Draft of agreement

 1} CONSTRUCTION: - The Promoter herein has obtained sanction to the building plan/s in respect of the buildings which are under construction or to be constructed on the said property and the Promoter herein shall continue to construct and complete the construction of the building/s 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 building construction rules and regulations of the Local Authority. The approved plan has been seen and approved by the Purchaser/s subject to such alterations and modifications as the Promoter in its 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 Purchaser/s hereby agrees and gives his / her / their irrevocable 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 Purchaser if such alterations and modifications adversely affect the carpet area of the said unit of the purchaser. The Promoter has made the purchaser/s aware and the purchaser/s hereby gives 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 buildings, open space, internal roads, position of dust bins, transformer plinths, plumbing stations etc. adding new floors/buildings etc of the said land 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 sign all plans, without in any manner making the Purchaser liable for any costs and affecting his/her/their interest.

3} CONSIDERATION OF THE ACCOMMODATION:- Relying upon the Purchaser/s representation and the assurance, the Promoter herein has agreed to sell and the Purchaser/s herein has/have agreed to purchase the Flat No. # admeasuring a carpet area of ZZZ sq. ft. alongwith adjacent terrace admeasuring an area YYY sq. ft. situated on the 7th floor in Building No. “X” in ____________ building of Phase ___ in the scheme known as ““Building Name”” along with the appurtenances thereto and the said Flat along with appurtenance thereto is more particularly described in the Annexure–E annexed hereto and is hereinafter for the aforesaid premises referred to or called as

„The Said Accommodation‟ at or for total consideration of Rs. “Agreement Cost”/- [In words Only] including the price for the proportionate share in the said property subject to the encumbrances of restricted areas and facilities, but excluding all expenses of Stamp Duty, registration fees and government fees which shall be borne and paid by the Purchaser/s alone. In addition to the stamp duty and registration charges, the Purchaser/s shall bear and pay the following “Non Refundable “One Time, expenses /costs/charges/taxes/etc as and when demanded by the developer within 15 days of issuance of the demand letter:- i] Rs. XXX/- for the legal charges, consultant fees, title search, sale agreement execution, typing, paging and franking fees, notary and advocate fees, incidental expenses and registration of association of apartment owners i.e. the Ultimate Body, share money and association application entrance fee to be paid at the time of execution of sale agreement in favour of “Building Name” A/c No. $$. ii] Rs XXX/- towards development and infrastructure development to be paid at the time of execution of sale agreement in favor of “Building Name” A/C No $$. iii] Rs. XXX/- for the M.S.E.B. meter deposit, transformer charges, common meter installation charges and misc. expenses etc to be paid in favor of “Building Name” A/C No $$ at the time of plinth installment payment. iv] Rs. XXX/- annual common maintenance charges to be paid at the time of possession in favor of “Building Name” A/C No $$ as per terms and conditions of clause 20. v] Non-Refundable Service Tax, Sales tax, MVAT, etc in installments as per payment schedule in clause 4. vi] Any other taxes, duties, levies etc in whatsoever name & manner, as & when imposed, prescribed & levied by the Government, Statutory or Local Bodies, to be borne by „The Purchaser/s‟, at the prescribed rates, & on the specified amount‟s as applicable & implemented per the statute, from time to time, prior to & during the course of execution of this Agreement, till the date of transfer of ownership vide the registered Sale Deed. As further elaborated vide Clause No.24 (a) (b) & (c) respectively. The nature, extent and descripttion 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 Accommodation which are more particularly described in the Annexure–F annexed hereto.

 

4} PAYMENT IN INSTALLMENTS :--

 

 

(c) The sale of the said accommodation 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 commencement certificate issued in relation to the said building will be available to the Promoter before or after formation of Association of Apartment Owners 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 they 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 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 to any other person subject to the terms of the Joint Venture Agreement. 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 Purchaser/s hereby agree and gives 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 its 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 Promoter shall have to inform in writing to the Purchaser if such alterations and modifications adversely affect the said “Unit” of the Purchaser.

7} DISCLOSURE AND INVESTIGATION OF MARKETABLE TITLE:- The Purchaser/s hereby declare/s that before the execution of these agreement, the Promoter has made full and complete disclosure and the Purchaser/s has/have taken full and free inspection of, inter alia the following :- (a) Nature of the title of the owners, and 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 Purchaser/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 Purchaser/s nature of its right to construct building/s. (b) All the plans and specifications sanctioned by the “Name” Municipal Corporation in respect of the building in which the said accommodation 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 accommodation 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 accommodation hereby agreed to be sold is situated.

