AGREEMENT

THIS AGREEMENT IS MADE AND EXECUTED

AT PUNE ON THIS 14th DAY OF JULY THE YEAR 2023

BETWEEN

ROYAL NAMOVILLE VENTURES (AOP),

Through its Partner –
1)M/s. ROYAL VASTURACHANA L.L.P.
Firm Registered under The Limited Liability
Partnership Act, 2008
Office at – 1102/1 A, Rahi Bungalow, Model Colony,
Shivajinagar, Pune – 411016
PAN No. AADAR0914Q
Through its Partner –
Mr. Prafulla Sunil Ikhankar
Age -32 years, Occupation - Business,
Residing at – 1102/1 A, Rahi, Model Colony,
Shivajinagar, Pune – 411016.p
2) M/s. ROYAL VASTUNIRMAN L.L.P.
Firm Registered under The Limited Liability
Partnership Act, 2008
Office at – 1102/A, Rahi Bungalow, Model Colony,
Shivajinagar, Pune – 411016
Through its Partner –
Mr. Prafulla Sunil Ikhankar PAN No. AADAR0914Q
Age -29 years, Occupation - Business,
Residing at – 1102/1 A, Rahi, Model Colony,
Shivajinagar, Pune – 411016.

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 HEREINAFTER referred to and called as ‘THE PROMOTER’
[which expression unless it be repugnant to the context or
meaning thereof shall mean and include all his heirs, successors,
executors, administrators and assigns]

PARTY OF THE ONE PART.

AND

1)Mr. Harshal Sahebrao Gandhare

PAN No. BRVPG4720Q
Aadhar Card: 6958 3073 6084
Age - 27 years, Occupation - Serivce,

2)Mr.Anirudha Sahebrao Gandhare

PAN No. DNKPG0667K
Aadhar Card: 6107 4935 4593
Age - 24 years, Occupation - Serivce,
Both Residing at – Flat No-4, Anantvihar apartament
Bagmar Lane,Opp Vaidhahi Hotel,Tilkawadi,
Gole Colony, Nashik-422002

HEREINAFTER referred to and called as ‘THE ALLOTTEE/S’

[which expression unless it be repugnant to the context or meaning
thereof shall mean and include all his/her/their heirs, successors,
executors, administrators and assigns]

PARTY OF THE SECOND PART.

1) Mrs. Santha Jeeva, 2) Mrs. Sarannya Jeeva Vishwakarma, 3) Miss. Shamiya

Jeeva Vishwakarma, and 4) Mr. Sandip Dharuji Balwadkar t hrough their Power of
Attorney holder, ROYAL NAMOVILLE VENTURES (AOP), through its Partner –
M/s. ROYAL VASTURACHANA L.L.P. Office at – 1102/1 A, Rahi, Model Colony,

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Shivajinagar, Pune – 411016. PAN No. AASFR8914Q through its Partner – Mr.
Prafulla Sunil Ikhankar Age -32 years, Occupation - Business, Residing at –
1102/1 A, Rahi, Model Colony, Shivajinagar, Pune – 411016.

HEREINAFTER referred to and called as ‘THE CONSENTING

PARTY’ [which expression unless it be repugnant to the context or
meaning thereof shall mean and include all his/her/their heirs,
successors, executors, administrators and assigns]
PARTY OF THE THIRD PART.

WHEREAS the Promoter herein is the owner of and is otherwise

well and sufficiently entitled total that piece and parcel of all that piece
and parcel of land bearing -
=i)Survey No. 32/2/2, admeasuring 00 H. 03 R i.e. 300 Sq.Mtrs., ii)
Survey No. 32/2/5, admeasuring 00 H. 03 R i.e. 300 Sq.Mtrs., iii)
Survey No. 32/2/6 admeasuring 00 H. 4.6 R i.e. 460 Sq.Mtrs., iv)
Survey No. 32/2/7 admeasuring 00 H. 02 R i.e. 200 Sq.Mtrs., v) Survey
No. 32/2/8 admeasuring 00 H. .75 R i.e. 75 Sq.Mtrs., vi)Survey No.
32/2/12, admeasuring 00 H. 06 R i.e. 600 Sq.Mtrs., vii)Survey No.
32/2/13 admeasuring 00 H. 20 R i.e. 2000 Sq.Mtrs., viii)Survey No.
32/2 Pia admeasuring 00 H. 03 R i.e. 300 Sq.Mtrs. In total 00 H. 42.35
R i.e. 4235 Sq. Mtrs. and a)Survey No. 32/2/3, admeasuring 00 H. 1.5
R i.e. 150 Sq.Mtrs., b)Survey No. 32/2/4, admeasuring 00 H. 1.5 R i.e.
150 Sq.Mtrs., In total 00 H. 03 R i.e. 300 Sq. Mtrs. has take for
development In Grand total 00 H. 45.35 R. i.e. 4535 Sq. Mtrs. of
Balewadi, Taluka Haveli, District Pune, within the limits of Pune
municipal corporation and within the jurisdiction of Sub-Registrar
Haveli,Pune and which is hereinafter referred to as ‘the said property’
and is more particularly described in the Schedule-I written hereunder
and Said property is owned by the Promoter vide -

Survey No. 32/2/2 Area – 00 H.03 R, Promoter have purchased the

said property from Sangita Balasaheb Balavadakar by sale deed dated
19/12/2017 bearing Document No.12521/2017, which is registered at
Sub-Registrar Haveli No.1 vide Mutation Entry No.8770, the name of
the Promoter is mutated in the revenue records.

Survey No. 32/2/5 = Area – 00 H.03 R, Promoter have purchased the

said from 1.Bhausaheb Rambhau Nikam 2. Rajesh Rambhau Nikam by
sale deed dated 5/6/2017 bearing Document No.7034/2017, which is

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registered at Sub-Registrar Haveli No.21, vide Mutation Entry No.8577,
the name of the Promoter is mutated in the revenue records.

Survey No. 32/2/6 = Area – 00 H.04.6 R, Promoter have purchased the

property from 1.Bhausaheb Rambhau Nikam 2. Rajesh Rambhau
Nikam by sale deed dated 5/6/2017 bearing Document No.7033/2017,
which is registered at Sub-Registrar Haveli No.21, vide Mutation Entry
No.8578, the name of the Promoter is mutated in the revenue records.

Survey No. 32/2/7 = Area – 00 H.02 R, Promoter have purchased the

property from 1.Sandeep Ramchandra Tamhane 2. Shirish Tukaram
Boravake 3. Bhalachandra Tulashiram Enge 4. Bhimarao Narayan
Engale, 5. Bhausaheb Dyanadev Barawakar by sale deed dated
16/4/2017 bearing Document No.4678/2017, which is registered at
Sub-Registrar Haveli No.21, vide Mutation Entry No.8558, the name of
the Promoter is mutated in the revenue records.

Survey No. 32/2/8 = Area – 00 H.0.75 R, Promoter have purchased the

property from Vittal Shankar Nimhan by sale deed dated 20/7/2018
bearing Document No.9840/2018, which is registered at Sub-Registrar
Haveli No.15, vide Mutation Entry No.8918, the name of the Promoter
is mutated in the revenue records.

Survey No. 32/2/12 = Area – 00 H. 6 R, Promoter have purchased the

property from Mr. Dnyaneshwar Manohar Mule through Power of
Attorney holder M/s. Chandan Realities through Narendra Dharasi
Chandan, Consenting Party 1. M/s. Chandan Realities through
Narendra Dharasi Chandan 2. M/s. Chandan Realities through
Aanand Dharasi Chandan, 3. M/s. Chandan Realities through Shrimati
Godavari Dharasai Chandan, 4. M/s. Chandan Realities through Jyoti
Narendra Chandan by sale deed dated 01/02/2019 bearing Document
No.1621/2019, which is registered at Sub-Registrar Haveli No.15 vide
Mutation Entry No.9035 the name of the Promoter is mutated in the
revenue records.

Survey No. 32/2/13 = Area – 00 H. 20 R, Promoter have purchased the

property from 1. Sandeep R Tamhane, 2. Shirish T. Boravake, 3. Rahul
U. Jhagade, 4. Kiran U. Hole, 5. Abhimanyu B. Mahajan, 6. Bhausaheb
D. Barvakar, 7. Jivan V. Jagatap, 8. Datta G. Chevale, 9. Nitim T.
Shelake by sale deed dated 15/3/2017 bearing Document
No.4669/2017, which is registered at Sub-Registrar Haveli No.21, vide
Mutation Entry No.8557 the name of the Promoter is mutated in the
revenue records.

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Survey No. 32/2(P) = Area – 00 H. 3 R, Promoter have purchased the
property from (1) Ramchandra Pandurang Balwadkar, (2) Ajit
Pandurang Balwadkar, (3) Dattatray Pandurang Balwadkar, (4) Mrs.
Surekha Suresh Mohite, with consent of Mr. Vishal Ramchandra
Balwadkar and 9 others by sale deed dated 22/03/2018 bearing
Document No. 3093/2018, which is registered at Sub-Registrar Haveli
No.25 vide Mutation Entry No.8819 the name of the Promoter is
mutated in the revenue records.

Survey No. 32/2/3 = Area – 00 H.1.5 R and Survey No. 32/2/4 = Area
– 00 H.1.5 R in total 00 H.03 R area Promoter take for development
said land vide Development Agreement dated 26/3/2018, bearing
Document No.3717/2018 by Mr. Vishwakarma Narayanan Jeeva
and Mrs. Shanta Jeeva and Consenting Party Mr. Sandeep Dharu
Balawadakar and Power of Attorney dated 26/03/2018, bearing
Document No.3718/2018 by Mr. Jeeva Narayanan Vishwkarma and
Mrs. Shanta Jeeva and Consenting Party Mr. Sandeep Dharu
Balawadakar in favour of Promoter .
That the Mr. Vishwakarma Narayanan Jeeva expired on 29/01/2019
living behind her legal heirs i.e. Mrs. Santha jeeva, Mrs. Sarannya
Jeeva Vishwakarma and Miss. Shamiya Jeeva Vishwakarma, and
Consenting Party Mr. Sandeep Dharu Balawadakar hence they have
executed Confirmation Deed dated 13/06/2019 regarding said land
mentioned above at serial no. a and b favour of Promoter, which is
registered at Sub- Registrar Haveli No.15 vide Serial No.10429/2019
on 13/06/2019 and also executed the Power of Attorney in favour of
Promoter which is registered at Sub- Registrar Haveli No.15 vide Serial
No.10430/2019 on 13/06/2019.

AND WHEREAS the Promoters are entitled and enjoined upon to

construct building on the said property in accordance with the recitals
hereinabove.
AND WHEREAS the Promoter is in possession of the said
property.
AND WHEREAS the Promoter herein has decided to develop the
said property by constructing multi-storeyed buildings thereupon
consisting of commercial units and selling the same on ownership
basis.
AND WHEREAS the Promoter herein has appointed Vishwas S
Kulkarni as his Architect and Sejal Associate his Structural Engineer
for the preparation of the drawing and structural design of the buildings
which are under construction on the said property.

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 AND WHEREAS the Promoter herein prepared the layout through
its architect and got the same sanctioned from the Pune Municipal
Corporation , Pune vide its Commencement Certificate No.
CC/1978/22 dated- 31/10/2022.

AND WHEREAS thus Promoter herein alone is entitled to

develop the said property and construct the buildings on the said
property and has exclusive right to sell, lease, mortgage etc. the Unit,
Shop, flats, Apartment s, terraces, reserved / restricted area, garden
area, garage/out house, space for advertisement, hoardings etc. on the
terrace of the buildings, etc. in the buildings which are under
construction or to be constructed on the said property by the Promoter
and to enter into agreement/s with the ALLOTTEEs, Mortgagees,
Lessees etc. and to receive sale price or other amounts under
whatsoever heads and deposit and charges in respect thereof.

AND WHEREAS the Copy of the Certificate of title issued by the

Advocate of the Promoter, Property Card, 7/12 extract showing the
nature of the title of the Promoter to the said property on which the
buildings consisting of Shop/Unit/Apartment etc. is under construction
and the copies of the plans, Commencement Certificate and details of
the Apartment and specifications etc. as agreed to be provided have
been annexed hereto and marked as Annexure-A, B, C, D, E and F
respectively.

AND WHEREAS the ALLOTTEE/s herein has/have demanded

from the Promoter and the Promoter has given inspection to the
ALLOTTEE/s of all the documents relating to the said property and the
plans, designs and specifications prepared by the aforesaid Architect of
the Promoter and such other documents as are specified under the
Real Estate (Regulation and Development)Act, 2016 Maharashtra
Ownership Flats [Regulation of the Promotion of Construction, Sales
Management and Transfer] Act, 1963. [Hereinafter referred to as ‘THE
SAID ACT’] and rules made thereunder.

AND WHEREAS the Promoter herein has agreed to provide

amenities in the said Apartment, which are more particularly described
in the Annexure-F annexed hereto.

AND WHEREAS the ALLOTTEE/s herein is/are aware of the fact

that the Promoter herein has entered or will enter into similar or
separate agreement/s with several other person/s and party/ies in
respect of the other Shop/Unit/Apartment etc.

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 AND WHEREAS the ALLOTTEE/s herein applied to the
Promoter for allotment of Apartment/Flat Flat bearing No. C-703
admeasuring a carpet area of 837.22 Sq. ft. i.e. 77.78 sq. mtrs. along
with Balcony admeasuring 24.43 Sq. ft. i.e. 2.27 sq. mtrs. and Dry
Balcony admeasuring 64.58 Sq. ft. i.e. 6.00 sq. mtrs. on the Seventh
Floor in ‘C Wing’ in the building known as “NAMOVILLE” to be
constructed on the said property.

AND WHEREAS the Promoter has registered the said Project / said
property under the provisions of the Act with the Real Estate
Regulatory Authority at Pune No. P52100022808 authenticated copy is
attached in Annexure ‘G’;

AND WHEREAS, the Promoter has appointed a structural

Engineer for the preparation of the structural design and drawings of
the buildings and the Promoter accepts the professional supervision of
the Architect and the structural Engineer till the completion of the
building.

AND WHEREAS, the Promoter has accordingly commenced

construction of the said building in accordance with the said proposed
plans.

AND WHEREAS the parties relying on the confirmations,

representations and assurances of each other to faithfully abide by all
the terms, conditions and stipulations contained in this Agreement and
all applicable laws, are now willing to enter into this Agreement on the
terms and conditions appearing hereinafter.

AND WHEREAS, prior to the execution of these presents the

Allottee has paid to the Promoter a sum of Rs. 8,34,500/- (Rupees
Eight lakhs Thirty Four Thousand Five Hundred only), being part
payment of the sale consideration of the Shop/Unit/Apartment agreed
to be sold by the Promoter to the Allottee as advance payment ( the
payment and receipt whereof the Promoter hereby admit and
acknowledge ) and the Allottee has agreed to pay to the Promoter the
balance of the sale consideration in the manner hererin after
appearing.

AND WHEREAS, under section 13 of the said Act the Promoter

is required to execute a written Agreement for sale of said
Shop/Unit/Apartment with the Allottee, being in fact these presents and
also to register said Agreement under the Registration Act, 1908.

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 In accordance with the terms and conditions set out in this
Agreement and as mutually agreed upon by and between the Parties,
the Promoter hereby agrees to sell and the Allottee hereby agrees to
purchase the said Shop/Unit/Apartment.

NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT

IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS:-

1} CONSTRUCTION: -
The sanction to the building plan/s in respect of the
buildings which are under construction or to be constructed on the said
property has been obtained from Pune municipal corporation and the
Promoter herein shall continue to construct and complete the
construction of the buildings on the said property in accordance with
the plans, designs and specifications approved or to be approved by
the concerned Local Authority or within the buildings construction rules
and regulations of the Local Authority. The approved plan has been
seen and approved by the ALLOTTEE/s subject to such alterations and
modifications as the Promoter in his sole discretion may think fit and
necessary or may be required by the concerned Local
Authority/Government to be made in the same.
2} ALTERATION AND MODIFICATION IN SANCTIONED
BUILDING/S PLANS:-
The ALLOTTEE/s hereby agree/s and give/s his / her / their consent
to the Promoter herein to carry out such alterations, modifications in
the sanctioned plans as the Promoter in his sole discretion think fit and
proper and/or such modifications and alterations which are necessary
in pursuance of any law, rule, regulation, order or request made by the
local authority, planning authority, competent authority or Government
or any officer of any local authority or Government provided that the
Promoter shall have to inform in writing to the ALLOTTEE if such
alterations and modifications adversely affect the carpet area of the
said Apartment of the ALLOTTEE/s. The Promoter has made the
ALLOTTEE/s aware and the ALLOTTEE/s hereby give/s explicit no
objection and irrevocable consent to the Promoter to prepare the
new/revised layout and building plans even by shifting the locations of
the open space, position of dust bins, transformer plinths etc. adding
new floors/buildings etc and to submit the same to the requisite
authorities and obtain their sanctions and also further revise or amend
the said revised plans as and when thought necessary by the Promoter
or as and when required by the Promoter, and for the said purposes to

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sign all plans, without in any manner making the ALLOTTEE/s liable for
any costs and affecting his/her/their interest.

3} CONSIDERATION OF THE APARTMENT :-

The Allottee hereby agrees to purchase from the Promoter and the
Promoter hereby agrees to sell to the Allottee,Apartment/Flat bearing
No. C-703 admeasuring a carpet area of 837.22 Sq. ft. i.e. 77.78 sq.
mtrs. along with Balcony admeasuring 24.43 Sq. ft. i.e. 2.27 sq. mtrs.
and Dry Balcony admeasuring 64.58 Sq. ft. i.e. 6.00 sq. mtrs. on the
Seventh Floor in ‘C Wing’ in the building known as “NAMOVILLE”
i(hereinafter referred to as "the Apartment") as shown in the Floor
plan thereof hereto annexed and marked Annexure C and is
hereinafter for the aforesaid premises referred to or called as ‘The
Said Apartment’ for the consideration of Rs.85,89,500 (Rupees
Eighty Five lakhs Eighty Nine Thousand Five Hundred only)
being the proportionate price of the common areas and facilities
appurtenant to the premises, the nature, extent and description of the
common areas and facilities which are more particularly described in
the Second Schedule annexed herewith. (the price of the Apartment
including the proportionate price of the common areas and facilities
and parking spaces should be shown separately).

In addition to said consideration amount the Allottee has also agreed

to pay development charges, general charges, stamp duty,
registration charges, society formation charges etc as stated
hereinafter plus State/Central Goods and Service Tax 2017( GST) and
if applicable Service Tax, Maharashtra Value Added Tax, and any
other statutory charges/tax.
However,any new tax that may be levied by the Central or State
Government for the sale of the said Apartment , the same shall be
borne and paid by the ALLOTTEE/s alone. At present the Goods and
Service tax payable is to be paid the promoter as the consideration
value is inclusive of the GST Amount which shall be paid by the
ALLOTTEE to the Promoter in the stages enumerated herein below. If
there is any increase in the amount of service tax/ GST ,the increased
tax amount shall also be borne and paid by the ALLOTTEE/s alone.

The nature, extent and description of the common areas and facilities,
which are more particularly described in the Schedule-II written
hereunder and the Promoter herein has agreed to provide the
amenities in the said Apartment which are more particularly described
in the Annexure–F annexed hereto.

4} PAYMENT:-

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i) On or before the execution of this presents, the Allottee has paid to
the Promoter sum of Rs.8,34,500/- (Rupees Eight lakhs Thirty Four
Thousand Five Hundred only) and the Allottee hereby agrees and
undertakes to pay to Promoter the balance amount of the sale
consideration being Rs. 77,55,000/- (Rupees Seventy Seven Lakhs
Fifty five Thousand only) which is inclusive of GST amount as
under and all payment will be made by a cheque/demand draft/RTGS
drawn/issued in favour of “ROYAL NAMOVILLE VENTURES”

Sr.N Particular Amount

1 Received Before Signing Agreement 10%
2 Immediately after registration of Agreement 20%
3 On Completion of plinth of the Bldg 15%
4 On Completion of 1st Slab 10 %
5 On Completion of 2th Slab 10%
6 On Completion of 3th Slab 10%
7 On Completion of Walls & Internal Plaster 5%
of the said Apartment
8 On Completion of Staircases, lift wells and 5%
grills of the said Apartment
9 On Completion of external plumbing &
external plaster, terraces with water 5%
proofing of the building or wing in which said
Apartment is located.
On Completion of the electrical fittings,
UGWT, flooring of passage, of the 5%
10 building/wing of said Apartment.
At the time of Handing over of the
possession of the Apartment to the 5%
11 Allottee on or after receipt of OC/CC.

ii) Said sale consideration will be paid by the Allottee after deducting
1% to be deducted towards Tax Deducted at Source(TDS) under
Sec 194-IA of Income Tax Act. The Allottee hereby agrees and
undertake to deposit the TDS deducted by him in the
Government Treasury as required under Sec 194-IA of Income Tax
Act, 1961and furnish proof of payment at the time of payment of
respective installment by issuing TDS Certificate. In the event of the
Allottee’s failure to deduct and pay the tax as aforesaid, then the
Allottee alone will be liable to pay the interest and/or penalty as also

10
for the prosecution if any as per the provisions of the Income Tax Act
1961. The Allottee hereby indemnify and keep indemnified saved,
defended and harmless the Promoter in that behalf. The Allottee does
hereby irrevocably and unconditionally agree and undertake to
execute and sign all such deeds documents forms etc as may be
required by the Promoter to claim the benefits of the TDS. Payment by
deduction of TDS under this Agreement shall be acknowledged /
credited by the Promoter, only upon Allottee submitting original TDS
certificate and the amount mentioned in the certificate matching with
Income Tax Department website.

iii) The Allottee hereby agrees that, in addition to the sale

consideration and other charges, the Allottee shall be responsible
and liable to pay GST or any such other levies, statutory charges etc.,
as may be applicable on transfer and sale of said Apartment by
Promoter to the Allottee. The Allottee shall also be liable to pay
interest / penalty / loss incurred by the Promoter on account of the
Allottees failure and/or delay to pay GST or any other tax and
statutory charges and will paid the same within 7 (seven) days of being
called upon by Promoter.

iv) The amount of GST is as per Central Goods and Service Tax Act,
2017( GST Act) is subject to revision as per the applicable rate for
the relevant i n s t a l l m e n t s and before taking the possession of the
said Apartment, Allottee will pay GST or any other tax (if applicable)
with interest and penalty if any on the said taxes or statutory
charges. At present 18% interest is payable for late payment, in
case of delay in payment of GST, Allottee will be bound and
liable to pay inte rest @18% from due date till payment.

v) The Allottee will not be entitled to the possession of the said

Apartment unless all the Taxes are paid by him to the satisfaction of
the Promoter as per the statutory provision at the time of possession of
the said Shop/Unit/Apartment.

vi) In addition to taxes, statutory charges as stated herein above,

if any other tax, Government or Semi Government charge is
applicable or become applicable on any future date for sale of said
Apartment. Allottee will be liable to pay all such taxes, Government or
Semi Government due alongwith Penalty or interest on the same and
Promoter will not be liable to contribute any amount towards such
charge taxes, interest, penalty or any other amount.

vii) It is hereby agreed that the time for payment as specified above is

11
the essence of this agreement and failure of the ALLOTTEE/s to pay
the same before due date or within seven days from the ALLOTTEE/s
receiving the written intimation called from the promoter and if failed it
shall be deemed that ALLOTTEE/s has/have committed breach of this
agreement and the Promoter shall be entitled to take such actions as
they are entitled to take in case of breach / default of this agreement
without prejudice to the right of the Promoter to take action for breach
arising out of delay in payment of the installments.

viii) The Total Price is escalation-free, save and except

escalations/increases, due to increase on account of development
charges payable to the competent authority and/or any other increase
in charges which may be levied or imposed by the competent
authority Local Bodies/Government from time to time. The Promoter
undertakes and agrees that while raising a demand on the Allottee for
increase in development charges, cost, or levies imposed by the
competent authorities etc., the Promoter shall enclose the said
notification/order/rule/ regulation published/issued in that behalf to that
effect along with the demand letter being issued to the Allottee, which
shall only be applicable on subsequent payments.

ix) The Allottee authorizes the Promoter to adjust/appropriate all

payments made by him/her under any head(s) of dues against lawful
outstanding, if any, in his/her name as the Promoter may in its sole
discretion deem fit and the Allottee undertakes not to
object/demand/direct the Promoter to adjust his payments in any other
manner.

5} OBSERVATION OF CONDITIONS IMPOSED BY LOCAL

AUTHORITY:-
It is hereby agreed that the Promoter and the ALLOTTEE/s
herein shall observe and perform and comply with terms and
conditions, stipulations, restrictions, if any, which are/ will be within
frame work of building construction rules and regulations of the Local
Authority and which have been or which may be imposed by the Local
Authority at the time of sanctioning of the plan/s or any time thereafter
or at the time of granting Completion Certificate. The ALLOTTEE/s
herein shall not be entitled to claim possession of the said Apartment
until the ALLOTTEE/s herein has/have paid all dues payable under this
agreement in respect of the said Apartment to the Promoter.

6} UTILISATION OF F.S.I. / F.A.R. / T.D.R.:-

a) It is hereby declared that all sanctioned plan/s has / have
been shown to the ALLOTTEE/s and the floor space index (FSI)

12
available is shown in the said plan/s. The Promoter shall be entitled to
use the present unutilized and/or additional built up area /FSI/TDR/land
potential in respect of the said property on any other land by floating
FSI and/or in the same land as and when the same is permitted either
by way of construction of new buildings or extension of the buildings
which are presently permitted. Likewise the Promoter shall also be
entitled to use FSI pertaining to other land/s on the said property as
and when permitted by authority. In this Agreement, the word FSI or
Floor Area Ratio as stated herein shall have the same meaning as
understood by the Planning Authority under its relevant Building
Regulations or Bye-laws. The residual F.A.R. (FSI), if any, not
sanctioned at the time of sanctioning of plans in relation to the said
property shall be available to the Promoter before or after an
Association of Apartment Owners/ society is formed and also by virtue
of amendment/s of D.C. rules and / or F.S.I. made available by way of
floating F.S.I. Or byway of transferable development rights (TDR) of
any other land may be utilized by the Promoter in the said property as
he may decide. The ALLOTTEE/s has/have hereby given his/her/their
irrevocable consent to the Promoter who shall be entitled to revise the
plans, get them sanctioned from the Concerned Authority, and
construct the additional units, buildings permitted by the Authority.
After consuming such balance and/or additional F.A.R. by constructing
extensions and/or additional floor/s containing Apartment s, the
Promoter shall be entitled to sell such Apartment s for such permissible
user as the Promoter may think fit and proper to any person or persons
for such consideration as the Promoter may in his absolute discretion
deem fit. The ALLOTTEE/s shall have no objection for the said new
allottees to be admitted as members of the Ultimate body. The Ultimate
Body shall get the new transferees admitted as its members.
Notwithstanding anything contained in this Agreement the Promoter
shall be entitled to utilize any Balance and/or additional FSI and/or
TDR/land potential as stated herein above on any open area and/or on
terrace above the building/s either prior to or after completion of
building/s and even after conveyance of the said property. The
Promoter shall also be entitled to transfer or assign the said right/s to
any other person. The said property and/or buildings shall be conveyed
subject to such right, always being with the Promoter or his assigns.
It is also understood and agreed by and between the
parties hereto that the Promoter or its assignees shall have right to
construct Apartment s on the top terrace against FSI of road widening
area, FSI of internal roads, TDR or any other FSI.
In case the land or any portion of the said land is acquired
by any authority before execution of the conveyance, then the

13
Promoter alone shall be entitled to take compensation for the same or
get F.S.I. /T.D.R. in lieu of compensation.

b) The Promoter shall also be entitled to consume additional

F.A.R. and/or balance F.S.I / T D R available under D.P. Rules or by
any special concession being granted by the Concerned Authority
including the F.A.R. available in lieu of road widening, set back,
reservation etc.,

c) The sale of the said Apartment is subject to any relevant

and necessary covenants as may be stipulated by the Promoter for the
more beneficial and optimum use and enjoyment of the said property in
general and for the benefit of any or any part thereof including the
absolute use and utilization as above enumerated for the benefit of any
enhanced FSI/FAR or to absorb and consume the TDR rights acquired
on any portion/s of the said property.

d) The residual FAR (FSI), if any, not sanctioned at the time

of approval of plans by the Town Planning Authority issued in relation
to the said buildings will be available to the Promoter before or after
formation of Association of Apartment Owners / Co-Operative Housing
Society and also by virtue of amendment of D.C. rules and/ or FSI
made available by way of floating FSI or by way of transferable
development rights of any other property may be utilized by the
Promoter on any building as he may decide. Notwithstanding anything
contained in this Agreement to the contrary the Promoter shall be
entitled to utilise any balance and/or additional FSI and/or TDR as
stated in above paragraphs on any open space and/or on terraces
above the buildings either prior to or after completion of buildings and
even after conveyance of the said property. The Promoter shall also be
entitled to transfer or assign the said right to any other person. The
Promoter is fully entitled to consume future FSI or TDR generated or
unconsumed FSI or TDR on the said land and to sell the premises and
appropriate the sale proceeds thereof. The property shall be conveyed
subject to the said right.

The ALLOTTEE/s hereby agree/s and give/s his / her /

their irrevocable consent to the Promoter herein to carry out such
alterations, modifications in the sanctioned layout building, plans / in
the future as the Promoter in his sole discretion thinks fit and proper
and / or such modifications and alterations which are necessary in
pursuance of any law, rules, regulations, order or request made by the
local authority, planning authority, competent authority or Government
or any officer of any local authority of Government provided that the

14
Promoter shall have to inform in writing to the ALLOTTEE/s if such
alterations and modifications adversely affect the said Apartment of
the ALLOTTEE/s.

7} DISCLOSURE AND INVESTIGATION OF MARKETABLE

TITLE:--
The ALLOTTEE/s hereby declare/s that before the
execution of these agreement, the Promoter has made full and
complete disclosure and the ALLOTTEE/s has/have taken full and free
inspection of, inter alia the following :--

a) Nature of the rights, title and interest of the Promoter alongwith

the relevant documents as well as encumbrances, if any, known to the
Promoter. The Promoter has also requested the ALLOTTEE/s to carry
out the search and to investigate the title by appointing his/her/their
own advocate. The Promoter has also disclosed to the ALLOTTEE/s
nature of its right to construct buildings.

b) All the plans and specifications sanctioned by the Town Planning

Authority in respect of the buildings in which the said Apartment is
housed and of the said complex/ scheme constructed / proposed to be
constructed upon the said property.

c) Nature and particulars of fixtures, fittings and amenities to be

provided in the said Apartment hereby agreed to be sold.

d) All the particulars of design and materials to be used in the

construction of the building in which the said Apartment hereby agreed
to be sold is situated.

