AGREEMENT For SALE - Draft (Belgravia) - Final Ammended 25-03-2023
AGREEMENT For SALE - Draft (Belgravia) - Final Ammended 25-03-2023
by and between
AFFINITY BUILDTECH
(“PROMOTER”)
and
This Agreement for Sale (“Agreement”) executed on this 09th day of April, 2025 (“Effective Date”)
at Zirakpur.
By and Between
M/S Affinity Buildtech,a partnership firm registered under the Indian Partnership Act, 1932,
(Central Act 9 of 1932) , having its principal place of business at SCO 02, Near Hotel Shagun, Kalka
Road, Baltana Zirakpur (PAN No. ABUFA4665Q), represented by its authorized Mr. Rohit Bansal S/O
Sh. Jawahar Lal (Aadhaar :- 5160 0452 4269) hereinafter referred to as the “Promoter” (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean and
include its successors-in-interest, executors, administrators and permitted assignees, including
those of the respective partners), PARTY HERETO OF THE FIRST PART:
AND
Mr. Gaurav Kumar S/o Sh. Ravinder Kumar (Aadhar no. 758754164167 ) (Pan BRJPK2015C)
residing at House No-696, Sector-07, Panchkula, Distt-Panchkula,Haryana-134109 & Mrs. Neha
Abrol W/o Mr. Gaurav Kumar (Aadhar no. 404778759791) (Pan AFBPA6503Q) residing at Flat No
C503, Mona Green, VIP Road, Opposite Dominos Pizza, Zirakpur, Distt-SAS Nagar, Mohali, Punjab-
140603 hereinafter called the “Allottee” (which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include his/her heirs, executors, administrators,
successors-in-interest and permitted assignees).
The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and
individually as a “Party”.
WHEREAS:
A. The Party of the First Part is the absolute and lawful owner of the Khasra numbers 1046(4-
0),1049(4-0),1050(0-16),1051(2-10), 1060(4-0), 1061(4-0), 1066(4-14), 1067(4-0), 1068(2-8),
1069(5-9), 1070(4-0), 1405/1071(4-2), 1408/1072(2-0), 1409/1076(2-0), 2207/1044(1-11),
2209/1047(0-14), 2211/1048(0-14), 2213/1052(0-13-10), 2215/1057(1-8), 2217/1062(1-8),
2219/1065(1-8), pieces 21, vide Khewat/khatoni no. 4/5 and Khasra number 1045(3-1) pieces
01, vide khewat/khatoni no. 8/9, Hence Total Land measuring 58 Bigha 16 Biswa 10
Biswasivide Document Nos. 2021-22/13/1/4981 dated 29/07/2021, 2021-22/13/1/4982
dated 29/07/2021, 2021-22/13/1/4983 dated 29/07/2021, 2021-22/13/1/4994 dated
03/08/2021, 2021-22/13/1/4993 dated 03/08/2021, 2021-22/13/1/4995 dated 03/08/2021,
2021-22/13/1/13011 dated 03/02/2022, 2021-22/13/1/15106 dated 21/03/2022, 2022-
23/13/1/2591 dated 18/05/2022, 2022-23/13/1/3192 dated 31/05/2022, 2022-
23/13/1/3937 dated 28/06/2022, 2022-23/13/1/5080 dated 25/07/2022, 2022-
23/13/1/8897 dated 11/11/2022, 2022-23/13/1/7189 dated 19/09/2022, registered at the
office of the Sub-Registrar Zirakpur. Thus, the Total Land for the Project admeasuring 58
Bigha 16 Biswa 10 Biswasi at village Chatt, Hadbast No 286, Sub-Tehsil Zirakpur, Tehsil Dera
Bassi, Distt S.A.S Nagar Mohali hereunder and hereinafter referred to as the “Property”;
B. The Promoter has envisaged a scheme for the mixed-use development of the Property by the
construction thereon of a multi-storied residential apartment complex and commercial
C. The Allottee has fully satisfied himself about exclusive, irrevocable, and unequivocal right of
the Promoter to develop, construct, launch, market, and sell in whole or in part etc., the said
Project as well as the approvals/consents/ license granted by the Authority as required and
the competency of the Promoter. The Allottee has done due diligence on the associated
rights, capabilities, and ability of the Promoter to develop the said Complex. The Allottee
understood all the limitations and obligations of the Promoter with respect to the same as
well as provision of external and social infrastructure limitation of the Promoter.
D. The Allottee understands and acknowledges that the Promoter shall carry out the internal
development within the said Complex only, which inter alia, includes laying of roads, water
lines, sewer lines, electrical lines etc., however, it is understood that external linkages for
these services beyond the periphery of the said Complex and/or the Project, such as water
lines, sewer lines, storm water drains, roads, electricity, horticulture and other such integral
services are to be provided by the State Government and/or the local authorities and the
Promoter would not be liable for delay in or non-providing of such external linkage to the
Complex/Project on the part of State Government and/or the local authorities.
E. The Allottee after fully satisfying himself about the right, title, location, possession, interest,
competency, and limitations of the Promoter in the said Land/Said Complex has shown
interest in the Said Complex and had approached the Promoter for provisional registration
for allotment of a residential apartment in the said Complex.
F. The Municipal Council Zirakpur SAS Nagar has granted the building permit license for the
project i.e., commencement certificate to develop the project vide approval dated
05/09/2022 bearing number 999.
G. The Promoter has got registered the project under the provisions of the act with the Real
Estate Regulatory Authority Punjab on 14/03/2023 under registration PBRERA-SAS79-PR0844
I. The Allottee acknowledge, understand, and agree that the proportionate share/right in
common area and facilities will be limited only to the said Complex and the Allottee does not
have any such right in common areas and facilities in the remaining residential and or
commercial development or the remaining area of the Project Land.
J. The Allottee further acknowledge, understand, and agree that timely payments of the
installments as may be demanded by the Promoter towards payment of the Total Price shall
K. The Allottee has demanded from the Promoter and the Promoter has allowed the Allottee to
inspect all records relating to the rights and title of the Promoter to construct, market, sell
and convey the interest agreed to be transferred hereunder in the said Complex and various
approvals granted by the competent authorities in favor of the Promoter, sanctioned layout
plan and building plans, which are tentative and subject to revision. The Allottee has
confirmed that it is fully satisfied in all respects, with regard to the right, title, and interest of
the Promoter in the said Complex and there shall be no re-investigation/ objections by it in
this regard. Further more, the Allottee understands that by executing this Agreement, it
would be deemed that the Allottee has completed its due diligence to its entire satisfaction,
including, inter alia, in respect of the representations made by the Promoter. The Allottee
acknowledges and agrees that the Promoter shall be free in its absolute discretion, as and
when it deems fit, to construct additional residential group housing/commercial part of the
said Project, subject to the license terms, and the Allottee shall have no objection of
whatsoever nature in this regard.
L. The Allottee acknowledges and understands that the Allottee has physically inspected the
site of the said Complex and have understood and satisfied itself in all respects about the
location, the right, title, interest, size, price, infrastructure, status, local conditions and
environment or government regulations, availability of finance and interest rates, market
conditions, ability to make timely payments etc. in while entering into this Agreement for
purchase of the said Apartment and have not relied upon any advertisements,
representations, promises or any other information, verbal representation and assurances,
warranties, statements or estimates of any nature whatsoever made by real estate
agents/brokers or otherwise including but not limited to any visual or oral representations
relating to the description, location or physical condition of the said Complex/ said
Apartment under any influence or coercion of any nature.
M. The Parties have gone through all the terms and conditions of this Agreement and
understood the mutual rights and obligations detailed herein.
N. The Allottee acknowledges, agrees, and undertakes to bear all expenses towards stamp duty,
registration charges, other ancillary charges etc. towards the execution and registration of
this Agreement.
O. 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.
P. In accordance with the terms and conditions of 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 Apartment as specified hereinabove.