(e) The various amounts that are to be paid, inter alia, towards the ground rent, revenue assessment and other taxes and water and electric charges, including water deposit and electricity deposits as are applicable for the time being in force. It is clarified, agreed and confirmed by and between the Promoters hereby that all the rights, benefits, liabilities and obligations of the Promoters shall be governed by their Joint Venture Agreement dated DD/MM/2011. The Purchaser/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 Purchaser/s, with full knowledge thereof, has/have entered into this agreement. The Purchaser/s hereinafter shall not be entitled to challenge or question the title of the owners and the right of the Developer 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 ”Building Name”. The Purchaser/s or other tenement holders in the building or its successors are not entitled to change the aforesaid building name in any circumstances. And title to the ”Building Name” is to be passed being a condominium of Apartment owners under the provisions of the Maharashtra Apartment Ownership Act 1970. This condition is essential condition of this Agreement.

 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 Purchaser/s to pay the same on due dates, it shall be deemed that the Purchaser/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} INTEREST ON UNPAID DUE AMOUNT:- Without prejudice to the right of the Promoter to take action of breach arising out of the delay in the payment of the installments on the due dates the Purchaser/s shall be bound and liable to pay interest @ 18% per annum, on all the amounts which become due and payable by the Purchaser/s to the Promoter till the date of actual payment, provided that tender of the principal amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the Promoter under this agreement nor shall it be construed as condonation of the delay in payments by the Promoter against delay by the Purchaser/s.

Default by the Purchaser/s in payment of any amounts due and payable or on the Purchaser/s committing breach of any of the terms and conditions herein contained, the Promoter shall be entitled at its discretion to terminate this Agreement PROVIDED HOWEVER that the rights of termination under this Agreement shall not be exercised unless the Promoter has given to the Purchaser/s fifteen day prior notice in writing of its intention to terminate the Agreement and of the specific breaches of terms and conditions in respect of which it is intended to terminate the Agreement and default shall have been made by the Purchaser/s in remedying such breaches within fifteen days of receiving such Notice delivered under R.P.A.D./ Certificate of Posting on the

address herein mentioned of the Purchaser/s. After a period of fifteen days from the date of this notice, if even part of the dues remains unpaid, the Agreement shall be terminated and the Purchaser/s has irrevocably agreed to the same. The Purchaser/s is/are also made aware that depending upon various assurances given by the Purchaser/s under this Agreement or otherwise, the Promoter has incurred and shall incur expenditure and will make commitments to the third parties and in view thereof from and out of the amount until then paid by the Purchaser to the Promoter and the Promoter shall be, in the event of cancellation of the Agreement by the Purchaser/s for any reason whatsoever, entitled to, in addition to and without prejudice to other remedies and rights towards reimbursements and damages, on account of loss, hardship and work as may be affected. In this case reduction in price of the ¡°Accommodation¡± will be considered as damages/loss of the Promoter in addition to the loss and expenses. In the event however that the price appreciates, the appreciation shall be to the account of the Promoter alone. This is in lieu of the fact that the Purchaser/s will not have paid the entire consideration, and further that the cancellation is by the Purchaser.s / due to the fault of the Purchaser/s and he/she/they cannot be rewarded for the same. Therefore in the event of this Agreement being cancelled by the Purchaser for any reason whatsoever, and / or having been terminated, the Promoter shall be entitled to forfeit and appropriate a minimum amount of 10% of the total consideration of the said accommodation agreement to cover opportunity lost and towards administrative and other expenses, which sum shall be forfeited by the Promoter , out of the total agreed consideration, from and out of the amount until then paid by the Purchaser/s to the Promoter and the aforesaid balance amount shall be paid by the Promoter to the Purchaser/s without interest after the resale of the said accommodation. On termination/ rescission/cancellation of these presents, the Promoter shall be entitled to resale and/or dispose off or otherwise alienate the said premises in any manner to any third party as the Promoter in its absolute and sole discretion thinks fit. The Purchaser/s agree to the same. The Purchaser/s shall have no claim except for repayment of the amount payable as mentioned above. The Purchaser/s hereby agree that in that event all his/her/their rights in the said premises stand extinguished. No separate cancellation deed, its execution and registration will be required. The aforesaid termination of the said Agreement shall be without prejudice to any other rights, remedies and claims whatsoever in law or under this Agreement of the Promoter against the Purchaser/s.