The ALLOTTEE/s hereby declare/s that after reading and

having understood the contents of the aforesaid documents and all the
disclosures made by the Promoter, the ALLOTTEE/s, with full
knowledge thereof, has/have entered into this agreement. The
ALLOTTEE/s hereinafter shall not be entitled to challenge or question
the title of the Promoter and his right to enter into this agreement.

8} NAME OF THE SCHEME AND BUILDING/S:-

Notwithstanding anything contained anywhere in this
agreement, it is specifically agreed between the parties hereto that, the
Promoter herein has decided to have the name of the scheme
/complex as “NAMOVILLE”. The ALLOTTEE/s or other Apartment
holders in the buildings or their successors are not entitled to change
the aforesaid name of the scheme/complex in any circumstances.

15
9} PAYMENT IN DUE TIME IS THE ESSENCE OF THE
CONTRACT:-
It is hereby agreed that the time for the payment as
specified above is the essence of the contract and on failure of the
ALLOTTEE/s to pay the same on due dates, it shall be deemed that
the ALLOTTEE/s has/have committed breach of this agreement and
the Promoter herein shall be entitled to take such action as is entitled
to take in case of breach of agreement including termination of the
agreement.

10} DELAY IN PAYMENT:-

The Allottee agrees to pay to the Promoter, interest as specified in the
Rule, on all the delayed payments which become due and payable by
the Allottee to the Promoter under the terms of this Agreement from
the date the said amount is payable by the Allottee to the Promoter.
Without prejudice to the Promoter’s other rights and remedies,
including its right to cancel and terminate this Agreement, as specified
hereinafter, for delay in payments towards the consideration amount
and towards all deposits, outgoings. And monthly contributions
Allottee shall be liable to pay interest as per the Rule.

i) In addition to the Allottee’s liability to pay interest as

mentioned herein above, the Allottee shall also be liable to pay
and reimburse to the Promoter, all the costs, charges and
expenses whatsoever, which are borne, paid and/or incurred by the
Promoter for the purpose of enforcing payment of and recovering
from the Allottee any amount/s or due/s whatsoever payable by the
Allottee under this Agreement.

ii) All payments received will be first applied towards applicable

taxes then interest payable and then towards other dues, if any, and
there after towards the instalments. No payment will be received after
due date without the payment of the applicable interest, if any as
mentioned.

11} CONSEQUENCE OF DEFAULT IN PAYMENT:-

i) On the Allottee committing three default in payment on the due

date of any amount due and payable by the Allottee to the Promoter
under this Agreement (including his proportionate share of tax levied
by the concerned local authorities and other outgoings) and/or on the
Allottee committing breach of any of the terms and conditions herein

16
contained, the Promoter without prejudice to their rights to charge
interest, shall be entitled at their own option to terminate this
agreement and forfeit the earnest amount in the manner as stated
herein.

ii) PROVIDED HOWEVER that, the power of termination herein

before contained shall not be exercised by the Promoter unless and
until the Promoter shall have given to the Allottee 15 days prior notice
in writing, by registered post AD/Courier at the address provided by the
Allottee and by email at the email address provided by the Allottee, of
their intention to terminate this Agreement and of the specific
breach or breaches of terms and conditions due to which they
intended to terminate the agreement and default shall have been
continued by the Allottee in remedying such breach or breaches
within 15 days after giving of such notice.

iii) In the event of termination, this Agreement shall stand

cancelled and revoked without giving any further notice to the end
and intent that the Promoter shall be entitled to dispose off the said
Apartment without any reference to the Allottee. Upon such
termination, the Promoter shall after deducting earnest money refund
to the Allottee, the balance amount without any interest on the amount
paid to the Promoter and earnest money shall stand forfeited by the
Promoter. The said monies shall be refunded to the Allottee within
ninety days from the termination of this Agreement subject to sale of
the said Apartment and receipt of sale consideration from the new
Allottee equivalent to the amount to be refunded to the Allottee on
termination and Allottee executing all documents as may be
requested by the Promoter. The Allottee herein on termination of these
present shall cease to have any right, title, interest and claim in the
said Apartment and consequently shall have no objection to disposal
of the said Apartment by the Promoter. The Allottee agrees that the
Promoter shall stand acquitted, released and discharged of their
obligation to refund the monies as aforesaid upon they drawing a
cheque for the said amount to be refunded in favour of the Allottee and
sending the same to the address of the Allottee mentioned
hereinabove . The Allottee further specifically agree that on Promoter
sending the cheque for the refund of the above stated amount Allottee
will not be entitled to file any legal proceeding for specific performance
of this Agreement.

iv) Upon the cancellation and termination of this agreement, the

Promoter shall be at liberty to sell or otherwise dispose off the said
Apartment to any other person/party whomsoever at such price, in

17
such manner and on such terms and condition as the Promoter may in
its sole, unfettered and absolute discretion think fit deem fit and proper
and Allottee herein shall not be entitled to raise any objection or
dispute in this regard.

v) In the event of termination of the agreement as stated herein

above, if necessary at the request of the Promoter, Allottee hereby
agrees and undertakes to execute a Deed, Document or writing
including the Deed of Cancellation to record the cancellation, of this
Agreement. Till Allottee executes such Deed, Document or writing as
requested by the Promoter, the Allottee hereby authorizes the
Promoter to retain part of the amount to be refunded on the execution
of such documents as requested by the Promoter. Even in absence of
document recording such termination, the Allottee will not have any
right, title or claim over the said Apartment on termination of the said
Agreement

vi) In the event of cancellation of this Agreement as aforesaid,

the Promoter is also entitled to file Declaration with respect to
termination and cancellation of this Agreement, before the Sub-
Registrar of Assurances.

vii) If Allottee takes housing loan and mortgages the said

Apartment to Bank / Financial Institution for securing the
repayment of said loan and this Agreement is terminated in
accordance with the terms of this agreement, the Allottee hereby
authorizes the Promoter without any obligation to do and in its sole and
unfetter absolute description to pay the Bank and release the said
Apartment from the Mortgage and resale the said Apartment free
from any encumbrances of any right of the Allottee or the said
Bank/Financial Institution. If is further agreed by the parties that
payment, made to the Bank by the Promoter under this provision will
be deemed to be repayment to the Allottee on termination of the
agreement.

12} SPECIFICATIONS AND AMENITIES:-

The specifications of the said Apartment and fixtures,

fittings, and amenities to be provided by the Promoter to the said
Apartment or to the said buildings are described in the Annexure- F
annexed hereto. If any additional or better quality fittings, fixtures or
amenities are provided by the Promoter at the request of the
ALLOTTEE/s in the said Apartment , and/or the ALLOTTEE/s request/s

18
the Promoter to make any changes in the internal plan of the said
Apartment or in the fixtures or amenities to be provided therein, the
ALLOTTEE/s shall be bound to pay the extra price for such additional
fittings, fixtures or amenities or for such fittings etc, of superior quality
and/or the cost incurred by the Promoter for making such changes for
providing different fittings, fixtures and amenities as per the bills raised
by the Promoter. The said bill/s raised by the Promoter shall be final.
The specifications/amenities may be changed suitably by the Promoter
depending on the availability of buildings materials, site conditions
and/or changes in Government policies or laws or rules for which
changes the Promoter shall not be bound or held responsible or liable
for doing, providing or performing any acts, deeds, matters, services,
amenities or extra works for the ALLOTTEE/s other than those
expressly appearing in the Agreement. The Promoter shall be entitled
to a reasonable extension of time in the period stipulated for
completion of the said “Apartment ” and for handing over possession
thereof to the ALLOTTEE/s under the terms hereof on account of such
additional work to be undertaken by the Promoter in respect of the
said “Apartment ”. The ALLOTTEE/s shall not demand any changes in
the plan of the premises annexed herewith. The Promoter shall not
refund any amount for deleting any items of specifications and
amenities on request of the ALLOTTEEs.

13} POSSESSION OF THE APARTMENT:-

Time will be essence of contract for the Promoter to endeavour to

hand over possession of the said Apartment to the Allottee on or
before 30/04/2024. PROVIDED FURTHER that the Promoter shall be
entitled to extension of time for giving possession of the said
Apartment on the aforesaid date, if the completion of the said
Building in which the said Apartment is situated is delayed on account
of:-
i. Non availability of steel, cement, other buildings material, water or
electric supply;

ii. War, Civil Commotion or Act of God or any other prohibitory order;

iii. Any notice, order, rule notification of the government, court and/or
other public or competent authority.

iv. Any delay by competent Authority/Local Authority in issue

of Occupation Certificate/ Completion Certificate or any other
permission /approval/ sanction. v. Any circumstance which has
disturbed the schedule of the construction.

19
vi. Any other reason or circumstance beyond control of the Promoter,
or which are not caused by the Promoter.
If Promoter is unable to give possession of the said Apartment to the
Allottee for reasons beyond their control as stated hereinabove the
Allottee shall not be entitled to any damages or compensation for
delay in handing over the possession of the said Apartment.

The Promoter on complete development of the said building and after

obtaining all NOCs from the various concerned Government / Local
Authorities will make an application for Occupation Certificate.
However if the Local Authority delay in issuing of Occupation
Certificate beyond 21 days period after submitting the application, the
same shall not be construed as delay on the part of the Promoter in
obtaining Occupation Certificate.

14. DELAY IN POSSESSION :-

A. If the Promoter is unable to offer the possession of the said

Apartment to the Allottee on its due date (with permitted extension of
time attributable to Force Majeure event) or mutually agreed extended
period for possession, the Allottee is entitled to either of following.

The Allottee is entitled to terminate this agreement by giving written

notice (Termination Notice) to the Promoter by Courier/Registered
Post AD/ Speed Post/email at the address provided herein. On receipt
of such termination notice this agreement will stand cancelled and
terminated. Upon termination of this agreement the Allottee shall have
no right, title, interest, claim, demand or dispute of any nature
whatsoever against the Promoter or in respect of the said
Apartment and the Promoter will be entitled to deal and dispose off
the said apartment to such person and for such terms and conditions
at its absolute discretion may deem fit and proper. After termination
of this Agreement, Promoter will refund the amount paid with
interest as per the rule from the due date for the possession of the
said Apartment . The said amount will be refunded only upon Allottee
executing Deed of Cancellation or any other documents as may be
required by the Promoter and registering the same before the Sub-
Registrar of Assurance. If Allottee is member of organization formed
by the Allottees, Allottee will surrender his right title and interest in
such Organisation in favour of Promoter or its nominee.

B. The Allottee will have to exercise his right to terminate

agreement or claim interest, by issuing Termination Notice or Interest

20
Notice, within 30 days from the due date of possession or mutually
agreed extended date of possession. If the Allottee fails to exercise
his right to terminate agreement or claim interest within 30 days,
from the due date of possession or mutually agreed extended date of
possession, it will be deemed that the Allottee has waived his right to
terminate the agreement and also claim interest as hereinabove
referred.

C. Once Termination Notice or Interest Notice is issued by the

Allottee, for delay in giving possession or not giving possession of
the said apartment, the Allottee will not be entitled to any other
remedy other than as stated herein and Allottee hereby waives his
right against the Promoter for any specific performance of agreement
or claim of any other loss or damages.

15. POSSESSION OF APARTMENT:-

a. The Promoter, upon obtaining the occupancy certificate from

the competent authority, shall give written notice to the Allottee
intimating that the said Apartment is ready for use and occupation and
offer possession of said Apartment on payment of balance amount.
The Allottee shall pay the balance amount and take possession of the
said Apartment within seven days of the Promoter intimating him, in
the event of the Allottee for any reason whatsoever failing and/or
neglecting to pay balance outstanding amount and take possession
of the said Apartment within the stipulated period, the Allottee for the
purposes of this Agreement shall be deemed to have taken
possession on the expiry of the seventh day from the date of issue
of said notice and Allottee will be liable to pay all outgoing charges,
cost and maintenance as required to be paid under any statute or
under this agreement or any other service being provided to the said
building or Apartment. Before taking possession of the said
Apartment the Allottee shall sign and/or execute all writings and
papers as may be reasonably required by the Promoter including
declarations, applications, indemnities, possession letter, electric
meter transfer forms and other papers necessary or expedient for
formation and registration of the Organisation. Under no
circumstances the Allottee shall be entitled to the possession of the
said Apartment unless and until all the payments required to be made
under this Agreement by the Allottee have been made to the Promoter
and other obligation terms and conditions agreed by the Allottee and
mentioned in this Agreement are carried out fully by the Allottee. It is
specifically agreed by the Allottee that, he waives his right to claim
charge u/s 55 of Transfer of Property Act on said Apartment till

21
he pays entire consideration and other charges as per this
Agreement.

16. DEFECT LIABILITY PERIOD :-

i.If within Five year from receipt of Occupancy Certificate, the Allottee
brings to the notice of the Promoter any structural defect in the said
Apartment or the said Buildings in which the said Apartment is
situated, or any defects on account of workmanship, quality or
provision of service,then wherever possible such defects shall be
rectified by the Promoter at their own cost and expenses, PROVIDED
Allottee has not caused any such damages to the said Apartment by
doing any addition/alteration to the said Apartment. If such damages
are caused due to any such addition/alteration the liability of the
Promoter will automatically cease and Promoter will not be liable and
responsible to rectify/repair such defect or any damages suffered by
the Allottee. The minor crack to walls will not be considered structural
defect. The defect liability is not applicable for any fitting and
fixture, which are manufactured by the third Party as they are
covered by Warranty /Guarantee provided by manufactures of
those fixtures and fitting and Promoter will facilitate the enforcement
of Warranty/Guarantee against such third Party.

ii. Some of the equipment/amenities/facilities require regular

maintenance service through Authorized Service Provider for
maintaining it in proper condition. To maintain such equipment, after
expiry of the Guarantee/Warrantee or in some case even during
period of Guarantee/Warrant, the Annual Maintenance Contract is to
be executed. If the Allottee fails to make AMC and said equipment get
damages, the Promoter should not be held responsible and liable for
any damages to those equipment. Similarly some of the
equipment requires regular operation, maintenance and usage and if
are left unoperated/unused it may start rusting and may become
redundant and unusable, therefore the Allottee or its organization will
have to ensure that it is regularly used, inspected and service by
Allottee or its organization. If the Allottee or their organizations fail to
maintain the same as per maintenance manual, Promoter should not
be held responsible or liable for loss and damages, Defect liability of
the such equipment will become automatically bad and void. For
Example :- Fire Prevention System, the said system should be
regularly serviced and inspected to ensure that it is working. Similarly
Sewerage Treatment Plan (STP) requires to be regularly operated
and also specialized person has to monitor the Plant 24 hours. These
are only few illustrations, similarly this will be applicable to lift, Organic

22
Waste Converter (OWC) etc.

iii. Defect liability shall not include any damages to natural material
like marble, stones, woods etc. The said natural materials due to
various factors, which are beyond the control of the Promoter may
lose its colors, shine, texture, break, expand or damage, etc or lose
bonding with wall etc. Allottee has agreed, Promoter cannot give any
warrantee and guarantee of the materials of such natural material
and damages occurring to material will not be covered under the
defect liability period.

iv. The Allottee or it Organisation, at its own cost will renew and
maintain all Annual Maintenance Contract(AMC) of all equipment’s
viz. Lift, STP, Fire Fighting System and all other amenities of the said
Building or said Complex from the authorised Service Centre. If
Allottee or its Organisation fails to renew any of the AMC and
those equipment’s suffer damage Promoter will not be held
responsible for such damages.

v. The Allottee hereby undertake, he will not do any act or omit to do

any act which would damage said Apartment or apart of the said
Building and hereby indemnify the Promoter and keep indemnified the
Promoter against all cost, expenses, charge and damages Promoter
and/or other Allottees of the said building may suffer to due to any act
or omission of the Allottee at any time after handing over possession
of the said Apartment.