1. DEFINITIONS:
For the purpose of this Agreement for Sale, unless the context otherwise requires:
a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016) and as
amended from time to time;
b) “Agreement” or “Agreement for Sale” shall mean the present Agreement for Sale, being
executed between the Allottee and the Promoter;
c) “Carpet Area” shall have the meaning as set forth in the Agreement;
d) “Residential Unit/ Commercial Unit” shall mean the unit in the Project with details already
mentioned hereinabove in this agreement.
e) “Common Areas and Facilities” means such common areas and facilities within the Project,
earmarked for common use of all the Allottee(s)
f) “Force Majeure” means any event or combination of events or circumstances beyond the
control of the Promoter which cannot (a) by the exercise of reasonable diligence, or (b)
despite the adoption of reasonable precaution and/or alternative measures, be prevented,
or caused to be prevented, and which adversely affects the Promoter’s ability to perform
obligations under this Agreement, which shall include but not be limited to:
acts of God i.e., fire, drought, flood, earthquake, epidemics, natural disasters;
any event or circumstances analogous to the foregoing
any legislation, order or rule or regulation made or issued by the Govt. or any other
authority or if any competent authority(ies) refuses, delays, withholds, denies the
grant of necessary approvals for the Said Land/ Said Project or if any matters, issues
relating to such approvals, permissions, notices, notifications by the competent
authority (ies) become subject matter of any suit / writ before a competent court or;
for any reason whatsoever;
explosions or accidents, air crashes and shipwrecks, act of terrorism;
lockdown, epidemic, pandemic;
non-availability of cement, steel, or other construction material due to strikes of
manufacturers, suppliers, transporters, or other intermediaries or due to any reason
whatsoever;
strikes or lock outs, industrial dispute;
the promulgation of or amendment in any law, rule or regulation or the issue of any
injunction, court order or direction from any governmental authority that prevents
or restricts a party from complying with any or all the terms and conditions as
agreed in this Agreement; or
war and hostilities of war, riots, bandh, act of terrorism or civil commotion;
sabotage by persons other than the contractors’ personnel.
i) “Payment Plan” shall have the meaning as set forth in the Agreement and set under
Annexure- C;
j) “Possession Date” shall have the meaning as set forth in the Agreement;
k) “Possession Notice” shall have the meaning as set forth in the Agreement;
m) “Regulations” means the Regulations made under the Real Estate (Regulation and
Development) Act, 2016 or as amended from time to time;
n) “Rules” means the Real Estate (Regulation and Development) Rules, 2017 for the State of
Punjab
p) “Services” shall mean the facilities provided by the Maintenance Agency in accordance with
the terms of the Maintenance Agreement;
q) “Taxes and Cess” shall mean any and all taxes payable by the Promoter and/or its
contractors (including subcontractors), suppliers, consultants, etc., in connection with the
construction of the Project, now or in future or any increase thereof;
r) 'Total super area' shall mean and include the covered area, inclusive of the area enclosed by
the periphery walls, area under the columns, semi built walls, half of the area of walls
common with other premises, area utilized for the Services viz. area under staircases,
circulation area, lifts, shafts, passages, corridors, lobbies and refuge areas, common toilets,
security rooms, staff shelters, machine rooms, all electrical, plumbing and fire shafts, power
back up, generator room, pump room, fire tank, hydrants, BMS Services and pantries or any
other areas which have been paid for or constructed by the Promoter and handed over to
association of apartment owners forever for common use and have been calculated and
computed in fixing Total saleable area of the Apartment but excluding all/any areas retained
as assets of the Promoter, not calculated in the computation of Total saleable area while
fixing the total price and deciding about Total saleable area under this Agreement. If any
time in future, the Allottee/any association of apartment owners wants to take over any of
such retained assets of the Promoter for self-use and enjoyment or requirement, it will be
taken or included on mutually negotiated terms of settlement/ sale/
possession/lease/license etc. under a written arrangement only;
2. TERMS.
2.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to
sell to the Allottee and the Allottee hereby agrees to purchase the said Apartment along
2.2 The Total Price payable for the Unit and Unit Details are as described below:-
Unit no 2202
Floor 22
The Allottee has paid the under mentioned amount for purchase of the said Unit to the Promoter
towards Booking Amount:
(i) The Allottee understands that Total Price shall include cost of Apartment, cost of pro rata
common areas and common facilities, Preferential Location Charge (PLC), Floor Premium
Charges (FPC), GST, IFMS, and any other charges as may be specified in this Agreement. Any
increase thereof as well as any other amount paid/payable by the Promoter to the
government or any authority not elsewhere specified in this Agreement for Sale in connection
with the construction of the said Apartment/said Complex, in future and/or any increase
thereof and the incidence of which is paid/payable by the Promoter shall however be
recovered from/ borne ultimately by the Allottee on pro rata basis of carpet area as and when
demanded.
(ii) The Total Price mentioned above is inclusive of cost of carrying out of internal development
works comprising of construction of internal roads and footpaths, drains, fixing poles and
making provision for electrification of street lighting, laying of pipes and water supply,
sewerage line and providing road side horticulture, development of parks etc. but does not
include the individual electric, water, sewerage connection charges, solar geyser, solar
heating, solar lighting and registration charges, stamp duty, documentation charges/legal
charges including statutory deposits as per actual plus administrative charges etc. and also
does not include the charges of special fixtures and fittings, furniture, interior decoration,
equipment and furnishings, if any.
(iii) The Allottee shall fit, install the air-conditioner/ heaters/ chillers or any similar appliances
requiring installation, only at the place designated for such installations by the Promoter, and
shall be at the cost of the Allottee.
(iv) If, however, due to any subsequent legislation/ Government order/directives or guidelines or
if deemed necessary by the Promoter or any of its nominees, additional fire, water safety,
anti-pollution, dedicated H.T or electric establishment measures are undertaken or any
additional requirement arise due to any norms or revised rules and directions, then the
Allottee agrees to pay the additional expenditure incurred thereon on a pro rata basis along
with other Allottees, as determined by the Promoter in its absolute discretion.
(v) If despite having paid the requisite charges to government for making provision of External
Development services viz. a viz. road connectivity, water and sewerage connections, HT Lines,
sub-stations etc. the Government fails to provide basic infrastructure facilities on time and the
Promoter decides on its own or because of policy decision/inability of Government, to make
extra investments to provide all such additional facilities for connectivity, water sourcing,
recycling and sewerage disposal, sewerage treatment plant to make the Complex functional
within delivery schedules, such extra investments shall be recoverable from Allottee (s) on
pro-rata basis before handing over of possession.
(vi) As a principle, the Promoter is inclined to allot apartment to actual and bonafide users only
and doesn't permit multiple bookings by a person/Company/Firm/Association of persons in
any of its projects. In case the Allottee books/buys more than one unit/ property in any of the
projects of the Promoter (or any of its associates/ subsidiaries/ sister concerns) and commits
default in payment schedule of present booking/ payment, in that event, the Promoter would
be entitled to cancel the booking made by the Allottee(s) under this Agreement and to
(vii)It is agreed that all costs, charges, and expenses payable on or in respect of this Agreement
and on all other expenses to be incurred in execution & registration of this Agreement in
accordance with the Act and Rules, including stamp duty and registration charges, other
ancillary charges etc. shall be borne and paid by the Allottee alone.
2.3 The Total Price is escalation-free, save and except increases which the Allottee hereby
agrees to pay as set forth in the Agreement, including 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 from time to time.
The Promoter undertakes and agrees that while raising a demand on the Allottee for
increase in development charges, cost/ charges imposed by the competent authorities,
the Promoter shall enclose the said notification/order/rule/regulation to that effect along
with the demand letter being issued to the Allottee, which shall only be applicable on
subsequent payments. The pro-rata demand made by the Promoter with regard to such
charges and levies shall be final and binding on the Allottee. If for any reason interest is
charged due to retrospective levies or due to delay in depositing, the same shall also
become payable without any objection. If such charges and levies are not paid, then same
shall be treated as non-payment of charges and the Promoter shall be entitled to with
hold the delivery of possession to the Allottee until the payment of above along with
applicable interest etc. If the charges and levies are levied (including with retrospective
effect) even after the Conveyance Deed has been executed then the Promoter shall have
first charge and lien over the said Apartment till such unpaid charges are paid by the
Allottee including interest, if any
2.4
2.5 The Allottee(s) shall make the payment as per the payment plan set out in Annexure C
(“Payment Plan”). The Allottee(s) agrees that out of the Total Price, the Booking Amount
would be considered as an amount to ensure fulfillment by the Allottee(s) of the terms
and conditions as contained in this Agreement. Timely payment is the essence of the
terms and conditions, of this Agreement and the Allottee(s) is under obligation to pay the
sale price as provided in the payment plan along with the other payments such as,
applicable stamp duty, registration fee, IFMS charges, power backup charges etc., and
other charges on or before the due date or as and when demanded by the Promoter, as
the case may be and also to perform and observe all other obligations of the Allottee(s)
under this Agreement.