 

12} SPECIFICATIONS AND AMENITIES :-

The specifications of the said accommodation and fixtures, fittings, and amenities to be provided by the Promoter to the said accommodation or to the said building 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 Purchaser/s in the said accommodation, and/or the Purchaser/s request the Promoter to make any changes in the internal plan of the said accommodation or in the fixtures or amenities to be provided therein, the Purchaser/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 building 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 Purchaser/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 “Accommodation” and for handing over possession thereof to the Purchaser/s under the terms hereof on account of such additional work to be undertaken by the Promoter in respect of the said “Accommodation”. The Purchaser 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 Purchasers.

 13} DELIVERY OF POSSESSION :- The Promoter herein shall complete the construction of the said accommodation in all respects within a period of 24 months from the date of execution of this agreement. After completion of construction in all respects of the said accommodation the Promoter herein shall inform in writing to the Purchaser/s that the said accommodation is ready for use and occupation and on receipt of such letter the Purchaser/s herein shall inspect the said accommodation in all respects and get satisfied according to the terms and conditions of this agreement. After Purchaser/s has/have satisfied himself/ herself/ themselves as aforesaid, at his/ her/their request the Promoter herein shall give the possession of the said accommodation to the Purchaser/s on payment of all dues payable by the Purchaser/s, and the Purchaser/s herein has/have not committed any default in payment of consideration in installment on due date to the Promoter in pursuance of these presents. The purchaser has to pay the Municipal taxes from the day of occupation certificate from PCMC irrespective of date of possession. Provided that the Promoter herein shall be entitled to reasonable extension of time for completing the construction of the said accommodation in all respects on the aforesaid date, if the completion of the construction of the building in which the accommodation is situated is delayed on account of --- i] Non-availability of steel, cement, other building materials, water or electric supply. ii] War, Civil commotion or act of God. iii] Any notice, order, rule, notification of the Government, Collector or any disputes or matters relating to the property pending final determination by the Courts or any other authorities. iv] Changes in any Rules, Regulations and Bye-laws of various statutory bodies and authorities from time to time then affecting the development and the project. v] Delay in grant of any NOC/permission/licensee connection/ installation of any services such as lifts, electricity a water connections and meters to the scheme /unit, road NOC from appropriate authority. vi] Delay or default in payment of dues by the unit purchaser under these presents [without prejudice to the right of promoter to terminate this Agreement under Clause- 10 above] vii] Any act beyond the control of the promoter. It is further agreed between the parties hereto that, after receiving the possession of the said accommodation by the Purchaser/s in pursuance of this clause the Purchaser/s herein shall not be entitled to raise any objection or to demand any amount under whatsoever ground from the Promoter or herein.

 

14} DEFECT LIABILITY :- The Purchaser/s herein shall take the possession of the said accommodation within seven days from the date of the Promoter giving written intimation to the Purchaser/s herein intimating that, the said accommodation is ready for use and occupation. If within a period as per law from the date of obtaining the Completion Certificate from the “NAME” Municipal Corporation the Purchaser/s brings to the notice of the Promoter any structural defect in the said Accommodation or the building/s in which the said Accommodation is situated or the material used thereon or any unauthorized change in the construction of the said accommodation or area of the said accommodation is reduced more than 5% then wherever possible such defect/s or unauthorized changes shall be rectified by the Promoter at its own cost and in case it is not possible to rectify such defects or unauthorized changes then the Purchaser/s shall be only entitled to receive from the Promoter reasonable compensation for such defect or change . Provided further that it is agreed that the defect liability period shall be deemed to have commenced from the date obtaining the Completion Certificate or from the date on which the Promoter has given the necessary intimation in writing under this agreement by Promoter to the Purchaser/s to take the possession, whichever is earlier. Provided further that the Purchaser/s shall not without the prior consent of the Promoter carry out any alterations of whatsoever nature in the said “Accommodation” or make any alterations in any of the RCC structure, fittings, pipes, water supply connections or any other erection in the bathroom, kitchen, toilet, WC, terrace, etc. If any of such works are carried out or any heavy load are stored in the said “Accommodation”, balcony, terrace etc., any liability including the defect liability automatically shall become void & and Purchaser/s shall be liable to pay all costs and damages towards restoration, repairs etc. arising from such unauthorised works.. The Promoter shall be absolved from any liability in case any addition and/or alteration to the “Accommodation”/building is done by the Purchaser/s, any damage to the building by accident, any tampering with the geometrical sections of the building, lack of maintenance by the purchasers/ association, any event of force majeure and any act of God ,, If due to the Purchaser or any other Purchaser/s act or negligence, the Purchaser/s “Accommodation” is damaged, the repairs shall be carried out by the party responsible for such an act and the Promoter shall not be liable for the same. Specific risks and rewards of ownership and effective control of “Accommodation” shall be deemed to have been transferred on delivery of possession. The word defect here means only manufacturing defect/s caused on account of willful neglect on the part of the Promoter and shall not mean defect/s caused by normal wear and tear, negligent use of accommodation by the occupants, vagaries of nature etc. defect/s in fittings and fixtures are not included therein.