17} USE OF THE SAID APARTMENT :-

The ALLOTTEE/s shall use the said Apartment or any
part thereof or permit the same to be used only for legal purpose and
Promoter hereby allowed one covered car parking to said allottee/s and
price of said car parking is included in said apartment consideration,
And as shown in the sanctioned plan, provided none of the Apartment
holder or present ALLOTTEE of said Apartment is / are entitled to use
or allow to be used said Apartment for pub, bar, massage centre, club
house, temporary lodge, gambling centre or any other illegal purpose.
He/ She / They shall use the parking space only for the purpose for
keeping or parking the ALLOTTEE/s own vehicle, as the case may be.

18} SPECIAL COVENANT AS TO THE ALTERATION AND

SCHEME:-
a) The Promoter herein has specifically informed to the
ALLOTTEE/s and the ALLOTTEE/s herein is/are also well aware that,
the Promoter herein is developing the scheme with intention to have

23
the homogeneity in the scheme as to landscaping, height and elevation
of the buildings, outer color scheme, terraces, windows and grills etc.
and hence the ALLOTTEE/s or any owner or occupier of the Apartment
/s in the buildings / wings or scheme shall and will not be entitled to
disturb the aforesaid homogeneity of the scheme or to erect any outer
expansions by any manner and to install or hang any plants or to erect
any type of permanent or temporary structure on the terraces or to
store soil or heavy things on terraces and shall not do anything so as to
disturb the said homogeneity or cause any damage to the external
façade/elevation. Further shall observe that, outlet of rain water/ water
of adjacent terraces/ sitout/ roofs shall always have proper flow and
should not obstruct the same in any manner. The ALLOTTEE/s herein
specifically undertake/s to abide aforesaid condition and on relying
upon this undertaking, the Promoter herein has agreed to allot and sell
the said Apartment to the ALLOTTEE/s herein on ownership basis,
subject to the terms and condition of this Agreement.

b) In “NAMOVILLE” project the Promoter herein is providing

advance technology amenities / material / plan and equipment in
common facilities and which has to be operated/ used by the persons
in the project with due diligences and observe all types of safety and
considering this aspect, it is specifically agreed between the parties
hereto that, the Promoter shall not be responsible after handing over of
premise to the society/ apartment owner/s or the Ultimate Body, The
Ultimate Body shall set it’s own norms for use of common amenities, in
order to avoid misuse, injuries and casualties/calamities occurred and
any damages of whatsoever nature caused to any person or property
for that the Promoter shall and will not responsible.

19} FORMATION OF ORGANISATION OF APARTMENT

HOLDERS INTHE BUILDING /S:-
The Promoter herein has decided to form a Co-op.
Housing Society of all Apartment holders in the buildings which is
under construction on the said property, but he may at his mutual sole
discretion form an Association of Apartment Holders or Company etc.
of all Apartment holders in the buildings which is under construction on
the said property.

The Promoter will execute all proper documents under the

provisions of various Acts and rules made there under and submit the
said property along with the buildings which is under construction
thereon and form a Co-operative Housing Society or Company or
Association of Apartment Owners and do the needful for formation of
such institute. The Promoter herein has sole discretion and absolute

24
right to define common area, restricted areas and facilities and
percentage of each apartment in the said property and prepare rules
and regulations and bye-laws of the organization.

The ALLOTTEE/s herein along with other Apartment

holders shall join in forming and registration of Society, Association of
Apartment or Company etc. which is to be formed by the Promoter
herein as aforesaid and for that, the ALLOTTEE/s herein from time to
time shall sign and execute all the applications for registration and for
membership and for other documents necessary for formation and
registration of such Society or Company etc. and return the same to
the Promoter herein within ten days of the same being forwarded by
the Promoter to the ALLOTTEE/s as to enable the Promoter to register
the Organisation of the Apartment holder in the buildings/ under
Section 10 of the said Act within the time limit prescribed by Rule 8 of
The Maharashtra Ownership Flats [Regulation of Promotion of
Construction, Sale, Management and Transfer] Rules 1964.

The ALLOTTEE/s declare/s that he/she/they has/have

given his/her/their consent to the Promoter to execute the final
conveyance deed in favour of Society/Company etc. only after the
completion of the entire project.

20} PROMOTER’S EXCLUSIVE RIGHT TO DEAL WITH THE

RESTRICTED AREAS AND FACILITIES:-
It is hereby agreed that the areas mentioned in the
Schedule-II written hereunder under head Common Facilities only shall
be the common facilities and the Promoter shall be entitled to declare
all other areas as restricted or reserved areas and facilities or alienate
and dispose off other areas and facilities in such manner as the
Promoter thinks fit.

It is hereby expressly agreed by the ALLOTTEE/s that, the

Promoter alone shall have the right to deal with the restricted or
reserved areas and facilities and the ALLOTTEE/s shall not raise any
objection to the same nor shall claim any rights in respect of reserved
areas and facilities.

21} TRANSFER OF APARTMENT :-

Unless prevented by the circumstances beyond the control
of the Promoter, it is agreed that the said property along with the
buildings to be constructed thereupon and the said Apartment will be
conveyed by the Promoter to the society/association of apartment

25
owners formed of all the Apartment ALLOTTEEs only after [i]
Obtaining the full and final completion certificate in respect of the entire
project in the layout of the entire scheme and utilization of entire FSI
and TDR/ land potential permissible to be utilized on the entire property
as per development control rules, [ii] Sale of all the units in all the
buildings in the layout of the scheme and [iii] After receiving the entire
amount and all dues from all the ALLOTTEE/s including the
consideration amount, maintenance charges, outgoings, stamp duty,
registration fees, VAT, service tax, GST etc. by all the ALLOTTEEs,
whichever is later.

22} PAYMENT OF TAXES, CESSES, MAINTENANCE CHARGES:-

ETC.:-
(a) Commencing a week after notice in writing is given by the
Promoter to the Apartment ALLOTTEE/s that the Apartment is ready
for the use and occupation, the Apartment ALLOTTEE/s shall be liable
to bear and pay from the date of the completion certificates of
his/her/their Apartment OR at the time of possession the proportionate
share of outgoings in respect of the said land and buildings namely
local taxes, betterment charges or such other levies by the concerned
local authority and/or Government, water charges, Insurance, common
lights, repairs and salaries of clerks, bill collectors, chowkidars,
sweepers, repair and maintenance of lift, repair and maintenance of
invertors and all other expenses necessary and incidental to the
management and maintenance of the said land and buildings. For
meeting the said expenses regularly every Apartment ALLOTTEE/s
shall pay maintenance charges regularly every to the Promoter before
delivery of possession of the Apartment . If service tax, GST or any
other tax is required to be paid on the said maintenance charges, the
same shall be borne and paid by the ALLOTTEE/s alone. The
ALLOTTEE/s shall not be entitled to demand any interest on the said
annual maintenance charges. The Promoter shall, utilize the said
annual maintenance charges for meeting the said expenses falling to
the share of the ALLOTTEE/s for months. If any dues or over expenses
are incurred for aforesaid purposes, the same shall be proportionately
paid by the Apartment ALLOTTEE/s to the Promoter within a period of
seven days from the date of demand and in the event of default to pay
interest @ 18% p.a.. After the expiry of months, the Promoter may
review the monthly maintenance charges taking into consideration the
amount of expenses incurred and the ALLOTTEE/s shall pay the
common maintenance charges as may be determined by the Promoter.
The decision of the Promoter to determine the monthly maintenance
charges shall be final and the ALLOTTEE/s shall not challenge the
same. The said maintenance charges shall not be liable to be

26
refunded. The ALLOTTEE/s or persons claiming through him/her/them
shall not be entitled to create any encumbrance or charge on the said
amount of annual maintenance charges and the same shall be non-
refundable and non-accountable. After the Association of Apartment
Owners/ society is formed, the ALLOTTEE/s shall be liable to pay such
amounts towards maintenance charges of common areas and facilities
as the Association may determine.

From the date of intimation that said Apartment is ready

for use and occupation the ALLOTTEE/s herein shall be liable to bear
& pay all taxes, cesses in respect of the said Accommodation & the
above mentioned maintenance charges and proportionate
maintenance charges etc. in respect of the said buildings.

It is specifically admit between the parties hereto that, the

Promoter is not responsible or liable to pay or share in the aforesaid
expenses in respect of unsold premises/Apartment in the buildings
which are under construction of the said property.
b) The Promoter at his discretion and option shall be entitled
to enter into agreement with any person/ company/ agency for
maintenance of the common areas and facilities for such period as
the Promoter may decide with a view to ensure cleanliness thereof
even after formation of society/association. The ALLOTTEE/s and the
society/ association shall be bound by the said contract. The
ALLOTTEE/s herein agree/s to the above fact and hence agree/s that
he/she/they will not demand account therefore till the entire scheme is
complete and maintenance is handed over to the society/ association.

c) The ALLOTTEE/s has/have understood the entire scheme of

maintenance in detail. The ALLOTTEE/s admit/s and agree/s to the
same, so that the maintenance of the building is not hampered in any
way due to lack of or non-payment by the ALLOTTEE/s.

23} PAYMENT OF STAMP DUTY, REGISTRATION FEE ETC:-

The ALLOTTEE/s herein shall bear and pay stamp duty , LBT and
registration fees and all other incidental charges etc. in respect of this
Agreement and all other agreements, Apartment Deed, Declaration
Deed, final Conveyance which is to be executed by the Promoter in
favour of the ALLOTTEE/s herein.

24} SPECIFIC COVENANTS:-

27
a) The ALLOTTEE/s herein admit/s and agree/s to always
admit that the Promoter is always ready and willing on all payment
payable by the ALLOTTEE/s under this agreement to the Promoter to
grant possession of such Apartment after its completion. The grant of
Completion/Occupation Certificate by the Local Authority in respect of
the said Apartment shall be conclusive proof as to the completion of
construction of the said Apartment .

b) After the Promoter obtaining the Completion Certificate in

respect of the said Apartment the ALLOTTEE/s shall also execute
such other documents such as Possession Receipt, Indemnity
Declaration, Undertaking, supplementary agreement etc. as might be
required by the Promoter.

c) The ALLOTTEE/s is/are hereby prohibited from raising any

objection in the matter of allotment or sale of other
Shop/Unit/Apartment, terraces, garage, garden space, outhouse,
space for advertisement, or any other space whether constructed or
not and called under whatsoever name, etc. on the ground of nuisance,
annoyance or inconvenience for any profession, trade or business etc.
that has been or will be permitted by law or by local authority in the
concerned locality. For the aforesaid purpose the ALLOTTEE/s is/ are
by executing these presents has/ have given his/ her/ their irrevocable
consent. A separate consent for the same is not required.

d) Nothing contained in this agreement is intended to be nor

shall be construed as a grant, demise or assignment in law in respect
of the said property and buildings or any part thereof except the said
Apartment . The ALLOTTEE/s shall have no claim save and except in
respect of the said Apartment hereby agreed to be sold to him/ her/
them and all Open spaces, Lobbies, Staircases, Terraces, Recreation
spaces, Garden space, etc. will remain the property of the Promoter
until the said property and buildings standing thereon are transferred to
the society/ association of apartment owners.

e) Any delay tolerated or indulgence shown or omission on

the part of the Promoter in enforcing the terms and conditions of this
agreement or any forbearance or giving time to the ALLOTTEE/s by
the Promoter shall not be construed as the waiver on the part of the
Promoter of any breach or non-compliance of any of the terms and
conditions of this agreement by the ALLOTTEE/s nor shall the same in
any manner prejudice the rights of the Promoter.
f) Notwithstanding anything contained anywhere in this
agreement, it is specifically agreed between the parties hereto that, the

28
Promoter shall have all the rights under this Agreement and other
Agreements in respect of the other Apartment shall be subsisting until
all the payments inclusive of the amount of consideration in respect of
all the accommodations in the buildings is received by the Promoter.

g) The Promoter herein has not undertaken any responsibility nor

has it agreed anything with the ALLOTTEE/s orally or otherwise and
there is no implied agreement or covenant on the part of the Promoter,
than that the terms and conditions expressly provided under this
agreement.
h) The terrace space in front of or adjacent to the Shop/Units shall
belong exclusively to the respective ALLOTTEE of the respective
Shop/Unit/Apartments. The said terrace shall not be enclosed by the
ALLOTTEE/s till the ALLOTTEE/s obtain/s sanction of the concerned
local authority and also till the permission in writing is obtained from the
Promoter or the Association of Apartment owners, as the case may be.
i) The terrace or terraces, if any, of the buildings constructed on
the said property, hereditaments and premises including the parapet
walls shall always be the exclusive property of the Promoter or his
nominees or assigns who shall also be entitled to display
advertisements in or over the walls of the terrace as well as in any
portion of the said plot and shall be exclusively entitled to the income
that may be derived by display of the said advertisements at any time
hereafter. The agreement with the ALLOTTEE/s and other
ALLOTTEE/s of the Apartment s in the said buildings and, other
structures shall be subject to the aforesaid rights of the Promoter or his
nominees or assigns who shall be entitled to use the said terrace or
terraces including the parapet walls and walls of the terraces therein as
well as any portion of the plot for any purpose including the display of
advertisements and sign boards and the ALLOTTEE/s shall not be
entitled to raise any objection or to any change in the price of the said
Apartment /s agreed to be acquired by the ALLOTTEE/s or to any
compensation or damages on the ground of inconvenience or any
other ground whatsoever. It is hereby further agreed that the Promoter
shall be entitled either to nominate any other person to obtain the
benefit or the rights given and/or reserved in favour of the Promoter
under this clause or to assign the rightand benefit hereby given to any
other person. Such nominees or assigns shall be admitted in the
Association of Apartment Owners/society in the same manner as the
Promoter admits the ALLOTTEE/s of the Apartment /s in pursuance of
the provisions hereinafter contained. It is further expressly agreed by
and between the parties that if the permitted Floor Space Index or
density is not consumed in the buildings being put up and/or at any
time further construction on the said plot is allowed, the promoters shall

29
always have the right to put additional storeys and/or consume the
balance Floor Space Index in any manner the promoter may deem fit
either on this plot and /or any other property of the promoter, subject,
however to the necessary permission of the concerned public
authorities in that behalf and the same allowed to be dealt with or
disposed off in the manner he may choose. The ALLOTTEE/s hereby
confirm/s the same and thereby agrees not to raise any objection
and/or claim reduction in price and/or compensation and/or damages
on any ground whatsoever.

j) The Promoter herein by spending huge amounts is providing

high quality specifications in the said Apartment and for the buildings/s
in the project known as “NAMOVILLE”, hence the ALLOTTEE/s/
unauthorized persons/ any agency shall not disturb the same under
any circumstances as to the concealed plumbing, concealed wiring etc.
and considering this aspect and the safety measures ALLOTTEE/s are
advised not to try any changes with all these amenities otherwise
guarantee/ warranty may lapse as well as durability and stability of the
buildings as to the R.C.C. frame work, concealed wiring load, neither
ALLOTTEE/s nor occupier of the said Apartment or any person on
behalf of the ALLOTTEE/s shall disturb the walls or any part thereof or
erect any additional wall or any structural changes or change the
electrical layout because wiring is not designed to take additional
increase in the electrical load in any manner and such act will amount
to be breach of condition of this transaction. The construction of
chimneys, hanging telephone or cable connection or computer devices,
electric connection which require external wiring cables, lines, dish
antennas will not be permitted except in the form described by the
Promoter in writing. This condition is the essence of contract and
ALLOTTEE/s herein undertake to abide the same.