2.6 It is agreed that the Promoter shall not make any additions and alterations in the
specifications of the said Unit and the nature of fixtures, fittings and amenities in respect
of the said Unit, without the previous written consent of the Allottee as per the provisions
of the Act or Rules made thereunder or as per approvals/ instructions/guidelines of the
competent authority. Provided that the Promoter may make such minor additions or
alterations as may be required during construction due to technical or other reason or
such minor changes or alterations upto +/-5% in carpet area of the Said Apartment,
2.6 Subject to Clause 14 (Events of Defaults and Consequences), the Promoter agrees and
acknowledges, the Allottee shall have the right to the Unit as mentioned below:
`
(i) The Allottee shall have exclusive ownership of the Unit only for residential usage;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas and
facilities. Since the share / interest of Allottee in the Common Areas is undivided and
cannot be divided or separated, the Allottee shall use the Common Areas along with
other occupants, maintenance staff etc., without causing any inconvenience or
hindrance to them.
Further, the right of the Allottee to use the Common Areas shall always be subject to the
timely payment of maintenance charges and other charges as applicable. It is clarified
that the Promoter shall convey undivided proportionate title in the Common Areas to
the association of allottees as provided in the Act;
(iii) That the computation of the price of the Unit includes recovery of price of land,
construction of not only the Unit but also the Common Areas, internal development
charges, external development charges within the project, taxes, cost of providing
electric wiring, fire detection and firefighting equipment in the common areas etc. and
includes cost for providing all other facilities as provided within the Project.
(iv) The Allottee has the right to visit the Project site to assess the extent of development of
the said Complex and said Unit, as the case may be, subject to giving at least 2 (two)
working days prior intimation of the intended visit to the Promoter.
2.7 It is made clear by the Promoter and the Allottee agrees that the Unit along with
covered parking in basement/stilts shall be treated as a single indivisible unit for all
purposes. It is agreed that the Project is an independent, self-contained Project
covering the said Land and is not a part of any other project or zone and shall not
form a part of and/or linked/combined with any other project in its vicinity (except in
the event of revision or enhancement in area of the Project by the Promoter) or
otherwise except for the purpose of integration of infrastructure for the benefit of the
Allottee. It is clarified that Project’s facilities and amenities shall be available for use
and enjoyment of the Allottees of the Project according to the concerned Act, Rules,
regulations, and byelaws in respect thereof.
2.8 It is understood by the Allottee that all other areas and that is areas and facilities
falling outside the Project, namely “AFFINITY BELGRAVIA” shall not form a part of the
declaration to be filed with Real Estate Regulatory Authority Punjab to be filed in
accordance with the Real Estate (Regulation and Development) Act, 2016 along with
Punjab Rera Rules.
2.9 The Allottee has paid a sum of Rs. 1,00,01,000/- (Rupees One Crore One Thousand
Only ) as full/part of the Booking Amount being part payment towards the Total Price
Provided that if the Allottee delays in payment towards any amount for which is payable, he
shall be liable to pay interest at the rate specified in the Rules.
3. MODE OF PAYMENT. -
(i) Subject to the terms of the Agreement and the Promoter abiding by the construction
milestones, the Allottee shall make all payments, on demand by the Promoter, within the
stipulated time as mentioned in the Payment Plan through A/c Payee cheque/demand draft
or online payment (as applicable) in favor of ‘AFFINITY BUILDTECH’ payable at Chandigarh.
(ii) In case the Allottee makes the payment by an outstation cheque, then his/her payment
would be deemed to have been received on the date on which the said cheque will get
credited into the bank account after deduction of the outstation clearing charges. If any
cheque submitted by the Allottee gets dishonored due to any reason whatsoever then the
Allotment would be deemed cancelled and the Promoter will not be under any obligation to
inform the Allottee about the dishonor of the cheque or cancellation of the allotment. The
Allottee will not be entitled to tender a new cheque in place of dishonored cheque. Allottee
has been explained and has understood that all the payments are to be made by crossed
cheque/demand drafts/RTGS (or other electronic online mode) only
(iii) The Allottee may obtain finance from any financial institution/bank or any other source for
purchase of the said Unit at its own responsibility. The Allottee's obligation to purchase the
said Unit shall not be contingent on the Allottee's ability or competency to obtain such
financing and the Allottee will remain bound to pay installments of total sale price of the
unit and all other dues as stipulated in the application and this Agreement as per the
Payment Plan. Further, any refusal/delay by any bank/financial institution in granting
financial assistance and /or disbursement of loan or any subsequent installment, on any
ground whatsoever, shall not entitle the Allottee to use it as an excuse for delaying or
defaulting in making the payment of installment(s) which have fallen due and any such
delay or default in making the payment of the installment(s), as per the Payment Plan, shall
make the Allottee liable to pay the stipulated interest as time is the essence of this
Agreement and will not affect the Promoter’s right of cancellation. Further, in case the
Allottee seeks cancellation of his allotment on the above-mentioned ground, the Promoter
will refund his money paid to date, after deducting the interest on the delayed payments
and brokerage/commission, taxes, cess, fees etc. paid, if any by the Promoter. (“Net Refund
Amount”) and further such obligation of the Promoter to pay the Net Refund Amount shall
be as follows: (i) thirty percent of the Net Refund Amount shall be paid by the Promoter
within sixty days from the date of cancellation, and (ii), subject to condition that the Said
Apartment is subsequently sold to another allottee, , the balance seventy percent (which
amount represents the Promoters obligation pursuant to Clause 4 (2) (l) (D) of the Act) of
the Net Refund Amount shall be paid to the Allottee within sixty days from the date of such
subsequent sale of the Said Apartment.
5. ADJUSTMENT/APPROPRIATION OF PAYMENTS. -
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.
6. TIME IS ESSENCE. -
Time is of essence for the Promoter as well as the Allottee. The Promoter shall abide by the time
schedule for completing the project and handing over the Unit to the Allottee and the Common
Areas to the Allottee or association of the allottees. Similarly, the Allottee shall make timely
payments of the installment and other dues payable by him/her and meeting the other obligations
under the Agreement subject to the simultaneous completion of construction by the Promoter as
provided in Annexure C (“Payment Plan”).
(i) The Allottee has seen the specifications of the Unit and accepted the Payment Plan, floor
plans, layout plans which has been approved by the competent authority, as represented by
the Promoter. The Promoter shall develop the Project materiality in accordance with the
said layout plans, floor plans and specifications. Subject to the terms in this Agreement, the
Promoter undertakes to strictly abide by such plans approved by the competent Authorities
and shall also strictly abide by the bye-laws, FAR and density norms and provisions
prescribed or notified by the State Government and shall not have an option to make any
variation /alteration / modification in such plans, other than in the manner provided under
the Act, and breach of this term by the Promoter shall constitute a material breach of the
Agreement. Provided however, that any models, views, schematics or any other rendition of
(ii) The Promoter shall develop the Project in accordance with the bye-laws and rules and
regulations, FAR, approved plans, terms, and conditions of the license/allotment as well as
registration of the Act, etc. Subject to the terms in this Agreement, the Promoter
undertakes to abide by such plans as may be revised/approved by the competent
authorities and shall also strictly abide the provisions and norms prescribed under the
applicable laws and shall not have an option to make any variation /alteration / modification
in such plans, other than in the manner provided here under and breach of this term by the
Promoter shall constitute a material breach of this Agreement for Sale. However, it is
agreed that any additional FAR received/ receivable under the bye-laws and provisions
prescribed any other Act/Rules/ provisions will be usable by the Promoter as applicable on
the entire or any part of the said Land in its sole discretion without any further consultation
provided the same does not alter the size of said Unit or its dimensions as well as that of the
building block of the Complex in which said Unit is located.
(iii) The Allottee agrees and understands that if government permits in present or in future,
then the Promoter has full authority to develop the said Complex as per availability of FAR
and density in the said Complex by fully and completely utilizing the entire site & said Land
area FAR which may be permissible due to additional of land parcels/areas/license or
otherwise as per the guidelines provided or to be provided by Competent Authority under
applicable laws/ policies. The Promoter shall have the sole discretion and right to utilize the
available FAR/Density in any manner including but not limited to constructing additional
Floors/buildings in the said Complex by use of available/unutilized FAR/Density. The said
FAR/Density/additional construction shall always be the sole property of the Promoter,
which the Promoter shall be entitled to dispose of in any manner it chooses without any
interference from the Allottee. The Promoter shall be entitled to get the electric, water,
sanitary and drainage systems connected with the additional constructions or with the
already existing electric, water, sanitary and drainage systems. The Allottee acknowledges
that the Allottee has not made any payment towards the project land or whether availed or
un-availed, unutilized /saleable area/ FAR/ Density of said Complex and shall have no
objection to any such construction activities including addition of floors carried on the
Building/Tower (in which the said Unit is located). The Allottee has further authorized the
Promoter to shift the location of the said Unit to any other location where development is
completed earlier in time. Further Promoter may revise the sanctioned plans and the revise
sanctioned plans may include provisions of compounding under the norms, acts, bye laws
and all provisions of FAR & density which might accrue due to any policy and norms for
compounding towards revised areas.