 15} USE OF THE SAID ACCOMMODATION :- The Purchaser/s shall use the said Accommodation or any part thereof or permit the same to be used only for residential purpose as shown in the sanctioned plan, provided none of the accommodation holder or present Purchaser of said accommodation is / are entitled to use or allow to be used the said accommodation for pub, bar, massage centre, club house, temporary lodge, gambling centre or any other illegal purpose. He/ She / They shall use the allotted or common parking space only for the purpose for keeping or parking the Purchaser/s own vehicle, as the case may be.

16} SPECIAL COVENANT AS TO THE ALTERATION AND SCHEME:- a) The Promoter herein has specifically informed to the Purchaser/s and the Purchaser/s herein is/are also well aware that, the Promoter herein is developing the scheme with intention to have the homogeneity in the scheme as to landscaping, height and elevation of the building/s, outer colour scheme, terraces, windows and grills etc. and hence the Purchaser/s or any owner or occupier of the tenement/s in the building/s /wing/s 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 Purchaser/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 accommodation to the Purchaser/s herein on ownership basis, subject to the terms and condition of this Agreement. b) In ““Building Name”” 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 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.

 17} FORMATION OF ORGANISATION OF TENEMENT HOLDERS IN THE BUILDING /S :- The Promoter intends to develop the said property in phase wise manner. Upon completion of construction work of entire project and entire phases, the Promoter will form an Association of Apartment of all the tenement Purchaser/s as per the provisions of Maharashtra Apartment Ownership Act, 1970 by executing Deed of Declaration to that effect as per the provisions of the said Act and also to register the same. Upon execution and registration of Deed of Declaration, the Promoter will submit the said property alongwith the buildings standing thereupon to the provisions of Maharashtra Apartment Ownership Act, 1970. The Promoter has decided to form Association of Apartment Owners and not to form a co-operative housing society and the Purchaser/s has accepted the same. The Promoter may submit one or couple of buildings to the provisions of the said Act by executing Deed of Declaration and may form separate association for each building or certain buildings together and the Purchaser/s herein shall not raise any objection to the same. It shall be the sole discretion of the Promoter whether to form one single organization of tenement purchasers of all the building of the entire project or to form separate organization for each building or a couple of buildings and the Purchaser/s shall not raise any objection for the same. The Purchaser/s shall not object and give his/her/their consent for changes or modifications in the draft of bye–laws, or the memorandum and/or the Articles of Association, if the same are required to be made by the Promoter as per their commitments to various Purchaser/s and /or any other competent authorities as the case may be. This condition is the essence of the agreement.

 

 

 

 

agreed to be acquired by the purchaser/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 promoters under this clause or to assign the right and benefit hereby given to any other person. Such nominees or assigns shall be admitted in the Association of Apartment Owners in the same manner as the promoter admits the purchaser/s of the unit/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 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 they choose. The Purchaser/s hereby confirm 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 accommodation and for the building/s in the project known as ¡°”Building Name”¡±, hence the Purchaser/ 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 Purchaser/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 building as to the R.C.C. frame work, concealed wiring load, neither Purchaser/s nor occupier of the said accommodation or any person on behalf of the Purchaser 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 Purchaser/s herein undertake to abide the same. K. The Promoter herein by spending huge amount has made high quality external elevation for ¡°”Building Name”¡± project and to have such external look forever, the Promoter herein has specifically informed to the Purchaser/s herein that, any buyer of the any accommodation in the building 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 unit shall not be on external elevation. The Purchaser/s herein undertake to abide this condition and if any owner or occupier of any accommodation in the building committed breach of this condition the Promoter shall have absolute right and authority to close such openings if any and revoke the cost incurred for the same with interest form the such owner and occupier of the accommodation.