k) The Promoter herein by spending huge amount has made

high quality external elevation for “NAMOVILLE” project and to have
such external look forever, the Promoter herein has specifically
informed to the ALLOTTEE/s herein that, any buyer of the any
Apartment in the buildings shall and will not be entitled to chizel any
external walls and have any additional opening in any manner for any
purpose and further shall install cooling equipments if required at the
places provided for the same inside the duct and any Apartment shall
not be on external elevation. The ALLOTTEE/s herein undertake to
abide this condition and if any owner or occupier of any Apartment in
the buildings committed breach of this condition the Promoter shall
have absolute right and authority to close such openings if any and

30
revoke the cost incurred for the same with interest from the such owner
and occupier of the Apartment .

l) The Promoter herein has specifically informed to the

ALLOTTEE/s that, with aspect to water proofing in the project the
guarantee stands automatically extinguished for the Apartment , if any
owner or occupier of such Apartment in the buildings chisels the
aforesaid works in any manner. Considering this aspect the
ALLOTTEE/s herein undertake/s not to chisel the aforesaid work in any
manner, which will cause the reason to cancel the aforesaid guarantee.

m) The ALLOTTEE/s shall not join two adjacent units and not
to demolish or cause to be demolished and not to make at any time or
cause to be made any addition for alteration of whatsoever nature in or
to the structure for construction of the said Apartment without the prior
written permission of the Promoter and subject to the sanction to be
obtained from the concerned authority as per prevalent law.

n) The Apartment ALLOTTEE/s is/are aware that

Corporation/ Collector/ Town Planning may not be able to supply
drinking water for some duration/period. In that case until the
conveyance, the Promoter shall help the Apartment ALLOTTEE/s and
their organization for providing required quantity of water by purchasing
the same from the market as per availability. All costs for providing the
water shall be borne by the ALLOTTEE/s and their organization and
the Promoter shall not be liable to bear the costs thereof. In this
respect the role of the Promoter shall be of giving required help and
making adequate arrangements and the costs thereof shall be borne
and paid by the Apartment ALLOTTEEs alone.
o) As the Promoter will be applying to the concerned
authorities for giving separate water connections for the buildings and
electricity meters and connections for the Apartment of the
ALLOTTEE/s, if there is any delay in obtaining the water and electricity
connections from the concerned authorities then in that case the
Promoter may provide electrical connections/ water supply through any
other temporary arrangement due to which if there is improper supply
of water/electricity the Promoter shall not be held responsible for the
same and the ALLOTTEE/s hereby covenant/ s consent/s for any
temporary arrangement that may be made in the said interim period.
The ALLOTTEE/s shall pay for the proportionate charges as
demanded, determined and decided by the Promoter for which the
ALLOTTEE/s hereby give/s his/her/their consent.

31
p) The Promoter may develop the open space and construct
Club House or other such facility. The said open space and club house
shall be a common facility and the Promoter is not seeking any
separate contribution for development and construction of the said
facilities. However, on completion of the said facilities and the same
being made available to the Apartment ALLOTTEE/s he/she/they shall
be liable to pay contribution of charges of maintenance thereof as may
be decided and levied by the Promoter until the said facilities are
handed over after completion of sale and Construction of the scheme
and recovery of entire consideration to the organization and thereafter
as may be decided and levied by such organization.

q) Amenity Space (if any) in the layout shall solely belong to

the Promoter and to develop or transfer the same or to deal with the
same at Promoter’s discretion. If required the Promoter may give the
Amenity Space to the Government / Corporation/ Collector/ Town
Planning Authority or Concerned Authority and avail of
benefits/compensation/F.S.I./T.D.R. thereof. The Apartment
ALLOTTEE/s or Association/ Society shall not be entitled to claim any
interest therein. The owner/s or holders of the Amenity Space shall be
entitled to avail of benefit of all or any one or more of the common
areas and facilities in the layout such as road, open space, use of
common drainage, water and electrical lines, etc. as may be given by
the Promoter at its discretion subject to liability of payment of
contribution towards maintenance thereof.

25} COVENANTS AS TO THE USE AND MAINTENANCE OF THE

SAID APARTMENT ETC. :-
The ALLOTTEE/s himself/ herself/ themselves with
intention to bring all persons into whosoever hands the said Apartment
may come, doth hereby covenant with, the. Promoter as follows for the
said Apartment and also for the buildings in which the said Apartment
is situated.

a) To maintain the said Apartment at the ALLOTTEE/s own cost in

good tenantable repair and condition from the date of possession of the
said Apartment is taken and shall not do or cause to be done anything
in or to the said Apartment or the buildings in which the said
Apartment is situated and in or to the said Apartment itself or any part
thereof.

b) Not to store in/outside the said Apartment /buildings surrounding

area any goods which are of hazardous, combustible or dangerous
nature or are too heavy as to damage the construction or structure or

32
the buildings or storing of such goods is objected to by the concerned
local authority any other authority or under any law and shall not carry
out or caused to carried out heavy packages up to upper floors, which
may damage or likely to damage staircase, common passages or any
other structure of the buildings including entrances of the buildings and
in case of any damage is caused to the buildings in which the said
Apartment is situated on account of negligence or default of the
ALLOTTEE/s in this behalf, the ALLOTTEE/s shall be liable for all the
consequences of the breach.

c) To carry at his/ her/ their own cost all internal repairs to the
said Apartment and maintain the said Apartment in the same
conditions, state and order in which it was delivered by the Promoter.
Provided that for the defect liability period such repairs shall be
carried out by the ALLOTTEE/s with the written consent and under the
supervision of the Promoter and shall not do or cause to be done
anything contrary to the rules, regulations and bye-laws of the
concerned local authority or other public authority. And in the event of
the ALLOTTEE/s committing any act in contravention of the above
provisions, the ALLOTTEE/s shall be responsible and liable for the
consequences thereof to the Concerned Authority and/or other Public
Authority.

d) Not to demolish or cause to be demolished at any time or

cause to made any addition and / or alteration of whatsoever nature in
or to the said Apartment or any part thereof and not to make any
addition or alteration in the elevation and outside colour scheme of the
buildings and shall keep the severs, drains, pipes, and appurtenances
thereto in good tenantable repair and condition, and in particular, so as
to support shelter and protect other parts of the buildings and shall not
chisel or in any other manner damage to columns, beams, walls, slabs
or R.C.C. pardis or other structural members in the said Apartment
without the prior written permission of the Promoter and/or the society
or the limited company or an Association of Apartment owners.

e) Not to do or cause to be done any act or thing which may render

void or voidable any insurance of the said property and the buildings or
any part thereof or whereby any increase in premium shall become
payable in respect of the insurance.

f) Not to throw dirt, rubbish, rags, garbage or other refuse or permit

the same to be throwing from the said Apartment in the compound or
any portion of the said property and buildings.

33
g) To bear and pay the local taxes, water charges, insurance and
such other levies, and also any additional increased taxes, insurance’s
etc. which are imposed by the concerned local authority and/or the
Government and /or other Public Authority.

h) The ALLOTTEE/s shall use the said Apartment only for legal
purpose as per the sanctioned plan.

i) The ALLOTTEE/s shall not let, sub-let, transfer, assign, give on

lease, license or part with ALLOTTEE/s interest or benefit factor under
this agreement or part with the possession of the said Apartment until
all the dues payable by the ALLOTTEE/s to the Promoter under this
agreement are fully paid up and only if the ALLOTTEE/s has/have not
been guilty of breach of or non-observance of any of the terms and
conditions of this agreement and until the ALLOTTEE/s has /have
intimated in writing to the Promoter and obtained written consent
thereof.

j) The ALLOTTEE/s shall observe and perform all the rules and
regulations which the Association of Apartment Owners/society may
adopt at its inception and the additions, alterations, and/or
amendments thereof that may be made from time to time for protection
and maintenance of the said buildings and the Apartment therein and
for the observance and performance of the buildings rules and
regulations and bye-laws for the time being of the concerned local
authority and the Government and other Public bodies. The
ALLOTTEE/s shall observe and perform all the stipulations laid down
by the Deed of Declaration/bye laws of the society regarding the
occupation and use of the Apartment in the buildings and shall pay
and contribute regularly and punctually towards the taxes, expenses or
the outgoing in accordance with the terms and conditions of this
agreement. The ALLOTTEE/s has aware that balcony area of the said
Apartment is shown as terrace area.

k) Till the Deed of Declaration and Conveyance of the said

Apartment is executed, the ALLOTTEE/s shall permit the Promoter
and their surveyors and agents with or without workmen and others at
all reasonable times to enter in to upon the said Apartment and the
said property and buildings/s or any part thereof to view and examine
the state and conditions thereof.

26} MAINTENANCEAND OTHER CHARGES:-

(a) The Allottees on execution of this Agreement or before taking

34
possession of the said Apartment shall pay the following amounts to
Promoter or its nominee

(i) Amount decided at time

Possession towards share money,
application and entrance
fee of the Society.

(ii) Amount decided at time towards Formation and

Possession Registration of the
Organisation and Legal
Charges in connection there
with.

(iiI) Amount decided at time towards advance maintenance

Possession charges of the said
Apartment and common area
and GST@ 18% on said
maintenance charges.
.
(b) All aforesaid charges fixed on basis of existing taxes, rules and
regulation, however at the time of handing over of the possession of
the said Apartment or any time after handing over possession if there
is any change in the aforesaid amounts or if any other
tax/charge/duty is levied and/or is found to be then payable on the
transaction hereby envisaged either because of any amendment
to the laws presently prevailing or because of enactment of any
new law or otherwise, the Allottee/s do hereby agree to pay to the
Promoter or its nominee such amount as shall be then prevailing.

All aforesaid charges are fixed on basis of existing taxes, rules

and regulation, however at the time of handing over of the
possession of the said Apartment or any time after handing over
possession if any other tax/charge/duty is levied and/or is payable on
the transaction hereby envisaged either because of any amendment
to the prevailing laws or because of enactment of any new law or
otherwise, the Allottee/s do hereby agree to pay to the Promoter or
its nominee such amount as shall be then prevailing.

(c) The maintenance charges collected herein are just estimated cost
of expenses and are subject to review/ escalation depending upon
the costs of inputs which include but not limited to expenses towards
salary, consumption of electricity, water and other consumables and
/or increase in levies or imposition of new ones by any authorities.

35
(d) If any deposit premium or security deposit, in addition to
the above mentioned payments, is/are demanded by the
Government, Municipality, or any local authority or electric supply
agency or gas supply agency or any other department or authority
for providing water, drainage, electricity connection, gas
connection or any other services, amenity or facility in the said
Buildings or said complex, the same shall be borne and paid by the
Allottee along with the Allottee of all other Apartment in the said
Buildings in proportion to the area of their respective Apartment and
the Allottee shall pay his proportionate share therein before taking
possession of the said Apartment. Till water supply to the different
building in the said Complex is separately assessed, the Allottee
shall pay along with the other outgoings proportional water charges
in respect of his Apartment as may be determined by Promoter or its
nominee.

(e) If amount collected from the Allottees fall short for the
maintenance, Promoter or its nominee shall raise in advance bills
every quarterly on the Allottee in respect of his proportionate share
of outgoings for the said Apartment (based on the chargeable
area of the said Apartment) for maintaining the said building the
common areas/facilities as aforesaid whether the Allottee and/or his
family-member/s is/are using such common areas/facilities or not.
Allottee shall duly pay to Promoter said amount within 7 (seven) days
from demand and shall not withhold the same for any reason
whatsoever. If Allottee fails to pay the said amount within 7 days
from the issue of bill to the Allottee, Allottee agrees to pay Promoter
interest as per rule from due date, till realization of the said amount.
Promoter at its discretion will raise bills for advance maintenance
charges, when it envisages it will require additional amount for
maintenance of said building/property.

(f) The aforesaid maintenance charges are estimated expenses

for maintenance for one years and if amount collected towards
maintenance fall short and Promoter or its nominee continues to
maintain the said building, Promoter or it nominee will raise the bill
on the Allottee, Allottee agrees and undertakes to pay all future
maintenance charges in advance and on quarterly basis till,
management and administration of said building / complex is handed
over to the Organisation. After handing over of management and
administration of the said building to the Organisation, Allottee will
pay to the Organisation / Apex Body all maintenance charges of the
building and pay to Promoter or its nominee his proportionate

36
 charge towards the cost and expenses for maintaining all common
amenities and infrastructure of said Property.

(g) The Promoter or its nominee shall be entitled to appropriate

the amounts collected under one head for meeting expenses under
another head. The Allottee shall not be entitled to raise grievance
in respect of the same. All the aforesaid amounts mentioned in
Clause 26 are non-refundable and are non-accountable. In the event
of there being any increase in the general charges on the date of
handing over the possession of the said Apartment, Allottee shall pay
the same before taking over the possession of said Apartment.

27} REPRESENTATIONSAND WARRANTIES OFTHE

PROMOTER:-

The Promoter hereby represents and warrants to the Allottee as

follows:

i. The Promoter has clear and marketable title with respect to

the said Property; as declared in the title report annexed to this
agreement and has the requisite rights to carry out development upon
the said property and also has actual, physical and legal possession of
the said property for the implementation of the Project;

ii. The Promoter has lawful rights and requisite approvals

from the competent Authorities to carry out development of the Project
and shall obtain requisite approvals from time to time to complete the
development of the project;

iii. There are no encumbrances upon the said property or the

Project except those disclosed in the title report;

iv. There are no litigations pending before any Court of law with
respect to the said property or Project except those disclosed in the
title report;
v. All approvals, licenses and permits issued by the
competent authorities with respect to the Project, said property and
said building/wing are valid and subsisting and have been obtained by
following due process of law. Further, all approvals, licenses and
permits to be issued by the competent authorities with respect to the
Project, said property and said building/wing shall be obtained by
following due process of law and the Promoter has been and shall, at
all times, remain to be in compliance with all applicable laws in
relation to the Project, said property, Building and common areas;

37
vi. The Promoter has the right to enter into this Agreement and
has not committed or omitted to perform any act or thing, whereby the
right, title and interest of the Allottee created herein, may prejudicially
be affected;

vii. The Promoter has not entered into any agreement for sale
and/or development agreement or any other agreement / arrangement
with any person or party with respect to the said property, including the
Project and the said Apartment which will, in any manner, affect the
rights of Allottee under this Agreement;

viii. The Promoter confirms that the Promoter is not

restricted in any manner whatsoever from selling the said Apartment
to the Allottee in the manner contemplated in this Agreement;

ix. At the time of execution of the conveyance deed of the said

building excluding basement to the association of Allottees the
Promoter shall handover lawful, vacant, peaceful, physical possession
of the common areas of the Structure to the Association of the
Allottees;

x. The Promoter has duly paid and shall continue to

pay and discharge undisputed governmental dues, rates, charges
and taxes and other monies, levies, impositions, premiums, damages
and/or penalties and other outgoings, whatsoever, payable with
respect to the said project to the competent Authorities;

xi. No notice from the Government or any other local body

or authority or any legislative enactment, government ordinance,
order, notification (including any notice for acquisition or requisition of
the said property) has been received or served upon the Promoter in
respect of the said Land and/or the Project except those disclosed in
the title report.