(iv) In the event of paucity or non-availability of any building material or specification, Promoter
may use alternative materials of similar quality and the decision of the Promoter in this
regard shall be binding on the Allottee. All designs, specifications mentioned and stated in
any document/s are tentative and subject to changes.
8.1 Schedule for possession of the said Unit. -The Promoter agrees and understands that timely
delivery of possession of the Unit is the essence of the Agreement. The Promoter, based on the
8.2 Early Possession: The Promoter shall provide regular updates of the progress of the
construction of the Project, by way of its filings with the regulator under the Act. Where the
Promoter is progressing ahead of schedule and accordingly will be in a position to hand over
possession of the Unit to the Allottee prior to the expiry of the 03 months period as set forth in
clause 8.1 above, the Promoter shall provide a written intimation to the Allottee of the same, and
the Allottee shall ensure that it complies with all its obligations, including but not limited to, making
payment of all dues as demanded by the Promoter in accordance with this Agreement and taking
over of possession of the Said Apartment as set forth herein, notwithstanding the fact that the
possession is being offered prior to the said 03 month period by the Promoter.
8.3 Procedure for taking Possession. -The Promoter, upon obtaining the occupancy/completion
certificate (or such other certificate by whatever name called issued by the competent authority)
from the competent authority shall offer in writing the possession of the Unit, to the Allottee in
terms of this Agreement to be taken within the timelines set forth in such notice and the Promoter
shall give possession of the Unit to the Allottee. The Allottee agrees to pay the maintenance charges
and all other charges due and payable as on the date of possession, as determined by the Promoter.
8.4 Failure of Allottee to take Possession of Unit. -Upon receiving a written intimation from the
Promoter as per clause 8.2, the Allottee shall take possession of the Unit from the Promoter by
executing necessary indemnities, undertakings and such other documentation as prescribed in this
Agreement, and the Promoter shall give possession of the Unit to the allottee. In case the Allottee
fails to take possession within the time provided in clause 8.2 such Allottee shall continue to comply
with the essential documentation, undertaking, etc. or fails to take possession within the time
provided in the notice of possession, such Allottee shall continue to be liable to pay the holding
charges at the rate of Rupees 25000/- (Twenty Five Thousand Only) per month (“Holding Charges”)
till the Allottee takes over possession of the said Apartment and shall also continue to be liable to
pay maintenance charges as applicable. On failure of allottee to pay the installment as per schedule
given in allotment letter, apart from paying the interest on the delayed amount, the possession of
the Unit shall be extended to the extent of period of delay in paying the defaulted amount. Further,
the Promoter shall have no obligation or liability arising out of delayed possession to the Allottee in
this regard.
8.5 Possession by the Allottee. -After obtaining the occupancy certificate (or such other certificate
by whatever name called issued by the competent authority) and handing over physical possession
of the Unit to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary
documents and plans, including common areas, to the association of the Allottees or the competent
authority, as the case may be, as per the local laws.
Provided that where the said Allottee proposes to cancel/withdraw from the said Complex/Project
for reasons other than for the inability of the Promoter to give possession of the Apartment in
accordance with this Agreement, the Promoter herein is entitled to forfeit the Booking Amount paid
for the allotment and recover from the Allottee (including by way of set off from the amounts paid
by the Allottee till the date of cancellation/withdrawal) the interest component on delayed
payment (payable by the Allottee for breach of Agreement and non-payment of any due payable to
the Promoter) along with Govt. dues/levies/charges and taxes and brokerage/commission paid for
the booking. The rate of interest payable by the Allottee to the Promoter shall be the interest as
may be prescribed under the Act/Rules. The balance amount of money, if any, paid by the Allottee
shall be returned by the Promoter to the Allottee in accordance with the following: i) thirty percent
of the balance amount set forth herein shall be paid by the Promoter within sixty days from the
date of cancellation, and (ii), subject to condition that the Said Apartment is subsequently sold to
another allottee, the remaining seventy percent of the foregoing balance amount shall be paid to
the Allottee within sixty days from the date of such subsequent sale of the Said Apartment.
8.7 Compensation. –
The Promoter shall compensate the Allottee in case of any loss caused to him due to defective title
of the land, on which the project is being developed or has been developed, in the manner as
provided under the Act and the claim for compensation under this section shall not be barred by
limitation provided under any law for the time being in force.
Except for occurrence of events set forth in Clause 8.1 of this Agreement, if the promoter fails to
complete or is unable to give possession of the Unit the Promoter shall be liable, on demand to the
allottees, in case the Allottee wishes to withdraw from the Project, without prejudice to any other
remedy available, to return the total amount received by him in respect of the Unit, with interest at
the rate specified in the Rules within ninety days including compensation in the manner as provided
under the Act:
Provided that where the Allottee does not intend to withdraw from the Project, the Promoter shall
pay to the Allottee interest at the rate specified in the Rules for every month of delay, till the
handing over of the possession of the Unit.
8.8 It is specifically understood and agreed by the Allottee that the Promoter shall be liable to
provide to the Allottee possession of the said Unit along with internal infrastructure only. However,
the external facilities outside the said Complex/Project such as main sewer line, water line,
electricity line, storm water drains, roads, are to be provided/developed by the
Government/nominated agency and if the said external facilities are not in place even at the time of
handing over of possession then the Allottee shall not claim any compensation or refund for delay
due to non-provision of infrastructure facilities and/ or consequent delay in handing over the
possession of the said Unit in the said Complex/ Project as this is understood to be beyond the
scope and control of the Promoter.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry
out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in case there are any
encumbrances on the land provide details of such encumbrances including any rights, title, interest,
and name of party in or over such land;
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project,
or the Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the
Project, said Land and Unit are valid and subsisting and have been obtained by following due
process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance
with all applicable laws in relation to the Project, said Land, Building and Unit and common areas, as
the case may be;
(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 Land,
including the Project and the said Unit 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 Unit to the Allottee in the manner contemplated in this Agreement;
(ix) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned
by any minor and/or no minor has any right, title and claim over the Schedule Property;
(x) The Promoter has duly paid and shall continue to pay and discharge all 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; and
(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 by or served upon the Promoter in respect of the
said Land and/or the Project.
(xii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant,
peaceful, physical possession of the said Apartment to the Allottee and the common areas of said
Complex to the Association of the Allottees in the said Complex or the competent authority, as the
case may be;
The Promoter agrees to sell and the Allottee agrees to purchase the Unit on the terms and
conditions contained in this Agreement, subject to Allottee:
a. Agreeing to pay the due amount as demanded by the Promoter as per the Payment
Schedule opted by the Alottee.
b. Agreeing to abide by, observe and perform the specific covenants, stipulations, restrictions,
and obligations contained in this Agreement;
The Promoter shall have the right to raise finance and/or loan from any financial institution
and/or bank and for that purpose create mortgage, charge on the said Project/Land and/or
securitization of the receivables.
The Allottee may obtain finance from any financial institution/bank or any other source but
the Allottee’s obligation to purchase the Unit pursuant to this Agreement shall not be
contingent on the Allottee’s ability or competency to obtain such financing and the Allottee
shall remain bound by this Agreement whether or not he/she has been able to obtain
financing for the purchase of the Unit.
b. Deemed possession
It is understood by the Allottee that even if the Allottee fails to take possession of the Unit
within the Possession Period, the Allottee shall be deemed to have taken possession on the 15 th
day from the date of Possession Notice which date, for all purposes and irrespective of the
actual date when the Allottee takes physical possession of the Unit, will be deemed to be the
Possession Date.
c. Responsibilities
On and from the Possession Date:
i. The Unit shall be at the sole risk and cost of the Allottee, and the Promoter shall have
no liability or concern thereof;
ii. The Allottee shall become liable to pay the Maintenance Charges in respect of the Unit
and the Common Areas and facilities on and from the Possession Date;
iii. All taxes, deposits and other levies/charges imposed, demanded, or required to be paid
to the authorities concerned relating to the undivided interest in the Common Areas
shall be paid and borne by the Allottee proportionate to his interest therein and those
relating only to the Unit shall be borne solely and exclusively by the Allottee, with effect
from the Possession Date.
iv. All other expenses necessary and incidental to the management and maintenance of
the Project.
v. The Promoter agrees to pay all outgoings before transferring the physical possession of
the Unit to the Allottee, which it has collected from the Allottee, for the payment of
outgoings (including land cost, ground rent, municipal or other local taxes,
maintenance charges, including mortgage loan and interest on mortgages or other
encumbrances and such other liabilities payable to competent authorities, banks, and
financial institutions, which are related to the Project). If the Promoter fails to pay all or
any of the outgoings collected by it from the Allottee or any liability, mortgage loan and
interest thereon before transferring the Unit to the Allottee, the Promoter agrees to be
liable, even after the transfer of the Unit, to pay such outgoings and penal charges, if
any, to the authority concerned or person to whom they are payable and be liable for
the cost of any legal proceedings which may be taken therefore by such authority or
person.