L. The Promoter herein has specifically informed to the Purchaser/s that, with aspect to water proofing in the project the guarantee stands automatically extinguished for the accommodation, if any owner or occupier of such accommodation in the building/s / wing/s chisels the aforesaid works in any manner. Considering this aspect the Purchaser/s

herein undertake not to chisel the aforesaid work in any manner, which will cause the reason to cancel the aforesaid guarantee. M. The Purchaser/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 accommodation without the prior written permission of the Promoter and subject to the sanction to be obtained from the “NAME”Municipal Corporation/ concerned authority as per prevalent law.

 

23} COVENANTS AS TO THE USE AND MAINTENANCE OF THE SAID ACCOMMODATION ETC. :- The Purchaser/s himself/ herself/ themselves with intention to bring all persons into whosoever hands the said Accommodation may come, doth hereby covenant with, the. Promoter as follows for the said accommodation and also for the building in which the said Accommodation is situated. a] To maintain the said accommodation at the Purchaser/s own cost in good tenantable repair and condition from the date of possession of the said accommodation is taken and shall not do or cause to be done anything in or to the said accommodation or the building in which the said accommodation is situated and in or to the said accommodation itself or any part thereof. b] Not to store in/outside the said accommodation/building surrounding area any goods which are of hazardous, combustible or dangerous nature or are too heavy as to damage the construction or structure or the building 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 building including entrances of the building and in case of any damage is caused to the building in which the said accommodation is situated on account of negligence or default of the Purchaser/s in this behalf, the Purchaser/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 accommodation and maintain the said accommodation 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 Purchaser/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 Purchaser/s committing any act in contravention of the above provisions, the Purchaser/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 Accommodation or any part thereof and not to make any addition or alteration in the elevation and outside colour scheme of the building 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 building 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 Accommodation 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 building 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 accommodation in the compound or any portion of the said property and building. 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 Purchaser/s shall use the said accommodation only for residential purpose as per the sanctioned plan. i] The Purchaser/s shall not let, sub-let, transfer, assign, give on lease, license or part with Purchaser/s interest or benefit factor under this agreement or part with the possession of the said accommodation until all the dues payable by the Purchaser/s to the Promoter under this agreement are fully paid up and only if the Purchaser/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 Purchaser/s has /have intimated in writing to the Promoter and obtained written consent thereof. j] The Purchaser/s shall observe and perform all the rules and regulations which the Association of Apartment Owners ay 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 building and the Accommodation therein and for the observance and performance of the building rules and regulations and bye-laws for the time being of the concerned local authority and the Government and other Public bodies. The Purchaser/s shall observe and perform all the stipulations laid down by the Deed of Declaration. Regarding the occupation and use of the Accommodation in the building 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. k] Till the Deed of Declaration and Conveyance of the said accommodation is executed, the Purchaser/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 Accommodation and the said property and building/s or any part thereof to view and examine the state and conditions thereof.

 

24} RAISE FINANCE :-- The Purchaser/s hereby irrevocably gives his/her/their consent to the Promoter and authorise/s the Promoter for raising any finance by way of mortgage of the said land/Buildings and/or the entire construction work put up or to be put up thereon or any portion thereof (excluding the said Accommodation), if, as and when so deemed necessary by the Promoter. At any stage during the implementation of the Scheme, subject to the terms of the Joint Venture Agreement, the Promoter shall be at liberty to sell, assign or transfer or otherwise deal with its right, title and interest in the said land and the buildings to be constructed thereon provided that the same does not adversely affect or prejudice the rights granted in favour of the Purchaser/s in respect of the said “Accommodation¡”agreed to be purchased by him/her/them under the terms of this Agreement.

 

It is specifically agreed between the parties hereto that, in this agreement wherever area of the said accommodation is mentioned is carpet area. At the time of taking the possession the Purchaser/s at his/her/their own discretion shall get measured the area of the said accommodation in light of aforesaid principle and if any difference in the area is found then the consideration of the said accommodation shall be adjusted accordingly and either Promoter or Purchaser/s as the case may be shall refund or pay the differential amount. However, if such difference is less than 3% of the total carpet area of the accommodation then such difference shall not be subject to the change in consideration amount and the same shall not be taken into account. The Purchaser/s shall not be entitled to raise any complaint after the possession is taken.

 

 

 

 

 

All notices to be served on the Purchaser/s as contemplated by this agreement shall be deemed to have been duly served if sent to the Purchaser/s by R.P.A.D./ under certificate of posting at his/ her/ their address/es specified in the title of this agreement or at the address intimated in writing by the Purchaser/s after execution of this Agreement.