28} LIMITED RIGHT OF ALLOTTEES:-

a. The Promoter has agreed to sell and transfer only said

Apartment to Allottees and Allottee has agreed to acquire and
purchase only said Apartment from the Promoter save and accept
the said Apartment Allottee hereby agree and admit that he/she will
not have any claim interest or any other right interest on the said
property or part of the said property. All other portions of the said
Building and said property shall remain the property of the Promoter

38
until transferred thereof to the Organisation or Apex Body or the sale
of the last Apartment by the Promoter whichever is later.

b. The Allottees shall have no claim upon the open spaces,

parking spaces, (other than or unless specifically allotted by the
Promoter) lobbies, terrace, garden areas etc. and the same shall
absolutely belong to the Promoter until transfer of the said property to
such Organisation of the Allottees of all the Apartments.

c. The Allottees shall not have any claim, right or interest in

respect of any common areas, amenities and facilities whatsoever in
the said complex, including the open spaces, lobbies, staircases,
common entrances, common passages/corridors, terraces, recreation
areas, Sewage Treatment Plant, Electric Sub-Stations, save and
except the right of user thereof hereby expressly given to the Allottee
in respect thereof, and all such common areas, amenities and facilities
shall remain the property of the Promoter until the Deed of
Conveyance / Lease is executed in favour of the said Organization as
mentioned herein. The amenities and common area being maintained
by Promoter for the better enjoyment of the Said Property/ Said
Building, therefore Allotteeswill be liable to contribute towards the said
maintenance as per the bills raised by the Promoter from time to time.

d. The common areas, amenities and facilities in the said

complex, including the open spaces, common entrances, common
passages/corridors, lobbies, staircases, terraces, recreation areas,
Sewage Treatment Plant, Electric Sub- Stations shall be used in
reasonable manner and only for the purposes for which the same are
provided, and the same shall be used in accordance with the rules and
regulations as may be framed in this regard by the Promoter or the
said Organization/Apex Body

e. The Allottees shall not use the common areas, amenities and
facilities, or permit the same to be used for any purpose other than the
purposes for which the same are intended, and the Allottees shall
not commit any nuisance or do anything which may cause
disturbance or annoyance to the other owners/occupants of the said
buildings.

f. The Allottees agrees not to change user of the said

Apartment without prior consent in writing of the Promoter, which the
Promoter will be entitled to refuse if they deem fit and any
unauthorized change of the user of the said Apartment by the
Allottees shall render this Agreement void/voidable at the option

39
of the romoter and the Allottee in that event shall not be entitled to
any rights under or arising out of this Agreement.

g. Until such Conveyance is executed, the right of the Allottees

shall be confined only to the respective Apartment and the Allottees ,
and on formation of Organisation of the said Building, said
Organisation shall not have any right other than on the part of the
said property covered under the plinth area of the Said building.
The conferment of right shall take place only in respect of the said
property in favour of the Organisation or Apex body on the execution of
the Conveyance or perpetual lease in its favour as aforesaid. Unless
all the Allottees of Apartments, shops and other Apartment etc. have
paid all their dues including their contribution for Stamp Duty and
Registration Charges payable on such conveyance as the case may
be, to the Promoter, the Promoter shall not be bound to execute or
cause the conveyance or perpetual lease to be executed in favour of
the Organisation as the case may be.

29} The Promoter shall maintain a separate account in respect of

sums received by the Promoter from the Allottee as advance or
deposit, sums received on account of the share capital for the
promotion of the Co-operative Society or association or Company or
towards the out goings, legal charges and shall utilize the amounts
only for the purposes for which they have been received.

30}RIGHT OF PROMOTER:-
(i) The Promoter reserves for itself the exclusive ownership of the said
property and have right of use and occupation of open spaces, parking
places, terrace/s of all building constructed or to be constructed on
the said property and shall be absolutely at liberty for leasing out,
allotting the same and/or setting up communication or information sites
or links, equipment, with an attendant room to be constructed for the
purpose and/or for setting up and displaying hoardings,
advertisements and sign boards, illuminated or otherwise, and neon
signs and to install dish antennae with certain systems and electric
meter rooms, communication links, cables and connection lines on
the terms and conditions agreed between them. The Promoter shall
be entitled to deal with the same and receive consideration in respect
thereof.

(ii) The Allottees and the Organisation shall not raise any obstruction
or interfere with the rights, powers and authorities of the Promoter in
this regard to use open space, terrace, common area etc. for the
aforesaid purpose. However in the event any rates, charges or taxes

40
or any other levies are charged, imposed or levied by the
Corporation, local authority or public or private bodies or the
government (state and central) or any other concerned authorities for
and in respect of the aforesaid use, enjoyment and benefit of the
same, shall be borne and paid by the Promoter.
(iii) The Promoter and/or their respective nominee/s successors and
assigns shall, be entitled and have the right to become members of the
Organisation formed of all Allottees of the Apartment in the said
building in respect of the aforesaid areas and shall have, with the
same, to the extent permitted by law, rights, powers and authorities
and subject to the same obligations and liabilities, as the Allottees
herein and all other ordinary members thereof.
(iv) In the event Promoter retains possession of the terrace, the
Promoter shall, on receiving prior written intimation in that behalf,
allow the members of the Society to visit the overhead tank, lift room
for the purposes of its maintenance, service and repair.
(v) In the event Promoter using the terrace of said building and
handing over the said building to society, the Promoter, its servants,
agents, workmen, staff and employees and such other persons shall
at all times have the right and authority to enter into and upon the
said building and the said property, for the purpose of access to and
from the said open spaces, terraces, parapet walls, external walls
and other areas and to apply for, lay down, install and connect
electric, communication and utility lines, cables and meters and to
do and carry out all other work, acts, deeds and things
thereon/therein and in respect thereof as the Promoter may desire
and deem fit in their sole and unfettered discretion. If necessary the
Promoter or it nominee will also be entitled to get separate electricity
connection and Allottees /Organisation if required will give all co-
operation and issue No objection Certificate if required by electric
supply company.
(vi) The entire revenue and income received or derived by the
Promoter upon sale, transfer, assignment and/or disposal of all or
any rights in the said property or the said buildings or the entire
construction, including additional construction, carried out on the Said
property and/or in the said buildings by utilizing and consuming the
FSI, FAR, DR and TDR or upon sale, transfer, assignment and/or
disposal thereof, shall be the absolute property of and exclusively
belong to and be appropriated by the Promoter, who shall not be
liable to or called upon to disclose or render any account/s in
respect thereof to the Allottees herein and/or the Organisation. The
Promoter shall not be liable to pay or grant any compensation, charges
or other amount whatsoever or rebate in consideration in respect of the
aforesaid or on variation in the scheme of development, plans,

41
specifications and/or layout to the Allottees herein, or any other
Apartment Allottee in the said buildings, or to the Organisation.
Neither the Allottees nor the Organisation hereby envisaged shall be
entitled to demand any compensation or rebate on account of any of
the aforesaid use by the Promoter.
(vii)The Promoter shall have a right to make additions and alterations
to the said Building or any part or parts thereof and also to raise or put
additional story’s or structures on the open land or open part or parts
of the said Buildings including terraces at any time before transfer of
the said property and such right shall include the right to use the Floor
Space Index or the additional Floor Space Index which may be
available in respect of the said plot or other land at any time in future
or by use of TDR brought from outside and as may be permitted under
Development Regulation applicable to the said property and such
additional Floor Space Index, additions and additional structures or
storeys shall always be deemed to be the sole property of the
Promoter who shall be entitled to deal with or dispose of the same in
any way they choose without any objection or hindrance from the
Allottees . The Allottees and Organisation hereby agrees that said
Allottees of Apartment in such additional storeys or structure will be
made members of the Organisation.
(viii) In the event of any portion of the Said property being required
by M.S.E.D.C. L. or any other body for putting up an electric sub-
station, the Promoter shall be entitled to give such portion to the said
M.S.E.D.C or any other body for such purpose on terms and
conditions as may be agreed by the Promoter. The Promoter shall be
entitled to give consent to the benefit of such an electric sub-station
being given to any other plots of land in the vicinity, whether forming
part of the said property and/or the said Buildings or not.
(ix) The Promoter shall have full and unfettered right to grant to any of
such Organization and/or to the occupants of any other buildings/s
standing on any plot/s adjacent to and/or in the vicinity of the said
property Right of Way inter alia on the said property and/or any part
thereof even after formation of such Organisation as is hereby
envisaged and/or after execution of a conveyance of the said
property and/or any part thereof as is hereby envisaged and the
Allottees either individually or collectively as a member of any such
Organisation shall not object to any such arrangement on any ground
whatsoever.
(x) The Promoter shall install lighting arrestor as required under the
rules and regulation for installation of lighting arrestor, despite said
lighting arrestor is Allottee or any person suffer loss or damage to life
or the property due lighting strike, Promoter will not in any manner
responsible or liable for such loss or damages.

42
(xi) The Promoter will install electricity meter but will not be
responsible for any faulty installation of meter or continuous supply of
electricity. Similarly Promoter will not be responsible for the water
supply but will provide water either through bore-well or tanker or any
other source. The Promoter if requested by Organization of Allottee at
the cost of Organisation/Allottee will only create suitable infrastructure
for treatment of raw water, which will treat the water as per domestic
and drinking consumption standard. The Allottee agrees to pay
necessary water charges, tanker charges and is fully aware about his
fact and shall not take objection for the same and shall keep
PMRDA/Sanctioning Authority/Promoter indemnified at all times.

31} The Allottees hereto specifically declares and confirms that:-

a) The Allottees has inspected title deeds relating to the Said

Property and has ascertained for himself, the title of the Promoter to
develop the said Property and therefore Allottees shall not be entitled
to further investigate the title and no requisition or objection shall be
raised upon any matter relating thereto.
b) The said Apartment is not transferred to the Allottees on
execution of this Agreement, but will be deemed to have been
transferred on payment of entire consideration and all other charges
and deposits as stated in the agreement, till the payment of entire
amount Allottees expressly waive the charge u/s 55 of the
Transfer of Property Act on the said Apartment for the amount
paid by the Allottees.
c) This agreement is not to be or is not intended to be construed as
conveyance or nor is it intended by the parties and no interest in the
said property is or is intended to be created and transferred to or
vested in the Allotttes.
d) The Allottee is aware that facilities and amenities stated in the
brochure, advertisement or leaflet or email or website will not be
provided to the Allottees unless same is part of the amenities listed in
this agreement. The Allottees is aware that such leaflet brochure,
advertisement or email was just for promotional purpose and Allottees
will not make any claim for damages or otherwise, based on such
brochure, advertisement or leaflet or email or email marketing material.

32} It is an express, essential, vital and integral term and

condition of this Agreement that:
i. Promoter shall be entitled to make any variations,
alterations, amendments or deletions to or in the said complex,

43
buildings, layout, plans and specifications of the Apartment in the said
buildings, relocating/realignment of the water, power, sewerage,
telephone, gas and other service and utility connections and lines,
overhead/underground tanks, pumps, open spaces, parking spaces,
recreation areas, garden spaces and all or any other areas, amenities
and facilities and/or varying the location of the access to the said
buildings as they may deem fit in their sole and unfettered discretion
or if the same is or are required to be done by the concerned local
authorities;

ii. The Promoter will form separate Society of each building,

but if required for operational reason or for the convenience of the
any buildings, the Promoter may at its sole discretion, form and
register one or more Organisation comprising Allottees of one or more
building or any group of buildings in the said Complex.

iii. It is clearly understood that no right/title/interest of the

Allottees or any other person is being created hereby in the
internal street, and the Allottees and person/s claiming through
him/them will merely have license to pass and re-pass from the
Internal Street without any act or hindrance from the Promoter subject
to Allottees or respective Organisation of the building contributing
towards the maintenance of the infrastructure. It is further
understood that no Organisation will have exclusive right over the
internal street within the complex even after conveyance of the
respective building alongwith land beneath the building to the said
Organisation. The right of way will always be deemed to be integral
right to all Organisation and no Organisation can for any reason claim
exclusive right of way on any of the internal Street. The Promoter shall
use the internal street within the complex to provide access to the
Allotteesalongwith the Allottees of other Apartments / shops
/Apartments/Garages etc in any other buildings adjoining to the said
property, whether developed by the Promoter or anyone else.

iv. Till complete development of the said property and

conveying the whole of the said property as stated herein, Promoter
will have right of way through all internal roads and Allottees or the
Organisation formed of the buildings thereon will not create any
obstruction or hindrance to the Promoter to do construction on the
said property and passing and re-passing from the said internal road or
by putting separate road.

v. The Promoter are desirous of selling, transferring or

otherwise allotting or disposing of Apartment, and other areas

44
including gardens/terraces appurtenant to or adjoining or abutting
and/or above certain Apartment in or around the said buildings on what
is popularly known as ownership basis and/or otherwise and they are
entering into separate agreement for sale, transfer and/or disposal
thereof with various Allottees or transferees thereof;

33} The Allottee/s hereby agrees that:

(a) Until such time the conveyance of the Said property and the
said building is executed in favour of the Organisation and/or Apex
Body, the Promoter shall be entitled to transfer, assign, allot, dispose
of and/or sell in any manner it deems fit or proper the terraces, parking
spaces, common and open areas to anybody for such price and on
such terms and conditions as the Promoter may deem fit. The
Allottees along with the other Allottees or Organisation formed of all
Allottees will recognize such agreement and right created by the
Promoter and shall not raise or be entitled to raise any objection of
whatsoever nature or kind.

(b) Until such time the conveyance of the Said property is executed in
favour of the Organisation or Apex Society as aforesaid the Allottees
shall abide by the rules and regulations framed or to be framed at any
time and from time to time and at all times by the Promoter and
generally to do all and every reasonable act that the Promoter may call
upon the Allottee to do or carry out.

(c) The Allottee shall have no claim or right on any part of the Said
property and also to any part or parts of the said Building other than
the said Apartment agreed to be taken by him. All open spaces, road,
club house, garden, utility areas and common amenities, lobbies,
staircases, terraces shall, remain the property of the Promoter until the
whole property is assigned and transferred to the Organisation or Apex
Society as the case may be as herein mentioned but subject always to
the rights, reservations, covenants and easements in favour of the
Promoter as herein provided.

(d) The Promoter shall have absolute and exclusive right and authority
to use, utilize and consume present and future F.S.I. and the F.S.I.
and/or T.D.R., which will be made available to them, by the concerned
local authorities and the Allottees shall not have or claim any rights
and/or benefits of whatsoever nature in respect thereof. The
Allottees will also not demand for any consideration or any discount of
any nature for use of TDR or FSI by the Promoter of the said property
and hereby give irrevocable consent for use of the same, in the
manner as may be deemed by the Promoter.

45
(e) The Promoter is entitled to amalgamate said property with any
other adjoining property and make integrated development of the said
property alongwith such amalgamated property by using development
potential of the said amalgamated property by constructing building on
the said property for entire consumption of development potential of
the said property.

(f) The Promoter will shall start work on the common areas and
external facilities as described in Part B and C of the Fourth
Schedule hereunder written, only after 90% of the Apartments
situated in the said property are sold and the Allottees shall not raise
grievance in respect of the same.