14.1 Subject to the Force Majeure clause, Court orders, Government policy/guidelines, decisions,
failure of government/other statutory bodies in providing the external infrastructure such as lying
of sewer/water supply line, road, electrification, etc., the Promoter shall be considered under a
condition of default, in the following events: -
(i) Promoter fails to provide ready to move in possession of the Unit to the Allottee within the time
period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the
unit shall be in a habitable condition which is complete in all respects and as per the completion
/occupancy certificate issued by the competent authority; or
14.2 In case of default by Promoter under the conditions listed above, the Allottee is entitled to the
following: -
(i) stop making further payments to the Promoter as demanded by the Promoter. If the Allottee
stops making payments, the Promoter shall correct the situation by completing the construction
milestones and only thereafter, the Allottee will be required to make the next payment without any
penal interest; or
(ii) the Allottee shall have the option of terminating the Agreement in which case the Promoter shall
be liable to refund the entire money paid by the Allottee under any head whatsoever towards the
purchase of the Unit, along with interest at the rate specified in the Rules within ninety days of
receiving the termination notice:
Provided that where an Allottee does not intend to withdraw from the project or terminate the
Agreement, he shall be paid, by the promoter, interest at the rate specified in the Rules, for every
month of delay till the handing over of the possession of the Unit.
14.3 The Allottee shall be considered under a condition of default, on the occurrence of the
following events: -
(i) in case the Allottee fails to make payments for a demands made by the Promoter as per
the Payment Plan annexed hereto, despite having been issued notice in that regard, the
allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate
specified in the Rules;
(ii) Failure by the Allottee to countersign and return the Promoter’s copy of the Allotment
Letter to the Promoter within the time stipulated therefor in the Allotment Letter;
(iii) in case of Default by Allottee under the condition listed above continues for a
cumulative period of sixty days after notice from the Promoter in this regard, the
For the removal of doubts, it is clarified and the Allottee consents that Default for a cumulative
period beyond 60 (sixty) days by Allottee, after demand notice from the Promoter, shall
automatically constitute termination of this Agreement and no further act on the part of the
Promoter would be necessary for this purpose. It is further clarified that immediately on such
automatic termination, the Promoter shall be entitled to re-allot/sell the said Apartment afresh to
any other person and the Allottee hereby agrees and accepts the same and undertakes that it shall
not object thereto. Furthermore, the Allottee agrees that it shall not seek any interim relief to this
effect against the Promoter, as it acknowledges that its interest in the said Apartment has expired
upon such termination and what remains at best is a money dispute and the Allottee further
acknowledges that the Promoter would suffer irreparable harm by being prevented from freely
dealing with its valuable capital asset, which harm the Allottee agrees, cannot be quantified in
monetary compensation/damages alone.
It is further agreed that in case the Allottee has booked and/or entered into buyer’s agreement for
purchase of more than one apartment/commercial shop/ property in any of the projects of the
Promoter or any of its associates/ subsidiaries/ group companies and commits default in payment
schedule of the said Apartment being purchased under this Agreement, in that event, the Allottee
understands, agrees and consents that the Promoter at its sole discretion would be fully entitled,
without any further confirmation, to adjust/ appropriate the balance refundable amount, towards
the amount outstanding, due and/or payable in respect of any other property including outstanding
interest thereof.
It is further understood and agreed that the Allottee does not have right to book/ apply for any new
booking(s) in any property being developed by the Promoter or any of its associates/ subsidiaries/
group companies unless he is making regular and up to date payment(s) in the booking (s) already
made by him or his associates.
(iv) Failure to make the payments within the date stipulated therefore in the Allotment
Letter or in this Agreement of the Total Price, stamp duty, registration fee, legal
expenses, any incidental charges, including, but not limited to, security deposit, lease
rent, deposits for bulk supply of electrical energy, taxes, as may be notified by the
Promoter to the Allottee from time to time;
(v) Failure to execute and register the transfer deed or any other deed/ document/
undertakings/indemnities etc. or to perform any other obligation, if any, set forth in any
other agreement with the Promoter relating to the Unit. Failure to take possession of
the Unit within the date stipulated by the Promoter in its notice for possession;
Without prejudice to the rights of the Promoter to charge interest in terms of this Agreement, upon
the occurrence of any one or more of event(s) of default under this Agreement including, but not
limited to, those specified above, the Promoter may at its sole discretion issue a notice of such
default to the Allottee and the Allottee shall be provided with a period of 15 (fifteen) days from the
date of such notice to cure the said default or breach. In the event that the Allottee fails to cure
such default or breach, within 15 (fifteen) days from the date of notice (or such default or breach is
not capable of being rectified), the Promoter shall have the option to cancel and terminate this
Agreement by sending a cancellation letter by Registered/Speed Post with A/D, at the address
provided by the Allottee(s) and/or e-mail at the e-mail address provided by the Allottee, intimating
him of the specific breach or default of terms and conditions in respect of which the Promoter is
cancelling and terminating this Agreement. On such cancellation, the allotment and this Agreement
shall stand immediately cancelled and the Allottee shall have no right whatsoever with respect to
the Unit. Upon cancellation of the allotment and termination of the Agreement, the Promoter shall,
within 45 (forty-five) days from such termination, refund by way of cheque/demand draft all
amounts paid by the Allottee till the date of cancellation less the Cancellation Charges without
interest, being the liquidated damages payable to the Promoter.
a) That the Allottee shall pay the Total Price, stamp duty, registration charges and other
ancillary charges for registration of conveyance deed before taking the temporary
possession and the Promoter shall be liable to get the sale/ conveyance deed registered
before the competent authority after obtaining occupation certificate or part thereof of the
Complex in which the Unit is situated;
b) Permission to carry out interior works shall not amount to actual or constructive
possession of the Said Unit, or part thereof to the Allottee. Notwithstanding the foregoing,
in case Allottee starts occupying the said Unit without getting formal offer of possession
from the Promoter in terms of this Agreement, the same shall be treated as illegal
occupation and shall attract a penalty of Rs.3000/-(Rupees Three thousand) per day for
wrongful use of the Unit from the date of illegal possession by the Allottee till remedying
the same, and shall also be liable to pay to the Promoter any fines, charges and/or penalty
imposed by the competent authority/Government, without prejudice to all other rights and
remedies available to the Promoter;
c) That the Allottee shall execute an indemnity bond in favor of the Promoter on such terms
as are specified by the Promoter prior to commencing the interior fit out works, and enter
into a Maintenance Agreement on standard format, if not executed, and shall pay the
Interest Free Maintenance Security (IFMS) if not paid before commencing the interior fit out
works;
d) A caution and electricity compensation deposit will have to be paid by the Allottee prior
to seeking possession for interior works;
e) That the work of interior works undertaken by the Allottee should not obstruct or affect
the construction work, if any, of the Promoter or interior work being carried out by any
other Allottee of the said Complex or cause any nuisance of any kind, which may be
objectionable to the Promoter or any other Allottee;
f) That the Allottee shall ensure complete safety of the materials and the equipment kept in
the Unit, to be used for the interiors undertaken by the Allottee. The Promoter shall not be
responsible or liable in case of theft, pilferage or misplacement of such materials or
equipment. Further, the Promoter shall not be liable for any accident or injury caused or
occasioned to any employee or the workman engaged by the Allottee for doing the interiors
in the Unit or any job or work relating thereto. Such liabilities or claims if any shall be
satisfied by the Allottee itself. The Allottee shall indemnify and keep harmless the Promoter
against all such claims or liabilities;
g) That the Allottee shall comply with all the directions/ requirements as stipulated by the
Promoter or its Authorized Representatives, while carrying out the interiors in the Unit;
i) Possession for interiors does not constitute possession for any other purpose including
display of signboard or signage and this temporary possession will be given subject to
condition that actual possession of premises remains with the Promoter only for all
purposes and Allottee shall handover the possession on a day’s notice, if so, demanded by
the Promoter without assigning any reason;
j) That the Allottee shall not store any inflammable or explosive materials in the Unit and/or
anywhere else in the Complex while conducting the interior works and shall ensure
complete safety against any accidents or loss of human life.
(ii) The Allottee(s) shall not assign, transfer, lease, sell, alienate, gift or part with possession of
the said Unit, without taking 'No Dues Certificate' from the Promoter regarding the
maintenance charges payable for the Services.