(g) The Promoter hereby gives express notice to the Allottees

that some of the common areas and external facilities may be put
up/provided by the Promoter on the said property or any part of said
property or on any of the plots adjoining and/or being in the vicinity of
the said property. In such an eventually Promoter may enter into an
agreement with owners of the such adjoining Property for use of such
common areas and external facilities being used by the occupiers of
the Apartment/Shops/Offices in the building/s standing on the Said
Property. The Allottees hereby expressly agree/s not to raise any
objection of whatsoever nature to any of the arrangement/s that may
be arrived by the Promoter with Owner/Promoter of any adjoining
property

34} The Allottees himself with an intention to bring all persons into
whomsoever hands the said Apartment may come, doth hereby
covenant with the Promoter as follows:

a. To maintain the said Apartment at Allottee’s own costs in

good tenantable repair and condition from the date of possession of
the said Apartment is taken and shall not do or suffer to be done
anything in or to the said Building in which the said Apartment is
situated or staircase or any passages which may be against the rules,
regulations or bye-laws of concerned local or any other authority or
change/alter or make addition in or to the said Building in which the
said Apartment is situated and/or the said Apartment itself or any part
thereof; Not to store in the said Apartment any goods, which are
prohibited under any law or which are hazardous, combustible or
of dangerous nature or are so heavy as to damage the construction or
structure of the said Building or shall not carry or cause to be carried
heavy packages in upper floors which may damage or likely to

46
damage the staircase, common passages, or any other structure of
the said Building including entrances of the said Building. In case of
any damage is caused to the said Building due to any act or
omission of Allottee or anyone on his behalf, it will be breach of this
Agreement. ,

b. To carry at his own cost all internal repairs to the said Apartment
and maintain the said Apartment in the same condition, state and
order in which it was delivered by the Promoter to the Allottee and
shall not do or suffer to be done anything in or to the said Building in
which the said Apartment is situated or the said Apartment or which
may be against the rules and regulations and bye-laws of the
concerned local authority or other public authority AND in the event of
the Allottee committing any act in contravention of the above provision,
the Allottee shall be responsible and/or liable for the consequences
thereof to the concerned local authority and/or other public authority.

c. Not to demolish or cause to be demolished the said Apartment or

any part thereof, nor at any time, make or cause to be made any
addition or alteration of whatsoever nature in or to the said
Apartment or any part thereof nor any alteration in the elevation
and outside colour scheme of the said Building in which the said
Apartment is situated and shall keep the portion, sewers, drains pipes
in the said Apartment and appurtenances thereto in good tenantable
repair and condition, and in particular so as to support, shelter and
protect the other parts of the said Building in which the said
Apartment is situated and shall not chisel or in any other manner cause
damage to columns, beams walls, slabs or R.C.C. Purdis or other
structural members in the said Apartment without the prior written
permission of the Promoters and/or the Organisation as the case may
be;

d. Not to do or permit to be done any act or thing which may render

void or voidable any insurance of the said property and the said
Building in which the said Apartment is situated or any part thereof or
whereby any increased premium shall become payable in respect of
the insurance;

e. Not to throw dirt, rubbish, rags, garbage or other refuse or permit

the same to be thrown from the said Apartment in the compound or
any portion of the said property and the said Building in which the said
Apartment is situated;

f. Not to use the said Apartment or permit the same to be used for

47
any purpose other than that permitted by the Promoter or for any
purpose, which may or is likely to cause nuisance or annoyance to
the occupiers of neighboring Apartment or for any illegal or immoral
purpose, or in violation of any rules applicable thereto.

g. Will not make any changes of whatsoever nature including

shifting of the walls, doors, windows, bedrooms, kitchen,
bathrooms, balconies, terrace, enclose balconies, flower bed,
extending rooms, change floorings, plumbing systems, , electrical
wiring, sanitary systems and fix of grills or doing any work affecting
and damaging the columns and/or beams of the building, or damaging
the stability of the structure of the building.

h. Will be responsible for damage to structure due to (i) installation

of Air–conditioners on the external walls (ii) Loading of heavy luggage
in the lift, (iii) damage to any portion of the neighbor’s Apartment, or
common area by drilling or hammering etc. and (iv) does not follow
the conditions mentioned in the maintenance manual.

i. Not to encroach upon or make use of any portion of the said

Building not agreed to be acquired by him or keep any shoes racks,
decorative material or chair or any other material in the lobby, landing
stair case etc.

j. Carry out along with other Allottee in the said Buildings, at their
own costs, without holding the Promoter responsible or liable for, all
repairs, additions and alterations in or to the said Building and the said
Apartment as may be required to be carried out hereafter by the
Government, Gram Panchayat, Municipal Corporation or any other
Statutory Authority.

k. Not to change the external elevation facade or colour scheme of

the said Building. Until all Apartments in the said Building are not
separately assessed for Municipal taxes and other levies, pay his
shares thereof on basis of carpet area of the Apartment.

m. To bear and pay increase in local taxes, water charges, insurance

and such other levies, if any, which are imposed by the concerned
local authority and/or government and/or other public authority, on
account of change of user of the said Apartment by the
said Apartment Allottee viz.user for any purpose other than for
residential /commercial purpose as the case may be.

n. The Allottee shall not let, sub-let, transfer, assign or part with the

48
Allottee interest, benefit of this agreement or part with the possession
of the said Apartment until all the dues, payable by the Allottee to the
Promoter under this agreement are fully paid up and only if the Allottee
has not been guilty of breach of or non-observance of any of the terms
and conditions of this Agreement and until the Allottee has intimated in
writing to the Promoter and obtain it’s no objection till the Organisation
is registered;

o. After taking possession of the said Apartment by the Allottee, the

Allottee will be responsible for safety and security of the said
Apartment and all material within the said Apartment and will not hold
Promoter or any Facility Management Services, responsible for safety
and security of the said Apartment.

p. The Allottee shall observe and perform all the rules and regulations
which the Organisation or Apex Body may adopt at its inception and
the additions, alterations or amendments thereof that may be made
from time to time for protection and maintenance of the said Building
and the said Apartment therein and for the observance and
performance of the building rules, regulations and bye-laws for the time
being of the concerned local authority and of Government and other
public bodies. The Allottee shall also observe and perform all the
stipulations and conditions laid down by the Organisation or Apex
Body regarding the occupation and use of Apartment in the said
Building and shall pay and contribute regularly and punctually towards
the taxes, expenses maintenance of the said Building and other
outgoings in accordance with the terms of this agreement or rule, bye-
law of the Organisation;

q. Till transfer of building excluding basement and podium in which

said Apartment is situated is executed, the Allottee shall permit the
Promoter and its surveyors and agents, with or without workmen and
others, at all reasonable times to enter into and upon the said
property and the said Buildings or any part thereof to verify and
examine the state and condition thereof and also for the purpose of
repairing any part of the said Building and/or the said Apartment
and/or for the purpose of repairing, maintaining, rebuilding, clearing
and keeping in order and good condition all services, lift, pumps,
drains, pipes, cables, water cover, gutter, wires and structures and
other conveniences belonging to or used for the said Building and
also for the purpose of laying down, maintaining, repairing and testing
drainage gas and water pipes and electric wires etc. and for similar
purpose and also for the purposes of cutting off the supply of water
to the said Apartment or any other Apartment in case the Allottee or

49
other Allottee shall have made any default in paying his share of water
tax.

35} Nothing contained in this Agreement is intended to be nor shall it

be construed to be a grant, demise or assignment in law or as
conferring any right upon the Allottee/s in or to the said Apartment or
any part of the said property. Such conferment will take place only in
favour of the proposed Organisation of the Allottees of all
Apartment in the said Buildings and only upon execution of a
Conveyance super structure and perpetual lease of land covered by
the plinth area of the respective building and Conveyance of all
residual part of the Said Property to the Apex Body as hereinbefore
provided.

36} RAISE FINANCE:--

The ALLOTTEE/s hereby irrevocably gives
his/her/theirconsent to the Promoter and authorise/s the Promoter for
raising any finance by way of mortgage of the said property/buildings
and/or the entire construction work put up or to be put up thereon or
any portion thereof, if, as and when so deemed necessary by the
Promoter. At any stage during the implementation of the Scheme, the
Promoter shall be at liberty to sell, assign or transfer or otherwise deal
with its right, title and interest in the said property and the buildings to
be constructed thereon provided that the same does not adversely
affect or prejudice the rights granted in favour of the ALLOTTEE/s in
respect of the said “Apartment ” agreed to be purchased by
him/her/them under the terms of this Agreement.

37} GOODS ANDSERVICE TAX/ VAT ETC. :-

a) The ALLOTTEE/s shall be liable to pay all and any other
taxes such as Sales Tax, VAT,and other Taxes as are or as may be
levied by the State or Central Government or any other Authority
before or after taking the possession of the said “Apartment ” as and
when such taxes become due and such payment shall be effected
within seven days of demand and the ALLOTTEE/s shall exclusively be
liable for any delay in payment thereof. Whereas the GOODS AND
SERVICE TAX (GST) are to be paid by the promoter as the
consideration amount is inclusive of the GST.
b) If at any time, after execution of this agreement the Central
Government / State Government / Local Authority / Revenue Authority /
any other authority / any court / Judicial authority / quasi judicial by way
of any Statute / rule / regulation / notification / order / judgment /
executive power etc. any tax / duty / charges / premium / levies / cess /
surcharge / demands / levies / welfare or any fund / betterment tax /

50
sales tax / transfer tax / turnover tax / works contract tax / service tax,
VAT, GST, penalties etc. and put in force or shall be in force
prospectively or retrospectively, in respect of the said “Apartment ” or
the construction or the said Agreement or other document registered or
the transaction herein, shall exclusively be borne and paid (and if the
same is paid by the Promoter reimbursed) by the ALLOTTEE. The
ALLOTTEE hereby agrees to indemnify and keep indemnified the
Promoter and the organization from all such levies, cost and
consequences.
c) It is agreed between the parties that the entire liability and
responsibility to pay the Service Tax, VAT, GST and duty, charge,
premium, levies, cess, surcharge, penalties etc. or any other tax,
relating to the transaction under this Agreement, shall solely be on the
ALLOTTEE/s. The Promoter shall not be liable and/or responsible for
payment thereof. In the event, however, if the Promoter is constrained
to pay any such amount the ALLOTTEE/s shall be liable to reimburse
the same to the Promoter together with penalty if any interest from the
date of its respective payment by the Promoter. It is agreed that the
Promoter shall have the right to claim such amount along with other
claims of compensation/losses /burden undergone/undertaken by it. It
is further agreed that there shall always be a charge / lien on the said
Apartment infavour of the Promoter to the extent of the amount of
demand payable by the ALLOTTEE to the Promoter towards the
Service Tax / VAT/GST and/or any other tax, duty, charge, premium,
levies, cess, surcharge, penalties etc. relating to the transaction under
this Agreement.
d) Hereto, It is further mutually agreed upon, by & between
the parties, that under no circumstances, whatsoever, any such
amounts as described & detailed in clause 25(a) (b) & (c) above, once
tax being paid (e.g. service tax, sales tax, VAT, GST etc.) by
ALLOTTEE to the Promoter/ necessary authority/ies shall be refunded
by the Promoter to the ALLOTTEE/s in case the refund is available
from the necessary authorities due to change in government policy.
The ALLOTTEE/s hereby agree/s that ALLOTTEE/s will get the said
amount refunded from the Government/ revenue authority or necessary
authority/ies by own and the Promoter will not be liable for that.

38} MEASUREMENT OF THE AREA OF THE SAID APARTMENT

:-
It is specifically agreed between the parties hereto that, in
this agreement wherever area of the said Apartment is mentioned is
carpet area. At the time of taking the possession the ALLOTTEE/s at
his/her/their own discretion shall get measured the area of the said
Apartment in light of aforesaid principle and if any difference in the

51
area is found then the consideration of the said Apartment shall be
adjusted accordingly and either Promoter or ALLOTTEE/s as the case
may be shall refund or pay the differential amount. However, if such
difference is less than 5% of the total carpet area of the Apartment
then such difference shall not be subject to the change in consideration
amount and the same shall not be taken into account. The
ALLOTTEE/s shall not be entitled to raise any complaint after the
possession is taken.
39} LIASONING AGENCY:-

The ALLOTTEE/s hereby irrevocably consents and authorise/s

the Promoter to represent him/her/them in all matters regarding
property tax assessment and reassessment before the Concerned
Authorities and all decisions taken by the Promoter in this regard shall
be binding on the ALLOTTEE/s. The Promoter may, till the transfer of
the said land and Building thereon to the Ultimate Transferee,
represent the ALLOTTEE/s and his/her/their interest and give
consents, NOC’s and do all necessary things in all departments of the
Collectorate, water, Government Department, MSEB, on behalf of the
ALLOTTEE/s and whatsoever acts, done by the Promoter on behalf of
the ALLOTTEE/s shall stand ratified and confirmed by the
ALLOTTEE/s and the same shall be binding on the ALLOTTEE/s. It is
hereby clarified that the Promoter herein shall be deemed to be a
liasoning agency for applying for all Municipal and other amenities and
services such as water, electricity, drainage etc. and the Promoter
undertakes to comply with all statutory and other requirements of the
concerned legal body or authority for the purpose. However, the
Promoter shall not be held responsible or liable for any delay or non-
performance on the part of any such legal body or authority or
MSEDCL in providing such amenities, services or facilities to the
Housing Complex on the said property or to the “Apartment ”agreed
to be sold hereunder.
40} RIGHT OF THE PROMOTER OVER UNSOLD UNITS:-
In the event of the Promoter executing Deed of
Conveyance in respect of the said land in favour of the society/
Association of Apartment Owners the Promoter shall have a right to
dispose off the remaining unsold premises/ units in the said buildings in
such manner as he think fit and the sale proceeds thereof shall belong
absolutely to the Promoter and the ALLOTTEEs of such remaining
premises/ units shall be accepted as members of such association of
apartment owners. The Promoter and or the ALLOTTEE/s in that case
shall not be required to pay any transfer fees to the society/association
of apartment owners of all the ALLOTTEEs.
41} STAMP DUTY AND REGISTRATION:-

52
a. The Allottee shall bear and pay the cost of registration and stamp
duty payable on this Agreement as also any other document/s as may
be required to be executed for duly recording the transaction hereby
envisaged. The Allottee shall present this agreement at the proper
registration office for registration within the time prescribed under the
Registration Act and shall give a proper notice in this behalf to
the Promoter whereupon the Promoter Representative will attend such
office and admit execution thereof. It is specifically made clear that
it is not responsibility of the Promoter to register this Agreement and
Allottee will not hold Promoter liable for non- registration of this
agreement and all consequences flowing from it.
b. In addition to above charges, at the time of registration of
conveyance of the said building, the Allottee shall pay to the Promoter,
the Allottees' share of stamp duty and registration charges payable, by
the said Society on such conveyance or any document or instrument of
transferof the said Building. At the time of registration of conveyance of
the said property, the Allottee shall pay to the Promoter, the Allottees'
share of stamp duty and registration charges payable, by the said
Apex Body or Federation on such conveyance or any document or
instrument of transfer in respect of the said property to be executed in
favour of the Apex Body or Federation.
c. In case of conveyance of building in favour of the Organisation
and/or Conveyance of said property in favour Apex Body as the case
may be if required to be executed before the disposal off all the
Apartments by the Promoter in said project, the Promoter shall join
in as the member of the said Organisation. As and when such
Apartments are sold, to the persons of the choice and at the
discretion of the Promoter, the Organisation and/or Apex Body
shall admit such Allottee/s as members of such Organisation without
charging any premium or any other extra payment for the same save
and except entrance fees.
d. All costs, charges and expenses including but not limited to Stamp
Duty, Registration Charges to be executed by the Promoter in respect
of any documents for transferring said property and buildings in
favour of the Organisation as well as the entire professional cost
of the Advocates of the Promoter in preparing and/or approving all
such documents shall be borne and paid by the Organisation or
proportionately by the members of such Organisation. The Promoter
shall not contribute any amount either for stamp duty, registration
charges or any other amount towards such transfer even if the
Promoter might have accepted membership of such an Organisation or
Apex Body as is envisaged inter alia by the foregoing clause.
42} BINDING EFFECT :-

53
Forwarding this Agreement to the Allottee by the Promoter does not
create a binding obligation on the part of the Promoter or the Allottee
until, firstly, the Allottee signs and delivers this Agreement with all the
schedules along with the payments due as stipulated in the Payment
Plan within 30 (thirty) days from delivery of this agreement to the
Allottee and secondly, pay stamp duty and registration charges and
appears for registration of the same before the concerned Sub-
Registrar as and when intimated by the Promoter.
43} PROVISIONS OF THIS AGREEMENT APPLICABLE TO
ALLOTTEE / SUBSEQUENT ALLOTTEES :-
It is clearly understood and so agreed by and between the Parties
hereto that all the provisions contained herein and the obligations
arising hereunder in respect of the Project shall equally be
applicable to and enforceable against any subsequent Allottees of
the Apartment, in case of a transfer, as the said obligations go
along with the Apartment for all intents and purposes.