(iii) Payment of Maintenance Charges: The Allottee of the said Unit shall pay, as and
when demanded, the Maintenance Charges including security deposit for providing,
maintaining, and up-keeping of the said Project and the various services therein, as may be
determined by the Promoter or the Maintenance Agency appointed for this purpose in
consultation with Association of Apartment Owners, as the case may be. The Allottee shall
pay 2 (two) years advance Maintenance Charges before taking the possession of the Unit,
along with outstanding dues and overdue maintenance/electricity charges, if any.
(iv) The Buyer agrees that his right to use the common facilities including supply of
power backup and water will be subject to regular and prompt payment of maintenance/
electricity and utility charges as per meters installed by the Agency. If maintenance/
electricity/ utility charges or any part thereof is not paid regularly, the Buyer agrees that he
will lose the right to use any of the common facilities/ services including right to receive
electricity/ power back-up and utility inside the Said Unit, but so long as the maintenance
charges are regularly paid and all the covenants herein are observed, the right of the Buyer
to use such common facilities/ services will be unhindered.
(v) Maintenance Agreement: The Allottee upon receipt of part-occupation of the Unit of the
said complex in which his Unit is located and before taking the possession of his Unit shall
enter into a maintenance agreement on Promoter's standard format with the Promoter or
any association/ body/ condominium of association of unit owners or any other
nominee/agency/association or other body (hereinafter referred to as "the Maintenance
Agency") as may be appointed/ nominated by the Promoter from time to time for the
maintenance and upkeep of the said apartment/space/site in the said Complex and the
Allottee undertakes to pay the maintenance bills as raised by the Maintenance Agency on
(vi) The Allottee undertake(s) and assure(s) that his rights to the use of Common Areas
and facilities within the said Project shall be subject to timely payment of total
Operation/Maintenance Charges and the performance by the Allottee of all his obligations
under this Agreement and the Maintenance Agreement. If the Maintenance Charges are not
paid by the Allottee regularly and on or before its due date, then the Allottee agrees that he
shall have no right to use such Common Areas and facilities. But so long as the Maintenance
Charges and all payments envisaged under these presents are regularly paid, on or before
due date and covenants are observed, the Allottee shall be entitled to use such Common
Areas and facilities. For providing necessary maintenance services, the Allottee agrees to
permit the Promoter or the Maintenance Agency to enter into the said Unit or any part
thereof after due notice and during the normal working hours, unless the circumstances
warrant otherwise, with a view to set right any defect in the workmanship or the defects in
the said Project and/or Unit.
(vii) In order to secure due performance of the Allottee in paying promptly the
maintenance bills and other charges as raised by the Maintenance Agency, the Allottee
agrees to deposit and to always keep deposited with the Promoter/Maintenance Agency an
interest free maintenance security (IFMS) as prescribed by the Promoter/ Maintenance
Agency. In case of failure of the Allottee to pay the maintenance bill, other charges on or
before the due date, the Allottee in addition to permitting the Maintenance Agency to deny
him the maintenance services, also authorizes the Promoter to adjust the dues from the
principal amount of the IFMS against such defaults. If due to such adjustments in the
principal amount, the IFMS falls below the agreed sum as set forth in this Agreement, then
the Allottee hereby undertakes to make good the resultant shortfall within 15 (fifteen) days
of demand by the Promoter. Further, the Promoter reserves the right to increase IFMS from
time to time in keeping with the increase in the cost of maintenance services and the
Allottee agrees to pay such increases within 15 (fifteen) days of demand by the Promoter. If
the Allottee fails to pay such increase in the IFMS or to make good the shortfall as aforesaid
on or before its due date, then the Allottee authorizes the Promoter to treat the allotment
as cancelled without any notice to the Allottee and to recover the shortfall from the sale
proceeds of the said apartment(s) and to refund to the Allottee (s) only the balance of the
money realized from such sale after deducting therefrom the entire earnest money, interest
on delayed payments, any interest paid, due or payable and all other dues as set out in the
payment plan. It is made specifically clear, and it is so agreed by and between the Parties
hereto that this condition relating to IFMS as stipulated in this clause shall survive the
conveyance of title in favor of the Allottee and the Promoter shall have first charge/lien on
(viii) The Promoter at its sole discretion may, if already paid IFMS by the Allottee to the
Promoter, refund to the Allottee the amount collected in full and final settlement of IFMS or
as an alternative, the Allottee hereby authorizes the Promoter to transfer to the
Maintenance Agency the IFMS in full or in parts, after adjusting there-from any outstanding
maintenance bills, maintenance collection deficits as well as deficit payment of the
Apartment with respect to taxes including WCT, GST/VAT, Service Tax, any govt. dues or any
other additional service, infrastructure or establishment which has been provided over and
above the agreed specifications and facilities and/ or other outgoings of the Allottee at any
time including upon execution of the Conveyance Deed and thereupon the Promoter shall
stand completely absolved/discharged and all clauses dealing/ concerning the IFMS of this
Agreement to sell and the Conveyance Deed, as far as, they are applicable to the Promoter
shall cease to be valid and effective. It is hereby specifically agreed by the Allottee that such
transfer of IFMS shall not be linked in any manner whatsoever to the implementation of the
Punjab Apartment Ownership Act, 1995 by the Promoter for the said Complex. Further the
Allottee agrees that the Maintenance Agency, upon transfer of the IFMS or in case fresh
IFMS is sought from the Allottee as stipulated hereinabove, shall have the sole right to
modify/ revise all or any of the terms of the IFMS, Maintenance Agreement, including but
not limited to the amount/ rate of IFMS, etc.
(ix) It is further clarified that in case any loss(es) is/ are incurred/ happened to assets of
the Project due to the negligent act of any Allottee or the person claiming through him
including the tenant etc. or due to any unforeseen occurrence in respect thereof, the
security deposited and advance Maintenance charges deposited by the Allottee(s) will be
adjusted to fulfill that loss, be it that loss might have been caused by the tenant or any other
occupant of the said Unit and in case any kind of nefarious or illegal or objectionable
activities are carried out by the Allottee(s) or the occupant through him, they would be
bound to vacate the premises on the notice being served upon him/her by the Promoter or
the Maintenance society.
(x) The Allottee(s) hereby undertakes to comply with all the terms and conditions stipulated in
the Maintenance Agreement. The Promoter reserves its rights to terminate this Agreement
on account of non-execution of the Maintenance Agreement.
(xi) Also, it is clearly mentioned here that the Promoter shall be well within its rights to
hand over the entire maintenance of the said project to the occupants of the said
complex/project upon the completion of the project and occupants shall be bound to
constitute one maintenance society which can obtain the necessary authority and charge
from the Promoter whereupon the Promoter shall be finally and fully relieved of its
responsibility to maintain the said Project as per the law applicable.
(xii) Maintenance of Common Areas: That it is agreed between the Parties that save and
except in respect of the Unit here by agreed to be acquired by the Allottee, the Allottee shall
have no claim, right, title or interest of any nature or kind whatsoever, except right of
ingress / egress, open spaces, and all or any of the Common Areas and basement in the
Complex. The possession of the Common Areas whereof shall always remain with the
Promoter, or the maintenance agency appointed by the Promoter, whose responsibility
shall be to supervise the maintenance and upkeep of the same, until the same are handed
(xiii) Rights of Maintenance Agency: The Promoter reserves its right that for protection
of peace, security, better maintenance, upkeep, the Promoter may impose from time to
time such conditions upon the Allottee as could be conducive for such better maintenance,
upkeep, security, and protection of the entire complex either in part or as a whole. The
Allottee shall not create any mischief and shall not do any act or omission as could disturb
the peace, serenity, tranquility of the Unit or of the said Complex.
(xiv) Payment: All maintenance charges shall be payable by the Allottee(s) as demanded
by the Promoter. In case of any delay in such payment, the Allottee(s) shall be liable to pay a
penal interest which shall be intimated by the said maintenance agency from time to time.
In case of any delay in the payment of the maintenance charges, the Allottee(s) shall be
liable for any loss/ damages suffered by the Promoter.
(xvi) Internal Maintenance: The scavenging of the common areas will be carried out by
the Maintenance Agency but those inside the Unit will be carried out by the Allottee(s) only,
who will ensure that all dirt, refuge, and waste is properly transported out in covered cans/
bags as biodegradable & non-biodegradable waste.
(xvii) Electricity Supply: The Allottee agrees that the Promoter or its subsidiaries/affiliates
may at their sole discretion and subject to such Government approvals as may be necessary,
invest or install or outsource, enter into arrangement of generating and/or receiving and/or
supplying power to the various projects/grid within or outside the said Project in which the
said Unit is located including generating but not limited to power through generators,
turbines, solar, wind or any other future technology by using the common areas/surface
areas or roof tops of the buildings. In such an eventuality the Allottee fully concurs and
confirms that the Allottee shall have no objection to such arrangement for generating
and/or supply of power but also gives complete consent to such arrangement whether or
not integrated into Grid Supply, despite it having an exclusive source of power supply from
Punjab State Power Corporation Ltd./State Electricity Boards (SEBs)/any other source. The
Allottee further agrees that this arrangement could be provided by the Promoter or its
agents directly or through the respective association of apartment owners. It is further
agreed by the Allottee that the Promoter or its subsidiaries/affiliates shall have sole right to
select the site, capacity and type of power generating and supply equipment/ plant as may
be considered necessary by the Promoter or its subsidiaries/affiliates in their sole discretion
from time to time. It is also understood that the said equipment/plant may be located
anywhere in or around the said Complex.
(xix) It is understood and agreed by the Allottee that all the equipment and machineries,
including transformers, H.T. lines, Power backup generators, lifts, pumps, STP, WTP and/or
all other services/amenities provided by the Promoter in the Complex etc. shall remain
under the ownership of the Promoter and Allottee shall be entitled for availing facilities
against payment of usage charges only, which will be decided by the Promoter from time to
time and the same will be paid/reimbursed by the Maintenance Agency/ Association of
Owners/ Occupants as recurring charges, depreciation, insurance, consumables, supervision
salaries etc. etc. even if the same is taken over or gets handed over to the Maintenance
Agency/ Association of Owners for day to day running. Further, the Promoter shall have the
sole discretion to determine the physical location of such amenities/services in the
Complex, including changing the location of the same provided there is no derogation in the
scope of the amenities/services as set forth in the specifications under this Agreement.
(xx) It is further agreed and confirmed by the Allottee that the Promoter or its
subsidiaries/ affiliates shall have right to charge tariff for providing /supplying the power at
the rate as may be fixed from time to time by the Promoter which may or may not be
limited to the rate then charged by the Punjab State Power Corporation Ltd./SEBs and/or
generators, solar or any other source(s). The Allottee agrees and confirms that he shall pay
the amount based on the tariff to the Promoter or its subsidiaries/ affiliates directly or
through the association of owners respectively for consuming the power so supplied but
shall have no ownership right, title or interest in the equipment or facility so installed by the
Promoter or its subsidiaries/ affiliates. The Allottee confirms and understands that such
power generating and/or supplying equipment may during its operation cause
inconvenience to the Allottee and the Allottee shall have no objection to the same. The
Allottee shall be liable to pay consumption charges. The Allottee shall not have a right to
raise any dispute with regard to such arrangement either with regard to installation of
power generating equipment or payment of tariff at any time whatsoever during the period
of Allottee’s ownership of the said Apartment. This clause shall survive the conveyance of
the Apartment or any subsequent sale/resale or conveyance thereof.
Power backup may be provided subject to timely payment of maintenance charges from
standby generators and shall be in addition to normal Power backup for the common areas
(xxi) In case the Allottee(s) wishes to alienate the Unit in any manner, the same shall be
permissible only after the consent of the Promoter/maintenance agency maintaining the
common area and it shall be upon the clearance of all outstanding dues of the said agency
that the Unit would be permitted to be transfer, of course subject also to the payment of
the transfer fees as stipulated hereinafter.
(xxii) That present fire safety measures in the Project and the Unit have been provided as
per existing fire safety norms as prescribed by the authorities. If, however due to any
subsequent central or local legislation/ government regulation/ order or directive or
guidelines or any change in existing guidelines or government orders it become obligatory
on the Promoter to undertake additional fire safety measures, it is consented by the
Allottee(s) that he/ she shall be liable to pay proportionate charges in respect thereof
including the cost of the official fee that may have been paid in that respect.
The Allottee(s) herein do hereby agree to abide by the covenants mentioned hereunder
pertaining to the right of transfer of the RESIDENTIAL Apartment purchased vide the original
agreement. The covenants are as follows:
(i) The Allottee(s) can assign, transfer, lease or part with possession of the said RESIDENTIAL
Apartment with the prior consent to the Promoter. In such an event, except sale, it shall be
the responsibility of the Allottee(s) to continue to pay the charges pertaining to the said
RESIDENTIAL Apartment of whatsoever nature payable under this Agreement to the
Promoter. The Allottee(s) undertakes that he/ she shall not divide/sub-divide the said
RESIDENTIAL Apartment in parts without the prior consent of the Promoter, except the
partitions, additions, and alterations as provided in the Agreement.
(ii) The Allottee(s) cannot transfer the registration, booking or allotment in favor of a third party
without approval by the Promoter, who may at its sole discretion permit the same on
payment of transfer charges as fixed by the Promoter which have been fixed at Rs. 200 per
sq. ft. of the said total area of the said residential unit. Apart from this the proposed Allottee
shall also be liable to pay all the administrative charges as may be fixed by the Promoter
from time to time and both the earlier allottee and the proposed Allottee shall be required
to sign and submit inter-alia affidavit/undertaking/indemnity bond, request for transfer or
any other document and would be required to clear all dues till that date to both the
Promoter and Maintenance society. The Allottee(s) shall be solely responsible and liable for
all legal, monetary or any other consequences that may arise from such sale/transfer.
(ii) However, it is agreed between the parties that the Promoter is under no obligation to give
warranty for the items which are purchased as CBU (completely built units) and
manufactured items such as cables, wires, bulbs etc. as the same shall be directly governed
by the terms and conditions of the manufacturer. The Promoter does not stand guarantee
for these gadgets/ machinery items. All such jobs including equipment and services
executed, manufactured, supplied by specialist equipment and service providers or
manufacturers such as Generators, lifts, firefighting system, air conditioning, electrical,
plumbing, electronic gadgets, surveillance, IT equipment etc. shall be covered under
warranty terms of those manufacturers or suppliers and will have to be serviced and/or
replaced by them as per their terms and conditions and standard operating procedures. The
address and contact details of the manufacturers/ service providers shall be supplied on the
web site as well as through instruction manuals by the Promoter. Special warranty/
extended warranty may be availed by the Unit owners as per the terms and conditions of
the manufacturers/ service providers at their own cost.
18. RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF
TOTAL MAINTENANCE CHARGES. -
The Allottee hereby agrees to purchase the Unit on the specific understanding that his/her
right to the use of Common Areas shall be subject to timely payment of total maintenance
charges, as determined and thereafter, billed by the maintenance agency appointed or the
association of allottees (or the maintenance agency appointed by it) and performance by
the Allottee of all his/her obligations in respect of the terms and conditions specified by the
maintenance agency or the association of allottees from time to time.
(ii) That after taking over the possession the Allottee shall permit the Promoter/ Maintenance
Agency and its surveyors and agents with or without workmen and others at all reasonable
times to enter into and upon the said Unit or any part thereof to view and examine the
state and conditions thereof and to make good all defects, decays and repairs in this behalf
and also for repairing of any part of the Complex and for the purpose of repairing,
maintaining, rebuilding, cleaning, structural strengthening, lighting and keeping in order all
services, drains, pipes, cables, water courses, gutters, wires, parts, structures of other
convenience belonging to other occupants or serving or used for the said Complex and also
for the purpose of laying, maintaining, repairing and restoring drainage and water pipes and
electric wires and cables and for similar purposes. In case, Allottee has failed to effect
repairs despite dispatch of notice of one week by the Promoter/ Maintenance Agency and
the Promoter/ Maintenance Agency is constrained to effect repairs at its cost, in that event
20. USAGE.
Use of Basement and Service Areas: The basement(s) and service areas, if any, as located
within the” Affinity Belgravia”, shall be earmarked for purposes such as parking spaces and
services including but not limited to electric sub-station, transformer, DG set rooms,
underground water tanks, pump rooms, maintenance and service rooms, firefighting
pumps, and equipment etc. and other permitted uses as per sanctioned plans. The Allottee
shall not be permitted to use the service areas and the basements in any manner
whatsoever, other than those earmarked as parking spaces, and the same shall be reserved
for use by the association of allottees formed by the Allottees for rendering maintenance
services. Further, the Allottee shall not be entitled to in any manner obstruct, create any
barricade (temporary or permanent) or create any obstacles in the parking area, including
the allotted parking to the Allottee.
(ii) The Allottee further undertakes, assures, and guarantees that he/she would not put any
signboard / name-plate, neon light, publicity material or advertisement material etc. on the
face / facade of the building or anywhere on the exterior of the project, buildings therein or
Common Areas without the prior written consent the Promoters.