44} METHODOF CALCULATION OF PROPORTIONATE SHARE

WHEREVER REFERRED TO IN THE AGREEMENT :-

Wherever in this Agreement it is stipulated that the Allottee has to

make any payment, in common with other Allottee(s) in Project, the
same shall be in proportion to the carpet area of the Apartment to the
total carpet area of all the Apartments in the Project.
45} FURTHER ASSURANCES :-
Both Parties agree that they shall execute, acknowledge and deliver to
the other such instruments and take such other actions, in additions to
the instruments and actions specifically provided for herein, as may be
reasonably required in order to effectuate the provisions of this
Agreement or of any transaction contemplated herein or to confirm or
perfect any right to be created or transferred hereunder or pursuant to
any such transaction and for protecting and preserving the right and
interest of the Promoter or for securing the due fulfillment of the
provision hereof on the part of Allottee. The Allottee further hereby
agree and undertake on demand to do, execute and deliver and cause
to be done, executed and delivered all acts, deeds, things, matters,
documents, letters, writings and papers as may be reasonably
required by the Promoter for further better and more perfectly
protecting or preserving the rights and interest of the Promoter or for
securing the due fulfillment of the provisions hereof on the part of
Allottee.
46} PLACE OF EXECUTION :-
e execution of this Agreement shall be complete only upon its
execution by the Promoter through its authorized signatory at the

54
Promoter’s Office and the Allottee at Pune after the Agreement is duly
executed by the Allottee and the Promoter or simultaneously with the
execution the said Agreement shall be registered at the office of the
Sub-Registrar. Hence this Agreement shall be deemed to have been
executed at Pune.
47} SERVICE OF NOTICES:-
That all notices to be served on the Allottee and the
Promoter as contemplated by this Agreement shall be deemed to
have been duly served if sent to the Allottee or the Promoter by
Registered Post A.D or notified Email ID/Spped Post at their respective
addresses specified in this agreement. It shall be the duty of the
Allottee and the Promoter to inform each other of any change in
address subsequent to the execution of thisAgreement in the above
address by Registered Post failing which all communications and
letters posted at the above address shall be deemed to have been
received by the Promoter or the Allottee, as the case may be.
48} USE OF SPACE ETC.:-

The Promoter may allow display of advertisement and/or

hoarding sites/neon signs, or may allow erection of antennae or towers
for cable/satellite television, wireless, mobile, cellular services, on the
buildings, in which the said Shop/Unit/Apartment is situated or any
other buildings/s of the said project, and the promoter alone shall
be entitled to receive all benefits (including financial) accruing thereon.

49} AGREEMENT TO SUPERSEDE:-

This agreement constitutes and represents the entire
agreements between the parties hereto with regard to the subject
matter hereof and all matters dealt with herein and cancels and
supersedes all prior arrangements, agreements or understandings, if
any whether oral or in writing between the parties hereto on the subject
matter hereof or in respect of matters dealt with herein. It is hereby
made clear that the furniture layout, colour scheme, specifications,
amenities and facilities, elevation treatment, trees, garden, lawns, etc.
shown in the pamplets, brochures, literature, films, hoardings,
websites, and other promotional media are shown only for the sake of
advertisement and the same are not binding on the Promoter to
provide unless specifically mentioned and agreed in this agreement
and subject to his right/s and discretion to make changes in the same.
The Promoter has not undertaken any responsibility nor has agreed
anything with the ALLOTTEE orally or otherwise and there is no
implied Agreement or covenant on the part of the Promoter other than
the terms and conditions expressly provided under this Agreement.

55
50} JOINT ALLOTTEES:-

That in case there are Joint Allottees all communications shall be

sent by the Promoter to the Allottee whose name appears first and
at the address given by him/her which shall for all intents and
purposes to consider as properly served on all the Allottees.
51} SEVERABILITY :-

If any provision of this Agreement shall be determined to be void

or unenforceable under the Act or the Rules and Regulations made
thereunder or under other applicable laws, such provisions of the
Agreement shall be deemed amended or deleted in so far as
reasonably inconsistent with the purpose of this Agreement and
to the extent necessary to conform to Act or the Rules and
Regulations made thereunder or the applicable law, as the case may
be, and the remaining provisions of this Agreement shall remain
valid and enforceable as applicable at the time of execution of
this Agreement.
52} DISPUTE RESOLUTION:-

Any dispute between parties shall be settled amicably. If parties fail to

settle the dispute amicably, then dispute will be referred to the Real
Estate Authority as per the provisions of the Real Estate (Regulation
and Development) Act, 2016, Rules and Regulations, thereunder.

53} GOVERNING LAW:-

That the rights and obligations of the parties under or arising out of
this Agreement shall be construed and enforced in accordance with
the laws of India for the time being in force and courts in Pune will
have the jurisdiction for this Agreement
Save as is expressly provided hereinabove, this agreement shall
always be subject to the provisions of the Maharashtra Ownership
(Regulation for Promotion of Construction, Sale, Management and
Transfer) Act, 1963 and Real Estate (Regulation and Development)
Act, 2016 and the Rules made thereunder and/or any other
enactment and/or amendment thereof.

54} STAMP DUTY AND REGISTRATION FEE:-

The Consideration of the said Apartment as agreed between the

Promoter and the ALLOTTEE/s herein and also as per the prevailing
market rate in the subject locality which is the true and fair market
value of the said Apartment is Rs.85,89,500 (Rupees Eighty Five

56
lakhs Eighty Nine Thousand Five Hundred only). This
Agreement is executed by the parties hereto under the Maharashtra
Ownership Flats Act, 1963 and /or The Maharashtra Apartment
Ownership Act, 1970 and rules made there under and ALLOTTEE/s is
/are desirous to pay the Stamp Duty for this transaction as per the
‘The Bombay Stamp Act’ for this transaction and as per The Bombay
Stamp Act, 1958, Schedule – I, Article 25[d] this transaction attracts
the Stamp Duty of Rs. 6,01,500/-. and Rs.30,000/- for Registration
Fees and Government Value of said Apartment is of Rs.73,23,838
/- The parties hereto shall be entitled to get the aforesaid Stamp
Duty adjusted, towards the total duty liveable on the conveyance/
Deed of Apartment, which is to be executed by the Promoter and the
said Owners in favour of the ALLOTTEE/s.

SCHEDULE I

[DESCRIPTION OF THE SAID PROPERTY]

All that piece and parcel of the land bearing Survey No.
32/2/2, admeasuring 00 H. 03 R i.e. 300 Sq.Mtrs., 32/2/3,
admeasuring 00 H. 1.5 R i.e. 150 Sq.Mtrs., 32/2/4, admeasuring 00 H.
1.5 R i.e. 150 Sq.Mtrs., 32/2/5, admeasuring 00 H. 03 R i.e. 300
Sq.Mtrs., 32/2/6 admeasuring 00 H. 4.6 R i.e. 460 Sq.Mtrs., 32/2/7
admeasuring 00 H. 02 R i.e. 200 Sq.Mtrs., 32/2/8 admeasuring 00
H. .75 R i.e. 75 Sq.Mtrs., 32/2/12, admeasuring 00 H. 06 R i.e. 600
Sq.Mtrs., 32/2/13 admeasuring 00 H. 20 R i.e. 2000 Sq.Mtrs., 32/2 Pia
admeasuring 00 H. 03 R i.e. 300 Sq.Mtrs. in total 00 H. 45.35 R i.e.
4535 Sq.Mtrs. of Balewadi, Taluka Haveli, District Pune,, Tal.- Haveli,
Dist.Pune, and the Sub Registrar Offices Haveli No.1 to 27 and and
situate within the limits of Pune Municipal Corporation, Pune and which
Plot of Land is bounded as under:
On or towards the East : Balance area of S No 32 2 part
On or towards the South:Truspace Prima Domus Project
On or towards the West:HiramanBalwadkar Property
On or towards the North: 30 Mtr Wide DP Road

SCHEDULE ‘II’ ABOVE REFERRED TO:

A] COMMON FACILITIES:-
1. RCC Frame Work structure of the buildings.
2. Drainage and water line net work.

57
3. Electric meters and water meter/s connected to common lights,
water connections, pump set etc.
4. Light points outside the buildings and the staircase/s as well as
those in the Common parking space.
5. One water reservoir of adequate capacity, with water pump
connected with overhead water tank.

B] RESTRICTED AREAS AND FACILITIES:-

All areas etc. which are not covered under aforesaid head
‘Common Area and Facilities are restricted areas and facilities and
promoter shall have exclusive rights to sell or transfer, convey, allot the
same in part or in full to any buyer of Shop/Unit/Apartment etc. or to
convert the Restricted Area into Common Area or vice-versa.

IN WITNESS WHEREOF the parties hereto have set and subscribed

their respective hands and sealed on the day, month and year first
hereinabove written.

ROYAL NAMOVILLE VENTURES (AOP)

Through its Partner –

1)M/s. ROYAL VASTURACHANA L.L.P.

Through its Partner –
Mr. Prafulla Sunil Ikhankar

58
2) M/s. ROYAL VASTUNIRMAN L.L.P.
through its Partner – Mr. Prafulla Sunil
Ikhankar
( Promoter)

1) Mrs. Shanta Jeeva, 2) Mrs. Sarannya Jeeva

VishwakarmA, 3) Miss. Shamiya Jeeva
Vishwakarma and 4) Mr. Sandip Dharuji
Balwadkar through their Power of Attorney
holder, ROYAL NAMOVILLE VENTURES
(AOP), Through its Partner – M/s. ROYAL
VASTURACHANA L.L.P. Through its Partner –
Mr. Prafulla Sunil Ikhankar

Mr.Harshal Sahebrao Gandhare

(ALLOTTEE)

Mr.Anirudha Sahebrao Gandhare

(ALLOTTEE)

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WITNESSES:-

1. Signature: - 2. Signature:-

Name:- Name:-

Address:- Address:-

ANNEXURE -A
CERTIFICATE OF TITLE

This is to certify that I have investigated the title of the property which is
more particularly described in the Schedule written hereunder from the
offices of Sub-Registrar Haveli from the Index II registers which were
made available to me by the Sub-Registrar Haveli for last thirty years
and have issued a Search and Title Report, dated- 07/08/2017 and
have also perused the title deeds and documents which were made
available to me by ROYAL NAMOVILLE VENTURES (AOP)and
relying upon the aforesaid documents, I hereby certify that, ROYAL
NAMOVILLE VENTURES (AOP) is the absolute owner of the
Schedule Property and that he has good marketable title towards the
same.

SCHEDULE
[DESCRIPTION OF THE SAID PROPERTY]

All that piece and parcel of the land bearing Survey No. 32/2/2,
admeasuring 00 H. 03 R i.e. 300 Sq.Mtrs., 32/2/3, admeasuring 00 H.
1.5 R i.e. 150 Sq.Mtrs., 32/2/4, admeasuring 00 H. 1.5 R i.e. 150
Sq.Mtrs., 32/2/5, admeasuring 00 H. 03 R i.e. 300 Sq.Mtrs., 32/2/6
admeasuring 00 H. 4.6 R i.e. 460 Sq.Mtrs., 32/2/7 admeasuring 00 H.
02 R i.e. 200 Sq.Mtrs., 32/2/8 admeasuring 00 H. .75 R i.e. 75
Sq.Mtrs., 32/2/12, admeasuring 00 H. 06 R i.e. 600 Sq.Mtrs., 32/2/13
admeasuring 00 H. 20 R i.e. 2000 Sq.Mtrs., 32/2 Pia admeasuring 00
H. 03 R i.e. 300 Sq.Mtrs. in total 00 H. 45.35 R i.e. 4535 Sq.Mtrs. of
Balewadi, Taluka Haveli, District Pune,, Tal.- Haveli, Dist.Pune, and
the Sub Registrar Offices Haveli No.1 to 27 and and situate within the
limits of Pune Municipal Corporation, Pune and which Plot of Land is
bounded as under:
On or towards the East : Balance area of S No 32 2 part
On or towards the South:Truspace Prima Domus Project

60
On or towards the West:HiramanBalwadkar Property
On or towards the North: 30 Mtr Wide DP Road
Sd/-
Mr. ___________
[Advocates]

ANNEXURE- ‘E’
DETAILS OF THE APARTMENT

Apartment/Flat bearing No. C-703 admeasuring a carpet area of

837.22 Sq. ft. i.e. 77.78 sq. mtrs. along with Balcony admeasuring
24.43 Sq. ft. i.e. 2.27 sq. mtrs. and Dry Balcony admeasuring 64.58
Sq. ft. i.e. 6.00 sq. mtrs. on the Seventh Floor in ‘C Wing’ in the
building known as “NAMOVILLE” being constructed on the said
property more particularly described in the ‘Schedule- I’ written
herein above.

NOTE:-

The Apartment is delineated in Colour.

Color Boundary line on the plan annexed hereto as Annexure- C

DECLARATION:-

The ALLOTTEE/s declare that he/she/they has/have read

the agreement/got translated the same and fully aware of the contents
therein and thereafter same have been executed by all parties.

Mr.Harshal Sahebrao Gandhare

(ALLOTTEE)

Mr.Anirudha Sahebrao Gandhare

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 ANNEXURE – F
FACILITIES & SPECIFICATIONS

RCC RCC Structure of Superior Quality designed

Total Structure by Licensed RCC Designer.
FLOORING
Living/Dining & Entrance Lobby
Kitchen Vitrified designer tiles Vitrified Tiles –
All Bedrooms Satin Finish. vitrified tiles for all other
Dry Balcony bedrooms Anti-skid Ceramic Tiles
Anti-skid ceramic designer tiles
Terrace
Design pattern with vitrified tiles
Entrance lobby
TOILETS
Flooring & Dado Dado & Flooring - colored designer
tiles
CP Fittings (single Lever) Jaquar-Florentine / Equivalent sanitary
Sanitary ware fittings in all toilets
False ceiling Parry ware Equivalent make Sanitary wares,
Provision for geysers & Exhaust Fan in all toilets
False ceiling in all toilets
DOORS & WINDOWS ,
FABRICATION Large size designer doors
Main Door Molded door panel with door skin
Internal Doors Powder coated Aluminum sliding
Windows
windows
M.S. Fabricated Railings, Windows
Staircase & Terrace Railing Grills, M.S.French Door – Powder
Coated for Terrace.
KITCHEN
Kitchen Platform – Modular type Granite top Kitchen Platform,
S.S sink, Ceramic /Glazed designer tile above
kitchen platform
INTERNAL ELECTRIFICATION
Switches
TV points Modular sockets , switches
Telephone & Internet Provision in living & master bedroom
connectivity Provision in M. bed rooms
PLUMBING
Type Concealed Corrosion Resistance Plumbing
with renowned fixtures & fittings
WALL FINISHES Interior Gypsum finished walls

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