(iii) The Allottee shall also not change the color scheme of the outer walls or painting of the
exterior side of the windows or carry out any change in the exterior elevation or design.
(iv) Further the Allottee shall not store any hazardous or combustible goods in the Unit or place
any heavy material in the common passages or staircase of the building.
(v) The Allottee shall also not remove any wall, including the outer and load bearing wall of the
Unit.
(vi) That the Allottee shall not do any act in any manner, so as to cause blockade or hindrance to
any walkways, pavements, entrances, common passages, corridors, service ways, vestibules,
halls, roads, stairways, elevators, hoists, escalators, fire or escape doors, veranda, terraces,
or other parts of the common area.
(viii) The Allottee shall plan and distribute its electrical load in conformity with the
electrical systems installed by the Promoter and thereafter, the association of allottees
and/or maintenance agency appointed by the association of allottees.
(ix) The Allottee shall use/ cause to be used the said Unit for residential use only and not for any
other purpose. The Allottee shall not use his Unit or cause to be used his Unit for a
purpose/activity which is illegal or immoral. In case of such user, the Promoter will not be
responsible directly or indirectly for any civil or criminal action and shall also not be
responsible to any outsider / other adjoining allottee for such activity or for any damage,
actionable claim, objection, complaint, civil or criminal liability, vicarious liability or
prosecution and will remain indemnified against all/any such liability and claims, and all of
the foregoing shall be the sole responsibility and liability of the Allottee.
(x) It is understood by the Allottee that the internal maintenance of the Unit shall always
remain the responsibility of the Allottee. If on account of any wrongful act, omission,
negligence, mischief, accident, fire, water seepage etc. of the person occupying any
apartment/ site/ space in the complex any loss, damage or injury is caused to any other
allottee/occupant occupying, retaining, owning any adjoining space/ apartment/site or any
person visiting the said Unit/site/space then the Promoter shall not be responsible either
directly or indirectly for any loss, damage, injury which is caused to the person occupying
the Unit/ site/space or the person visiting the said Unit/site/space at the relevant time or
the Allottee of any adjoining Unit/ commercial space and the Promoter shall also not be
responsible for any loss or damage which may be caused to the articles, material, goods
lying in the said apartment/space/site or in any adjoining Unit which shall be the sole
responsibility of the person on account of whose wrongful act, omission, negligence,
mischief etc. such loss, damage or injury occurs. The Allottee shall always keep the
Promoter harmless and indemnified for any losses and damages in respect thereof.
(xi) The Allottee shall not be allowed to do any activity, which may be objected to by the other
occupants, such as playing of high-volume music, loudspeaker or any activity which spoils
the decorum or decency or beauty of the Complex including defacing of common walls, lifts
or throwing or dumping of refuse/ garbage, which could be subject to house rules, fine or
penalties as per the laws of the land, as applicable from time to time. Further, the Allottee
undertakes and agrees not to cover or obstruct any lights, sky lights, windows, or other
means of illumination of Common Areas or of the building Complex by affixing any banner,
poster, or advertisement material to the exterior of the premises or the inner face of the
said Complex.
(xii)The Allottee shall not do or suffer anything to be done in or around the said Premises which
tends to cause damage to any flooring or ceiling or services of any Premises over, below,
adjacent to the said Premises or anywhere in the said Building or in any manner interfere
with the use thereof or of spaces, passages, corridors, or amenities available for common
use. The Allottee/occupant shall not keep any illegal, hazardous, explosive, inflammable
chemicals/ material etc., which may cause damage to the building or adjoining unit(s). The
Allottee(s) hereby agrees/indemnifies and always keep indemnified against any penal
action, damages, or loss due to misuse, storage of any illegal, explosive, hazardous, highly
(xiii) Signage: Allottee(s) has agreed and understood that the Promoter has the absolute
and unrestricted right over all signage areas for display board, hoardings, illuminated
signboards, neon sign etc. in the atrium, lifts, lift lobbies, corridors, basements, parking
spaces, front, and rear façade of the building. The Promoter shall have absolute right to
identify, earmark and allot such places for affixing signage on the exterior/interior of the
said Building. The Allottee(s) hereby specifically agrees that the said allotted space for
affixing signage etc. shall be increased, decreased, or modified in any manner at the sole
discretion of the Promoter from time to time.
(xiv) The Allottee shall be responsible for any loss or damages arising out of breach of any
of the aforesaid conditions.
i. the non-performance and non-observance of any of the terms and conditions of the
Agreement by the Indemnifying Party;
ii. acts of negligence or intentional misconduct by the Indemnifying Party;
iii. breach of the provisions of this Agreement by the Indemnifying Party;
iv. any representation and warranty, express or implied, by the Indemnifying Party found to be
misleading or untrue;
v. failure by the Indemnifying Party to fulfill its obligations under any applicable law
31.2 Failure on the part of the Promoter to enforce at any time or for any period of time the
provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter
to enforce each and every provision.
32. SEVERABILITY. -
If any provision of this Agreement shall be determined to be void or unenforceable under the Act or
the Rules and Regulations made there under 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 there under 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.
35. NON-WAIVER
Any failure or delay by the Parties in exercising any right or remedy provided by law under or
pursuant to this Agreement shall not impair such right or remedy or operate or be construed as a
waiver or variation of it or preclude its exercise at any subsequent time and no single or partial
exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise
of any other right or remedy.
36. NOTICES. -
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 at
their respective addresses specified below:
(Allottee)
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 this Agreement in the above address by Registered Post failing
which all communications and letters posted at the above address shall be deemed to have been
received by the promoter or the Allottee, as the case may be. It has been further agreed that the
Promoter will communicate with the Allottee mainly through emails unless statutory requirement
of postal letter(s)/ notice(s) is obligatory.
The Promoter reserves the right to transfer development rights of the said Complex in whole or in
parts to any of its subsidiary promoter, other entity, such as LLP, Partnership Firm, Body
Corporate(s) whether incorporated or not, Association or Agency, sole proprietorship etc. by way of
JV/sale/ disposal or any other arrangement, as may be decided by the Promoter in its sole
discretion without any intimation, written or otherwise to the said Allottee and the said Allottee
The Allottee hereby agrees and undertakes that he/she shall always maintain the ecological
harmony, inter alia, common area, solar lighting, water recycling, waste segregation, CFL lighting,
double glazing, solar water heating, harvesting and recharge and to maintain flora & fauna,
extensive plantation and aqua life and has fully understood and has willingly committed to share
the extra obligations for environment conservation within the said Project and shall always be
cooperative and vote for any or all decisions, which will be requested by the Promoter for long term
maintenance of extra establishment for this cause.
43. SAVINGS:
Any application letter, allotment letter, agreement, or any other document signed by the Allottee,
in respect of the said Unit and/or the said Project, as the case may be, prior to the execution and
registration of this Agreement, shall not be construed to limit the rights and interests of the Allottee
under this Agreement for Sale or under the Act or the rules or the regulations made thereunder.
IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this
Agreement for sale at the place and on the day, month and year mentioned hereinabove, in the
presence of attesting witness.
Photograph
Photograph
WITNESSES:
Annexure A
Unit no 2202
Floor 22
(Floor Plan)
Price indicated are subject to revision from time to time at the sole discretion of the company/firm
GST (as applicable) is to be paid extra with every installment and to be paid by the allotee/s
The above mentioned price does not include cost of Electricity Connections Charges, stamp duty, Registrations Fee, Legal & Documentation
Charges.
STRUCTURE WORK:
Earthquake resistant Concrete Structure Using Modern Aluminium Formwork System (MIVAN) +Bricks only Where
Needed.
EXTERNAL FINISH:
Textured paint of exterior grade and M.S./S.S. Railing with toughened glass
Asian /Nerolac/Dulux or equivalent
ELEVATORS:
STAIRCASES:
Wide grand staircase with Granite/Marble/Stone/Tiles. Wall & Ceiling finishes with Premium Emulsion Paint & M.S.
Hand Railing
SERVICE BALCONIES:
Concrete/Brick Wall along with wet point Provision for Dish Washer & Washing Machine. Premium Antiskid
vitrified floor tiles in flooring and wall & ceiling finish with water proof external paints & M.S. Railing In Balcony.
LEISURE BALCONIES:
M. S./S.S. railing with toughened glass and Premium Antiskid vitrified floor tiles in flooring and wall & ceiling finish
with water proof external paints.
LIVING/DINING/FOYER/FAMILY LOUNGE:
BEDROOMS/DRESS ROOM
WASHROOMS
KITCHEN:
ELECTRICAL FITTINGS: