r.v. nirmata private limited · renewed by h.p. t & c.p. dept. on 10.10.2013 and have got...

BUYER'S AGREEMENT

BETWEEN

R.V. NIRMATA PRIVATE LIMITED

AND

Mr/Ms ………………………………………………………………………………...............................................

S/W/D/O…………………………………………………………………………………………...................................

R/o……………………………………………………………………………………...............................................

JOINTLY WITH *

Mr/Ms ……………………………………………………………………………………….....................................

S/W/D/O ……………………………………………………………………………................................................

R/o ………………………………………………………………………………………….......................................

(To be filled up, if the allotment is in the joint name)

THE WOODS, BAROGHIMACHAL PRADESH

Kindly read carefully.

Important instructions to the Allottee (hereinafter defined).

The Applicant(s) states and confirms that the Company has made the Allottee(s) aware of the availability of theApartment Buyer’s Agreement (hereinafter defined) at the Sales Office of the Company. The Allottee(s) confirms thatthe Allottee(s) has read and perused the Agreement, containing the detailed terms and conditions and in addition,the Allottee(s) further confirms to have fully understood the terms and conditions of the Agreement (including theCompany’s limitations) and the Allottee(s) is agreeable to perform his obligations as per the conditions stipulated inthe Agreement. Thereafter the Allottee(s) has applied for allotment of an apartment in the Said Complex and hasrequested the Company to allot an apartment. The Allottee(s) agrees and confirms to sign the Agreement in entiretyand to abide by the terms and conditions of the Agreement and the terms and conditions, as mentioned herein.

Anyone desiring to purchase an apartment will be required to execute two (2) copies of the Agreement (hereinafterdefined) for each Apartment to be purchased. The Agreement sets forth in detail the terms and conditions of salewith respect to the Said Apartment (hereinafter defined) and should be read carefully by each Allottee. The Allotteeis expected to read each and every clause of this Agreement carefully; understand the legal implication thereof, hisobligations and liabilities and obligations and limitations of the Company (hereinafter defined), as set forth in thisAgreement.

The Allottee shall thereafter, execute and deliver both copies of the Agreement to the Company within thirty (30)days from the date of dispatch of the Agreement through registered post by the Company. On failure of the Allotteeto return the duly signed Agreement within the stipulated time, the Application (hereinafter defined) of the Allotteemay be cancelled by the Company and on such cancellation the Earnest Money (hereinafter defined) and NonRefundable Amounts (hereinafter defined) paid by the Allottee shall stand forfeited and the Allottee shall be left withno right, title or interest whatsoever in the Said Apartment applied for by the Allottee.

This Agreement shall not be binding on the Company until executed by the Company through its authorized signatory.The Company will have the option in its sole discretion to either accept or reject the signed Agreement within 30days after receiving the Agreement from the Allottee. If the Company decides to accept the Agreement then a signedcopy of the Agreement will be returned to the Allottee for his / her reference and record and the other copy shall beretained by the Company.

The Company reserves the right to request thorough identification, financial and other information as it may so desireconcerning the Allottee. The Company may reject and refuse to execute the Agreement if it is found that the Allotteehas made any corrections / cancellations / alterations / modifications therein. The Company reserves the right toreject any agreement executed by the Allottee without any cause or explanation or without assigning any reasonsthereof and to refuse to execute the Agreement in which case the decision of the Company shall be final and bindingon the Allottee.

The Allottee confirms having read and understood the above instructions and each and every clause of the Agreementand the Allottee now executes the Agreement being fully conscious of his/ her rights and obligations and limitationsof the Company there under and undertakes to faithfully abide by all the terms and conditions of the Agreement.

Instructions for execution of the Agreement:

1. Kindly sign along with joint allottee, if any, on all places marked (x) in the Agreement including all annexures.

2. Kindly paste at the space provided, colour photographs including of joint allottee and sign across the photographs.

3. Both signed copies of the Agreement in its original form alongwith all annexures should be returned to theCompany by registered post (AD) /hand delivery only within the time stipulated.

4. Witnesses signatures to be done only on page.

PURCHASER/APPLICANT 2 DEVELOPERS/COMPANY

BUYERS AGREEMETTHIS AGREEMENT (the agreement) is made at BARDOG, Distt. SOLAN, Himachal Pradesh, on this ......... day of..........201......

BETWEENR.V. NIRMATA (P) Limited D-128 East of Kailash, New Delhi, a private limited company duly incorporated under thecompanies act 1956, having its Site Office at RD 93/600 Barog Bypass Road, NH-22, BAROG, Kalol, P.O. Kumarhatti,Dist. Solan, Himachal Pradesh, and its registered office at D-128, East of Kailash, New Delhi- 110065 (Hereinafterreferred to as the Promoter / Company which expressions shall, unless it be repugnant to the context or meaningthereof, be deemed to include its executors, administrators, successors and assigns) acting through its authorizedsignatory (ies);

ANDMr/Ms…………………………………………………………………………………………………...........................………

S/w/d/o…………………………………………………………………………………………………...........................……

R/o…………………………………………………………………………………………………………...........................…

JOINTLY WITH *Mr/Ms ……........................................…………………………………………………………………………………….

S/w/d/o ………............……………..............................……………………………………………………………………

R/o……………………………………………………………................................…………………………..................…

(To be filled up, if the allotment is in the joint name)

Hereinafter referred to as the purchaser (s) which expression shall unless excluded by or repugnant to the contextor meaning there of mean and include his/her/heirs, executors, administrators, successors.

Company and Purchaser(s) are hereinafter collectively referred to as the parties and individually referred to as theparty

COMPANY’S REPRESENTATIONSA. WHEREAS the Promoters are in possession of and are otherwise well sufficiently entitled to land Khasra Nos,

1099/605/338, 976/673/339/ & 978/674/339 admeasuring 8 Bighas 17 Biswas situated at RD 93/600, BarogBypass Road, NH-22, Mauza Barog, Pargana Bharoli Kalan, Teshil & District Solan, Himachal Pradesh ..(Hereafter referred to as the said ‘LAND’)

B. AND WHEREAS the Promoter propose to set up Apartments, Commercial & Ancillary Facilities on the saidland to be known as “THE WOODS” BAROG. This shall comprise of Housing, Commercial and Ancillary Facilities.

C. AND WHEREAS the lay-out plan of the said Apartments, Commercial Complex & Ancillary Facilities has beenapproved by Competent Authority. PROMOTERS have been duly registered with Himachal Pradesh Housing &Urban Development Authority, Shimla (Himachal Pradesh) Vide Registration No. 171 Dated 10/10/2006 andrenewed by H.P. T & C.P. Dept. on 10.10.2013 and have got LICENSE NO. HIMUDAlLlC-50/2010 dated 07/01/2010 renewed by H.P.T & C.P. Dept. on 07.01.2013. to conduct the business as Promoter for construction ofApartments, Commercial & Ancillary Facilities under Himachal Pradesh Apartment and Property RegulationAct, 2005 / H.P.T & C.P. amendment Act 2013 and rules made there under.

D. AND WHEREAS, the Company has obtained permission under section 118 of the Himachal Pradesh Tenancyand Land Reforms Act, 1972 and got License for the development of the Said Land. The Allottee has fullysatisfied himself about the nature of rights, title, and interest of the Company in the Said Land and has furtherunderstood all limitations and obligations in respect thereof. The Allottee has fully satisfied himself and understandsthe provisions of the Himachal Pradesh Apartment and Property Regulation Act, 2005 H.P.T & C.P. Act 1977 &its Amendment Act 2013 and the Himachal Pradesh Tenancy and Land Reforms Act, 1972 and other local lawsof Himachal Pradesh. The Allottee further agrees and understands that the Allottee may have to obtain permissions/


approvals from any competent authority under any applicable law in force, at the time of conveyance of the SaidApartment in his favour and the Company shall have no liability or responsibility of any nature whatsoever in thisregard. The Allottee further agrees to abide by the terms and conditions of all the permissions, sanctions,directions etc. issued by HIMUDA and/or other authorities in this regard in favour of the Company.

E. AND WHEREAS the Company has specifically made it clear that the layout plan of the Said Complex, has beenapproved by HIMUDA / D.T.C.P. Solan and/or concerned authority (ies). However, the Company may change thelayout plan/ apartments plan or the layout plan / apartments plan may also change due to any direction/condition imposed by HIMUDA / H.P.T & C.P. Dept. competent authority at any stage while approving therevised layout plan/ apartments plan, which shall be binding on the Allottee. The Allottee hereby agrees that itshall not be necessary on the part of the Company to seek consent of the Allottee for the purpose of making anychanges in the layout plan/ apartment plan in order to comply with the requirement/ direction/ condition imposedby HIMUDA / H.P.T & C.P. Dept. or any competent authority. The layout plan of the Said Complex as may beamended and approved from time to time shall supercede the tentative layout as already approved.

F. AND WHEREAS the Agreement is confined and limited in its scope to the sale of the Said Apartment. TheAllottee understands that the area of the Said Apartment or there about may be modified in future to the extentas may be required/ desired by the Company and the Company shall be free to carry out/ develop it in anymanner as it may deem fit and/ or pursuant/consequent to any direction/approval by HIMUDA / H.P. T & C.P.Dept. or any competent authority.

G. AND WHEREAS the purchaser has the full knowledge of the applicable laws, notifications rules and regulationsapplicable to the said land / Apartments, Commercial & Ancillary Facilities and is fully satisfied about the right,title and interest of the developers in the said land/ Apartments, Commercial Complex & Ancillary Facilities andthat the developers are entitled to execute the agreement.

H. AND WHEREAS pursuant to the above mentioned application for provisional allotment / registration, the Promotershave provisionally allotted an residential apartment to the purchaser and the purchaser has given his/her consentto the said allotment.

AND the allottee vide Application (hereinafter defined) has applied for allotment of said Apartment.

I. AND WHEREAS the purchaser has fully understood that the expression allotment where ever used in thisagreement shall always mean provisional allotment and shall remain so till such time a formal sale deed of theapartment has been executed in favour of the purchaser.

J. AND WHEREAS the Allottee has inspected the Said Land on which the Said Complex is being developedincluding the present layout plan tentative apartment plan tentative location plan ownership record of the SaidLand and all other documents, competency and all other relevant details and the Allottee has confirmed that theAllottee is fully satisfied in all respects with regard to the right, title and interest of the Company in the SaidLand on which the Said Apartment is being constructed and has understood all the limitations and obligationsof the Company and Allottee in respect thereof. The Allottee has fully satisfied himself and understands theprovisions of theHimachal Pradesh Apartment and Property Regulation Act, 2005 and the HimachalPradeshTenancy and Land Reforms Act, 1972 / H.P. T & C.P. Amendment Act 2013. The Allottee further agreesand understands that the Allottee may have to obtain permissions under the said Acts at the time of conveyanceof the Said Apartment in his favour. The Allottee confirms that the Allottee does not require any further investigationsin this regard and that the Allottee is fully satisfied in all respects.

K. AND WHEREAS the Allottee acknowledges that the Company has provided all the information and clarificationsas required by the Allottee and that the Allottee is fully satisfied with the same and the Allottee has relied on his/her own judgment and investigation in deciding to apply for purchase of the Said Apartment and has not reliedupon and/or is not influenced by any architect’s plans, advertisements, representations, warranties, statementsor estimates of any nature, whatsoever, whether written or oral made by Company, or any selling agents /brokers or otherwise including but not limited to any representations relating to the description or physicalcondition of the Said Complex/ Said Apartment. No oral or written representations or statements shall beconsidered to be a part of this Agreement and that this Agreement is self contained and complete in itself in allrespects.

L. AND WHEREAS the Allottee has further represented and confirmed that the Allottee has examined/ consideredall other similar property options available with other builders / developers in Barog, Himachal Pradesh or nearby


vicinity and also elsewhere and that the Allottee has found the Said Apartment to be of his choice and requirementfor residential purpose and that the Allottee has considered all the legal terms set out in this Agreement andconsulted his Legal Counsel and the Company about the legal implications and that the Allottee has no reservationabout the terms and conditions set out in this Agreement and accordingly the Allottee has now expressed hisdesire to enter into this Agreement.

M. AND WHEREAS the Company relying on the confirmations, representations and assurances of the Allottee tofaithfully abides by all the terms, conditions and stipulations contained in this Agreement, has accepted in goodfaith the Application and is now willing to enter into this Agreement on the terms and conditions appearinghereinafter.

AND WHEREAS this agreement constitutes the entire agreement between the parties and supersedes allprevious arrangements between the parties concerning the matters as are mentioned here in whether oral,written or implied.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY ANDBETWEEN THE PARTIES HERETO AS FOLLOWS:

DefinitionsIn this Agreement, unless repugnant or contrary to the context hereof, the following terms, when capitalized, shallhave the meanings assigned herein when used in this Agreement. When not capitalized, such words shall beattributed their ordinary meaning.

“Act” means Himachal Pradesh Apartment & Property Regulation Act, 2005 & Himachal Pradesh Apartment OwnershipAct, 1978, / H.P.T & C.P. Act 1977 and its Amendment Act 2013 or any other rule, statutory enactment, amendmentor modification thereof.

“Additional PLC” means the charges payable in addition to the PLC for the Said Apartment being additionallypreferentially located, which shall be calculated percentage basis over & above the price, based on the Super Areaof the Said Apartment.

“Agreement” means this apartment buyer’s agreement to be executed by the Applicant and the Company.

“Allottee” means the Person who is entering into this Agreement with the Company for the allotment of the SaidApartment in the Said Complex, whose particulars are set out in this Agreement.

“Application” means whole of the Application form of the Allottee dated including all annexure, schedules, termsand conditions for allotment of the Said Apartment in the Said Complex.

“Built up Area” shall have the meaning ascribed to it in Annexure-II of this Agreement.

“Company / Promoter” means R.V. Nirmata Pvt. Ltd. having its registered office at D-128, East of Kailash, NewDelhi-110065 and includes its affiliates, sister concerns, subsidiary (ies), & associate(s)

“Common Areas & Facilities” means such common areas and facilities within the Said Complex earmarked forcommon use of all apartment commercial shop allottees, limited to and precisely listed in Annexure-IV.

“Conveyance Deed” means deed of conveyance which shall convey the title of the Said Apartment in favour oftheAllottee, in accordance with this Agreement.

“Development Charges (DC)” means the charges for development levied/leviable on the Said Complex, if any, bythe Himachal Pradesh Government or any other competent authority (ies) and also includes any increase in suchdevelopment charges, by whatever name called or in whatever form and with all such conditions imposed by theHimachal Pradesh Government or any other competent authority (ies). “Declaration” shall mean the declaration(including any amended declaration) filed/to be filed under the Act, with the competent authority, with regard to theSaid Apartment / Said Complex.

“Earnest Money” is deemed to be the amount of 20% of the total Basic Price of the Apartment paid by the Allotteefor due fulfillment of the terms of the Application.


“Force Majeure” means any event or combination of events or circumstances beyond the control of the Companywhich 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 Company’s abilityto perform obligations under this Application, which shall include but not be limited to:

a) Acts of God. i.e. fire, drought, flood, earthquake, epidemics, natural disasters;

b) Explosions or accidents, air crashes and shipwrecks, acts of terrorism;

c) Strikes or lock outs, industrial dispute;

d) 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.

e) War and hostilities of war, riots, bandh, act of terrorism or civil commotion;

f) The promulgation of or amendment in any law, rule or regulation or the issue of any injunction, court order ordirection from any governmental authority that prevents or restricts a party from complying with any or all theterms and conditions as agreed in this Application;

g) Any legislation, order or rule or regulation made or issued by the Govt. or any other authority or if any competentauthority (ies) refuses, delays, withholds, denies the grant of necessary approvals for the Said Complex or if anymatters, 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; or

h) Any event or circumstances analogous to the foregoing.

“Governmental Authority” or “Governmental Authorities” shall mean any government authority, statutoryauthority, government department, agency, commission, board, tribunal or court or other law, rule or regulationmaking entity having or purporting to have jurisdiction on behalf of the Republic of India or any state or othersubdivision thereof or any municipality, district or other subdivision thereof, and any other municipal/ local authorityhaving jurisdiction over the land on which the Said Complex/ Said Building is situated;

“Interest Free Maintenance Security (IFMS)” means the interest free maintenance security of Rs. 538/- persq.mtr (Rs. 50/- per sq.ft.) of the Super Area of the Said Apartment to be paid by the Allottee, as security for thepayment of the Maintenance Charges, payable as per the payment plan to the Company / Maintenance Agency.

“Maintenance Agency” means the person (s) who shall carry out the maintenance and upkeep of the SaidComplex and who shall be responsible for providing the maintenance services within the Said Complex which can bethe Company its nomined agency or association of apartment owners or such other agency / body / company /association of condominium to whom the Company may handover maintenance of the Said Complex.

“Maintenance Agreement” means the maintenance agreement to be executed by the Allottee with the MaintenanceAgency which shall be substantially in the form annexed as Annexure-VII to this Agreement”Maintenance Charges”means the maintenance charges payable by the Allottee to the Maintenance Agency (in accordance with thedemand raised by the maintenance agency for the maintenance and upkeep of the Said Complex, including CommonAreas and Facilities)but does not include; (a) the charges for actual consumption of utilities in the Said Apartmentincluding electricity, water, which shall be charged based on actual consumption on monthly basis or such otherperiods as specified by the Maintenance Agency and (b) any statutory payments, Taxes and Cesses etc. withregard to the Said Apartment /Said Complex. (The details of Maintenance Charges shall be more elaborately describedin the Maintenance Agreement.)

“Non Refundable Amounts” means interest paid or due on delayed payments, deduction of brokerage paid by theCompany, if any, etc.

“Person” shall mean any individual, sole proprietorship, unincorporated association, body corporate, corporation,joint venture, trust, any governmental authority or any other entity or organization.

“Preferential Location Charges (PLC)” means charges for each of the preferential location attribute(s) of the SaidApartment payable/ as applicable to be calculated on percentage basis over and above the Basic Price of the SaidApartment, as mentioned in this Application.


I/We request that I/We may be registered for the Provisional Allotment of a Residential Apartment in the “THEWOODS” BAROG, being developed by M/s R.V. Nirmata (P) Ltd. (hereinafter referred to as the Promoter/Company)on a parcel of land admeasuring approximately 8 Bighas, 17 Biswas (7434 mtrs.) Situated at RD 93/600, Barog By-Pass Road, NH-22, Mauza Barog, Kalol, P.O. Kumarhatti, Tehsil & Dist. Solan (H.P.)

“Said Apartment” shall mean the specific apartment, applied for by the Allottee in the Said Complex, details ofwhich have been set out in the Agreement and includes any alternative apartment, if allotted to the Allottee in lieu ofthe Said Apartment.

“Super Area” means area for the purpose of calculating the sale price of the Said Apartment, shall have themeaning as stated in Annexure-II.

“Taxes and Cesses” shall mean any and all taxes paid/payable by the Company and/or its contractors (includingsub-contractors), suppliers, consultants, etc. by way of value added tax, state sales tax, central sales tax, workscontract tax, service tax, cess, educational cess, worker’s welfare cess or any other taxes, charges, levies bywhatever name called, in connection with the construction of the Said Apartment / Said Complex, now or in future.

“Total Price” means the amount amongst other payable for the Said Apartment which includes Basic Sale Price,PLC (if the Said Apartment is preferentially located), and Additional PLC (if the Said Apartment is additionallypreferentially located) calculated on per sq mtr. / per sq .ft. basis of the Super Area but does not include otheramounts, charges, security amount etc., which are payable as and when demanded by the Company in accordancewith the terms of this Application / Agreement, including but not limited to-

i) DC, increase in DC, wealth tax, and government/local body rates tax on land or any construction, fees orlevies of all and any kinds by whatever name called on the Said Complex.

ii) IFMS

iii) Maintenance charges, property tax, Service tax, levies & changes on the Said Apartment.

iv) Stamp duty, registration and incidental charges as well as expenses for execution of the Agreement andconveyance deed etc.

v) Club & other Charges.

vi) The cost for electric and water meter as well as charges for water and electricity connection and consumption.

vii) Any other charges / taxes / cess / levies that may be payable by the Allottee as per the other terms of theAgreement and such other charges as may be demanded by the Company.

viii) Club charges, as applicable

ix) Escalation Charges.

x) Cost for providing power back up for services including that of equipments, DG set, cabling, installation etc.

xi) All deposits and charges paid/payable by the Company to Himachal Pradesh State Electricity Board(HPSEB) or any other body.

xii) Charges / deposits / costs for creating HT feeder for tapping electricity from State Electricity Board’ssource up to receiving point of the Said Complex. The proportionate changes for installation electric substationincluding transformers LT/HT Lines distribution panels, meters, firefighting equipment & fire safety measuresetc at the time of possession.

xiii) Charges/cost of providing sewer, storm water and water connection to the Said Complex from the mainline serving the Said Complex.

Which amounts shall be payable by the Allottee in accordance with the terms and conditions of the Application /Agreement and as per the demand raised by the Company from time to time.


InterpretationUnless the context otherwise requires in this Agreement:

a) The use of words importing the singular shall include plural and masculine shall include feminine genderand vice versa;

b) Reference to any law shall include such law as from time to time enacted, amended, supplemented or re-enacted;

c) reference to the words “include” or “including” shall be construed without limitation;

d) Reference to this Agreement, or any other agreement, deed or other instrument or document shall beconstrued as a reference to this Agreement or such agreement, deed or other instrument or document asthe same may from time to time be amended, varied, supplemented or notated.

The Allottee agrees that wherever in this Agreement, it is explicitly mentioned that the Allottee has understood oracknowledged obligations of the Allottee or the rights of the Company the Allottee has given his consent to theactions of the Company. The Allottee in furtherance of the same shall do all such acts, deeds or things and/orexecute such documents/deeds in favour of the Company, as may be deemed necessary.

1.1 In accordance with and subject to the terms and conditions set out in this Agreement, the Company agrees tosell to the Allottee and the Allottee hereby agrees to purchase, the Said Apartment in the Said Complex, asdetailed below-

Said Apartment No. : ………………………….

Super Area: ………………..sq. mtr.(………………. sq. ft. approx)

Basic Sale price: Rs…………………../ (Rupees ……………………………………………only)

PLC, as applicable

Total Price payable for the Said Apartment Rs……………………………………………………/

Rupees………………………………………………………………………………………….... only)

1.2 The Allottee agrees and understands that the price of the Said Apartment is based on the price of materialsand labour charges pertaining thereto on and around Oct. 2014. If, however, during the progress of constructionupto the expiry of Twenty Four (24) months from the abovementioned date, there is an increase/decrease in theprice of the materials used in the construction work and/or labour charges (hereinafter referred to as EscalationCharges), the same shall be recoverable/payable respectively by /to the AllotteeIn order to ensure a fair andtransparent methodology for computation of Escalation Charges, the Company shall take the respective ReserveBank of India (RBI) Indexes as published in the RBI Monthly Bulletin for steel, cement, fuel & power, otherbuilding construction material and labour as the basis of such computation and the Allottee agrees and accepts,that by choosing these independent RBI Indexes, the Company is ensuring the highest level of fairness andtransparency. The respective RBI Indexes for the computation of the Escalation Charges in the cost of constructionand labour cost are as below:-

Steel- Index published as Steel- Long in the category of Basic Metals, Alloys & Metal Products.

Cement - Index published as Cement & Lime in the category of Non - Metallic Mineral Products.

Fuel & Power- Index published as Fuel & Power.

Other Building Construction materials - Index published as All Commodities in the Index Numbers ofWholesale Prices in India.

Labour - Index published as Consumer Price Index Numbers for Industrial Workers of Himachal Pradesh.


It is mutually agreed and binding between the Allottee and the Company that 50% of the Basic Sale Price of the SaidApartment, shall be treated as construction cost for the purpose of computation of Escalation Charges. It is furthermutually agreed that within the above stated construction cost, the components of steel, cement, other constructionmaterials, fuel and power and labour shall be 15%, 10%, 40%, 5% and 30% respectively of the construction cost.Escalation charges shall be computed at the expiry of Twenty Four (24) months i.e. Oct. 2016. The RBI indexes forthe month of Oct, 2016 and for the month Oct, 2014 & Oct, 2016 shall be taken as the opening and closing indexesrespectively to compute the Escalation Charges.

The Company shall appoint a reputed firm of Chartered Accountants to independently audit and verify the computationof escalation charges done by the Company from time to time. Such audited and verified Escalation Charges shallbe paid/refunded (or adjusted), as the case maybe, by/to the Allottee before the offer of possession of the SaidApartment to the Allottee.

Escalation Charges, as intimated to the Allottee shall be final and binding on the Allottee. Such escalation/ reductioncharges shall, however, be subject to a maximum of + / -5% of the Basic Sale Price of the Said Apartment. TheAllottee agrees and understands that any default in payment of the Escalation Charges shall be deemed to be abreach under the terms and conditions of the Agreement. No possession shall be handed over to the Allottee unlessEscalation Charges are paid in full along with delayed interest, if any, as mentioned in Article -4.

An example enclosed herewith as Annexure- III illustrates the computation of Escalation Charges

1.3 The Allottee understands and agrees to pay increases, if any, due to increase in Super Area, increase in DC,increase on account of additional fire safety measures undertaken, increases in all types of security, deposits,charges and increase thereof for bulk supply of electrical energy and all other increases in cost/ chargesincluding IFMS, specifically provided for in this Agreement and/ or any other increases in charges which maybe levied or imposed by the Government Authorities from time to time or as stated in this Agreement.

1.4 The Allottee shall make the payment of the Total Price as per the payment plan opted by the Allottee as setout in Annexure-I to this Agreement along with all other charges, Taxes and Cesses, securities, deposits,etc. or any increase thereof, as mentioned in this Agreement which shall be payable by the Allottee as andwhen demanded by the Company. In the event the Allottee fails to pay as per the payment plan, and suchother charges within the period mentioned in the demand letter, then the Allottee authorizes the Company tocancel the allotment and on such cancellation, the Allottee consents and authorizes the Company to forfeitthe Earnest Money, along with all Non- Refundable Amounts and thereafter the Company shall refund thebalance amount to the Allottee without any interest, only upon realization of the money from re-sale/re-allotment of the Said Apartment.

1.5 The Allottee understands that the building plan/ layout plan of the Said Apartment / Said Complex are approvedby the HIMUDA and further the building plan/ layout plan is subject to change as directed by the HIMUDA and/or concerned authorities.

1.6 The Allottee agrees that the Total Price of the Said Apartment is calculated on the basis of its Super Area onlywhich is tentative. The final Super Area ofthe Said Apartment may increase or decrease. Any such change inthe Super Area shall be communicated to the Allottee during or after the construction of the Said Complex iscomplete and the occupation certificate in respect of the same has been granted by the Governmental Authority(ies). The Allottee agrees and undertakes to pay for increase, if any, in the Super Area ofthe Said Apartmenton demand by the Company. If there shall be a reduction in the Super Area, then the refundable amount dueto the Allottee shall be adjusted in the next installment by the Company as set forth in the schedule ofpayments. Annexure-I

1. 7 The Allottee agrees and understands that the Super Area as on the date of execution of this Agreement shallbe subject to change till the construction of the Said Apartment/Said Complex is complete. The Allotteeaffirms that the Allottee shall have no right to raise any kind of objection/dispute/claim at any timewith respect to the basis of charging the Total Price or any change in the Super Area as mentioned inAnnexure-II.

1.8 The Allottee agrees and understands that in addition to Total Price, the Allottee shall be liable to pay all Taxesand Cesses or any other statutory government taxes or levies which may be announced from time to time,which shall be charged and paid as follows:-

a) A sum equivalent to the proportionate share of Taxes and Cesses shall be paid by the Allottee to theCompany.


b) The Company shall periodically intimate to the Allottee herein, on the basis of certificates from a CharteredEngineer and/ or a Chartered Accountant, the amount payable as stated above which shall be final andbinding on the Allottee and the Allottee shall make payment of such amount within 30 (thirty) days of suchintimation.

1.9 The Allottee agrees that the Company shall execute the Conveyance Deed on or after the completion of theSaid Apartment in favour of the Allottee, provided the Allottee has paid the Total Price and other charges/payments and all deposits/securities mentioned in the Agreement and the Allottee is not in breach of any ofthe terms of this Agreement. The Allottee shall be liable to pay all fees, duties, expenses, costs, etc.,including stamp duty, registration charges, transfer duty, corporation tax, and all other incidental and legalexpenses for the execution and registration of the Conveyance Deed of the Said Apartment. The Allotteeagrees to pay such amounts / charges as and when demanded by the Company within the stipulated periodas mentioned in the demand letter. In case the Allottee fails to pay such amounts/charges within the periodmentioned in the demand letter, the Company shall have the right to cancel the allotment and forfeit theEarnest Money, alongwith the Non-Refundable Amounts and refund the balance amount to the Allottee withoutany interest only upon realization of money from re-sale/re-allotment of the Said Apartment to any otherperson. The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act1899 and Registration Act, as amended upto date, including any actions taken or deficiencies / penaltiesimposed by competent authorities.

1.10 The Allottee agrees that any payment towards DC levied/livable by the Government of Himachal Pradesh orany other competent authority (ies) shall be paid by the Allottee and any further increase in DC by whatevername called or in whatever form and with all such conditions imposed, by the Government and/ or anycompetent authority (ies) shall also be paid by the Allottee. The pro- rata demand made by the Company tothe Allottee with regard to DC / increase in DC shall be final and binding on the Allottee. If the DC/ increasedDC is not paid, then same shall be treated as nonpayment of the charges due as per the Application/Agreement and the Company shall be entitled to cancel the Agreement and forfeit the Earnest Money alongwith the Non Refundable Amounts. If the DC / increased DC is levied (including with retrospective effect) afterthe Conveyance Deed has been executed then the same shall be treated as unpaid sale price of the SaidApartment and the Company shall have the first charge and lien over the Said Apartment till such unpaidcharges are paid by the Allottee.

1.11 (a) The Company may provide power back up for services in / to the Said Complex. The power back up may bemade available through DG sets of suitable capacity installed within the Said Complex or anywhere else.The Allottee agrees that the Applicant shall not install any individual DG sets for the purpose of power back-up in the Said Apartment. However, the Company, upon a request from the Allottee, may allow the usage ofeco-friendly non-polluting inverters for the same.

(b) The Total Price mentioned in this Agreement is inclusive of cost of providing electric wiring and switches inSaid Apartment.

However, the Total Price does not include the cost of electric and water meter etc. which shall be gotinstalled by the Allottee at his own cost as well as the charges for water and electricity connection andconsumption. The Fire Fighting equipment in the common area to be provided as per existing Fire FightingCode/Registrations and as contained in the National Building Code 2005 and due to any subsequent legislation/ government order or directives or guidelines or if deemed necessary by the Company or any of its nominees,and additional Fire safety measures are undertaken, then the Allottee agrees to pay the additional expenditureincurred thereon on a pro rata basis along with other allottees as determined by the Company in its absolutediscretion and determination of such pro-rata share shall be final and binding upon the Allottee.

(c) The Allottee shall be charged on monthly basis for all the costs relating to power consumed by them asindicated in the meter, which may be installed by the Company/its nominee/ Maintenance Agency at thecost of the Allottee. The Company/its nominee/Maintenance Agency shall charge for the power consumedbased on expenditure incurred for consumables like diesel, spares, depreciation and other wear and tearetc, at cost plus 20 basis and the same would be billed as a part of the maintenance bill which will alsoinclude other charges for maintenance and upkeep of the Said Complex, as described above. Failure to paythe maintenance bill including the cost of power back up as described above, shall entitle the Company/itsnominee/Maintenance Agency to withhold the provision of maintenance services including the electricitysupply and the provision to this effect shall be incorporated in the Conveyance Deed.


1.12 The Allottee agrees that no car shall be allowed inside the Said Complex except in the designated parkingareas of the Said Complex.

1.13.1 In addition to the Total Price and other charges mentioned in the Application/Agreement, the Allottee shall payamounts towards the club facility to be provided anywhere inside or outside the Said Complex, such as:

a) Membership Fees : Rs. 50,000/- for first 3 years

b) Annual Club Charges : Rs. …………………………………..

c) Refundable Security Deposit : Rs. ……………………………………

The above amounts shall be paid by the Allottee as and when demanded by the Company/agency. TheAllottee understands that the above charges are subject to revision at the sole discretion of the Company orthe agency managing the club and the Allottee undertakes to abide by the same. In addition to the above, theAllottee shall be liable to pay usage charges in accordance with the usages and services availed by theAllottee and the Allottee shall be required to sign and execute necessary documents for the membership ofthe club which shall contain the detailed terms and conditions of membership of the club and the Allottee shallbe bound by the same. The Allottee understands that the Company shall be free to offer membership of theclub facility to prospects, other than the residents of the Said Complex, on terms and conditions as it maydeem to be fit

1.14a) Subject to the terms and conditions of this Agreement and upon execution of Conveyance Deed the Allotteeshall have the following rights with regard to the Said Apartment:

i) Ownership ofthe Built-up Area only.

ii) Undivided proportionate interest and right to use the Common Areas and Facilities within the SaidComplex. Since the interest of Allottee in the Common Areas and Facilities (as listed in Part A ofAnnexure-IV of this Agreement) is undivided and cannot be separated, subject to timely payment ofMaintenance Charges, the Allottee shall use the Common Areas & Facilities harmoniously along withother allottees, maintenance staff etc., without causing any inconvenience or hindrance to them.

iii) Right to only use the general common areas and facilities within the Said Complex limited to andprecisely listed in Part B of Annexure-IV of this Agreement, which may be earmarked by the Companyas commonly used areas by all apartment allottees in the Said Complex. The Allottee acknowledgesthat these general common areas and facilities have not been included in the computation of Super Areaof the Said Apartment.

iv) Right to use the common areas as earmarked in map annexed as Annexure-IVA.

1.15 The Allottee acknowledges and confirms that the Allottee has not paid any amount towards any other lands,areas, facilities and amenities including but not limited to those listed below, and as such, the Allottee shallhave no right or interest of any nature whatsoever in the same and the same are specifically excluded from thescope of this Agreement. The Allottee acknowledges that the ownership of such land, areas, facilities andamenities shall vest solely with the Company and they alone shall have sole right and absolute authority todeal with the same including their usage and manner / method of use, disposal etc., creation of rights in favourof any other Person by way of sale, transfer, lease, joint venture, collaboration or any other mode includingtransfer to government, semi-government, any other Person.

i) All lands (except the general commonly used areas and facilities within the Said Complex earmarked forcommon use, limited to and precisely listed in Part-B of Annexure-IV of the Agreement), or any otherfacility or amenity as may be provided by the Company at its sole discretion or as provided in accordancewith the directions of any competent authority(ies) including any facilities, amenities etc., are specificallyexcluded from the scope of this Agreement and the Allottee, shall not have any right of any naturewhatsoever in such lands, areas, facilities and amenities within the Said Complex/ Said Land.

ii) Allland(s) [other than usage of land(s) earmarked by the Company in the layout plan as may be approvedfrom time to time or otherwise as public roads, public streets for exiting only for use by general public]falling outside the periphery/boundary of the Said Land (listed in Part D of Annexure-IV) are clearlyoutside the scope of this Agreement and the Allottee shall have no right of any nature whatsoever in suchlands.


iii) Any additional construction on the Said Land and/ or additional buildings in and around the Said Land,which the Company may construct in order to utilize the additional FAR if any, to the Said Complex.

1.16 The Allottee acknowledges that the Company may, at its sole discretion, make the Said Complex part of anyother adjacent project that has already come into existence or may be constructed in future at any time orkeep it separate as an independent estate or the Company may make any other building or project, constructedor to be constructed, part of the Said Complex and the Allottee shall not raise any objection for such formation.In the event of any such formation, the undivided interest in the Common Areas and Facilities may vary andthe Allottee agrees to be bound by such change as may be specified by the Company in theDeclarat ion.The decision of the Company in this respect shall be final and binding upon the Allottee. The Allottee agreesand acknowledges and gives his consent to the Company to connect the services in the Said Complex and/or give access within the Said Complex to any building or project that may come into existence now or infuture and to amend the Declaration already filed.

1.17 The Allottee acknowledges and confirms that the Allottee has read and understood the Act and the implicationsthereof in relation to the various provisions of this Agreement and the Allottee is in full agreement with theprovisions of this Agreement in relation to the Act and shall comply and shall be bound by the provisions of theAct, as and when applicable and from time to time or any statutory amendments or modifications thereof orthe provisions of any other law (s) dealing with the matter.

1.18 The Allottee undertakes to do all acts, things, deeds including pres en t himself as may be required for theexecution and registration of any deed in respect of the Said Apartment as the Company so desire to complywith the provisions of the Act.

1.19 The Allottee undertakes to join any association formed under relevant provisions of the Act and pay any fees,charges thereof and complete such documentation and formalities as may be deemed necessary by theCompany for this purpose. The Allottee also undertakes to join the master association if and when formed bythe Company or its nominee(s) for a part or whole of the Said Land .The draft application form for becoming amember of the association of the apartment /villa plot owners is substantially given in Annexure -VIII to thisAgreement.

1.20 Bulk supply of Electrical EnergyIn the event the Company (or its nominee) decides to apply for and thereafter receives permission, fromHimachal Pradesh State Electricity Board Limited (HPSEB Ltd.)/ Himachal Pradesh Electricity RegulatoryCommission (HPERC) or from any other body / commission/ regulator / licensing authority constituted by theGovernment of Himachal Pradesh for such purpose, to receive and distribute bulk supply of electrical energyin the Said Complex, then the Allottee undertakes to pay on demand to the Company (or its nominee)proportionate share as determined by the Company (or its nominee) of all deposits and charges paid/ payableby the Company (or its nominee) to (HPSEB Ltd.)/ (HPERC) or any other body/commission/regulatory /licensing authority constituted by the Government of Himachal Pradesh, failing which the same shall betreated as unpaid portion of the Total Price payable by the Allottee for the Said Apartment and the conveyanceof the Said Apartment shall be withheld by the Company till full payment thereof is received by the Company(or its nominee) from the Allottee. Proportionate share of cost, incurred by the Company (or its nominee) forcreating infrastructure like HT Feeder, EHT Substation etc. shall also be payable by Allottee on demand.Further the Allottee agrees that the Company (or its nominee) shall be entitled in terms of the MaintenanceAgreement to withhold electricity supply to the Said Apartment till full payment of such deposits and chargesis received by the Company (or its nominee). Further in case of bulk supply of electrical energy, the Allotteeagrees to abide by all the conditions of sanction of bulk supply including but not limited to waiver of theAllottee’s rights to apply for individual/ direct electrical supply connection directly from (HPSEB Ltd.) / (HPERC)or any other body responsible for supply of electrical energy. An undertaking in this regard executed by theAllottee is attached as Annexure-IX to this Agreement. The Allottee agrees to pay any increase in thedeposits, charges for bulk supply of electrical energy as may be demanded by the Company (or its nominee),from time to time.


ARTICLE 1SALEThat the Developers hereby agree to sell to the Purchaser an Apartment ……………………………………………………

..................……………………………………………………………..……..........................................................here-in-after referred has said Apartment.

ARTICLE 2SALE CONSIDERATION2.a. CONSIDERATIONI. In accordance with and subject to the terms and conditions set out in this Agreement, the Company agrees to

sell to the Allottee and the Allottee hereby agrees to purchase, the Said Apartment in the Said Complex, asdetailed below-Said Apartment No. : ………………………….

Super Area: ………………..sq. mtr.(………………. sq. ft. approx)

Basic Sale price: Rs…………………../- (Rupees ………………………………………………………………only)

PLC, as applicable

Total Price payable for the Said Apartment Rs…………………………………………………………….............…/

Rupees……………………………………………………………………………………….................................only)

II. That the purchaser shall pay the basic price and other charges on the basis of “super area” defined in Annex-II

III. Pay order / draft to be issued in favour of “M/S RV. Nirmata (P) Ltd.” payable at New Delhi or at New Delhi.

2. b. BOOKING! REGISTRATION AMOUNTOut of the total consideration in accordance with the payment plan opted; the purchaser has already paid the under-mentioned amount for purchase of the said apartment to the company towards part payment of booking/registrationamount, as earnest money.

Cheque No. Dated Drawn on Amount

The receipt whereof, the Company does hereby acknowledge. The Purchaser(s) agree/s to pay the balance staleconsideration as per the Payment Plan annexed herewith.

2. c. PAYMENT PLANThe Purchaser agrees to pay the balance amount of the consideration in accordance with the payment plan opted bythe purchaser and annexed with the agreement as Schedule A. If the Purchaser fails to pay the balance considerationor in the event of any delay in payment of any installment and or other charges in accordance with the payment plan,the Purchaser shall be liable to pay interest calculated from the due date of outstanding amount @18% per annumcompounded quarterly for the first 90 days and there after @24%.

2. d. TIME IS ESSENCEThat the timely payment of each installment and other charges payable under the agreement and the payments planopted by the Purchaser shall be the essence of this agreement. It shall be incumbent on the purchaser to complywith the terms of payment and lor other terms and conditions of sale as stipulated in the agreement.


2. e. ADJUSTMENT & INSTALLMENTIt is agreed between the parties that the developers shall adjust the installment amount received from the Purchaserfirst towards the interest and other sums, if any, due from the Purchaser under this agreement and the balance, ifany towards the consideration, in case, at any stage the Purchaser seeks cancellation of allotment and refund of theamount deposited by him as per clause 2g.

2. f. EARNEST MONEYThe Purchaser(s) agree/s that out of the amount(s) paid/ payable by him/ her/ them towards the Sale consideration,20 of the Basic Sales Price shall form as Earnest Money to ensure fulfillment by the Purchaser(s) of the terms andconditions, as contained herein.

That the Purchaser(s) further agree/s that in the event purchaser(s) fails to pay the Sale consideration/ installmentsalong with interest even after ninety (90) days from the due date of payment of the outstanding amount or in the eventof breach of any of the terms and conditions of Agreement by Purchaser(s), the Company reserves its right to forfeitthe Earnest Money along with brokerage/ commission paid by the Company for such booking, as per rules andcancel the allotment. The remaining balance amount shall be refunded to the Purchaser(s) after deducting earnestmoney, brokerage/ commission paid, interest fallen due on delayed payments or other charges, if any, payableunder the Agreement. Thereupon, the Purchaser(s) shall have no lien or claim on the allotted said Apartment and theCompany will be entitled to resell the same. The dispatch of Cheque of refund by registered post / speed-post to thelast address available with the company, shall be full and final discharge of all the obligations on the part of thecompany of its employees and the Purchaser(s) will not raise any objection or claim on the company after this. If theamount paid by the Allottee is less than the forfeitable amount, then the Allottee undertakes to make good theshortfall of the forfeitable amounts. The company may at its sole discretion condone the breach committed byPurchaser(s) and may revoke cancellation of the allotment provided that the said Premises has been allotted/ re-allotted to any other person till the date of restoration and the Purchaser(s) agrees to pay the unearned profits(difference between the booking price and prevailing sales price) in proportion to the total amount outstanding on thedate of restoration and subject to such additional conditions/ undertaking as may be decided by the CompanyHowever, it is agreed between the parties that the Company shall adjust the payments received from the Purchaser(s) first towards the interest due, if any, and then towards the Sale consideration. The company may at its solediscretion waive the breach by the Purchaser(s) in not making payments as per the Payment Plan but such waivershall not mean any waiver in the interest amount and the Purchaser(s) have to pay the full amount of interest due.

2. g. FAILURE / DELAY IN PAYMENTIn the event the Purchaser fails to pay any installments with interest within 90 days from the due date, the developersshall have the right to forfeit the entire money of booking /earnest /registration money deposited by the Purchaserand in such a case the allotment of the said Apartment shall stand cancelled and the Purchaser shall be left with noright or lien on the said Apartment And the Developers would be free to sell the same. The amount paid, if any, overand above the registration earnest money shall be refunded by the developers without interest after adjustment ofinterest accrued on the delayed payments if any, and, any other charges, due from the Purchaser. The Companyshall not liable to pay to purchaser any other charge, damage, or compensation.

If there is delay or default in making payment of the installments by the Purchaser(s), then the purchaser(s) shallpay to the company interest which shall be charged @ 18% per annum from the due date of payment of installmenton monthly compounded basis for the first 90 days thereafter @ 24%.

In addition to the Purchaser(s) liability to pay interest as mentioned hereinabove, the Purchaser(s) shall also beliable to pay and reimburse to the Company, all the costs, charges and expenses whatsoever, which are borne, paidand/ or incurred by the Company for the purpose of enforcing payment of and recovering from the Purchaser(s) anyamount’s or duels whatsoever payable by the Purchaser(s) under this Agreement.

Without prejudice to the Company’s right as aforesaid, the Company shall be entitled to claim the amount of loss/damages suffered by the company on resale of the said Premises and any other costs, charges and expenseswhich may be incurred by the Company in that behalf. Upon the cancellation of the booking, the Company shall beat a liberty to sell or otherwise dispose of the said premises to any other person/ party whomsoever, at such mannerand on such terms and condition as the Company may in its sole, absolute and unfettered discretion think fit andproper and the Purchaser(s) shall not be entitled to raise any objection or dispute in this regard.


2.h. PREFERENTIAL LOCATIONTHAT the Developers, Apart from basic price, shall fix Preferential location charges (PLC) of the Apartment and if thepurchaser opts for booking of any such Apartment, he/she also be liable to pay such additional charges as are fixedfor such Preferentially located units.

Conversely, if the Apartment opted ceases to be preferentially located, the developers shall adjust the PLC (withoutinterest) paid by the purchaser at the time when the apartment is offered for possession.

2. i. PAYMENTS OF COSTSA) All costs charges and expenses payable on or in respect of this agreement and on all other instruments anddeeds to be executed pursuant to this agreement, including stamp duty amount, registration and other relatedcharges shall be borne and paid by the purchaser. However, to conclude this transaction it shall be the obligationand responsibility of both the Developers and the Purchaser to register a sale deed conveying freehold title of theApartment in favour of the Purchaser at the cost and expense of the purchaser (8)

B) Further, if there is any additional levy, rates, or charge of any kind attributable to the Apartment as a consequenceof any notification or order of government! Statutory or other local authority, the same if applicable, shall also bepayable by the Purchaser on pro -rata basis.

2. j. DESIGN AND SPECIFICATIONThat at the time of taking over the possession of the Apartment, the Purchaser shall satisfy himself about thedesign, specification etc. of the said Apartment and shall have no claim against the developers in respect of anywork in the Apartment, which may be said not to have been done or carried out or completed or for any alleged noncompliance of any design, specification, building material etc.

That the Purchaser shall not make any such addition or alterations in the Apartment so as to cause blockage orinterruption in the common areas and facilities within Project and/or to cause any structural damage or encroachmentto the structure. In case the Purchaser desires to make any changes structural or otherwise, the Purchaser shalltake approval/sanction from the appropriate authority as well as the Developers.

ARTICLE 3MAINTENANCEMaintenance of the Said ComplexIn order to provide necessary maintenance services, the maintenance of the Said Complex is to be done by theMaintenance Agency. The Allottee agrees to execute a Maintenance Agreement (draft given in Annexure-VII to thisAgreement) with the Maintenance Agency which can be the Company, its nominated agency or any other nominee/ agency or other body / association of apartment owners as may be appointed by the Company from time to timefor the maintenance, upkeep of the Said Complex. The Maintenance Agreement shall not be deemed to be executedtill the same is signed by all the parties. The Allottee further undertakes to abide by the terms and conditions of theMaintenance Agreement and to pay promptly all the demands, bills, charges as may be raised by the MaintenanceAgency from time to time. The Company reserves the right to change, modify, amend, and impose additionalconditions in the Maintenance Agreement at the time of its final execution. The Maintenance Charges shall becomeapplicable / payable after the date of offer of temporary possession for interiors/possession from the date theCompany has received the occupation certificate / the date of allotment whichever is earlier. It is further specificallyclarified that the draft Maintenance Agreement, set out in Annexure-VII is merely an indicative agreement that isproposed to be entered into with the Allottee for maintenance and upkeep of the Said Complex, however, if at anytime, after having taken over the Said Complex, the Maintenance Agency which may be Company, said associationof apartment owners/condominium of association decides to modify, alter, add, delete anyone or more of the termsand conditions of the Maintenance Agreement, the Allottee shall not have any objection to the same and shallexecute the Maintenance Agreement as may be required by the Maintenance Agency or association of apartment/villa/plot owners or association of condominium or its nominees or assigns.

3. a. CHARGES3.a(i) THAT the Purchaser(s) shall pay maintenance charges for upkeep and maintenance of various commonservices and facilities (excluding internal maintenance of the Apartment) in the Project, as determined by the developersor its nominated agency. The maintenance charges as determined by developers/nominated maintenance agency at


the time of offer of possession shall be payable in advance for a period of 02 years along with applicable service Tax,before the possession of the floor is handed over to the Purchaser(s). The Developers reserve the right to revisethese maintenance charges after expiry of the period of two years and the purchaser(s) undertakes to pay suchrevised charges as determined by the Developers or the nominated maintenance agency.

3.a(ii) THAT for upkeep and maintenance of various common services and facilities (excluding internal maintenanceAgency/Company at the rate determined by the Company or the Maintenance Agency at the time of issuance ofnotice for possession for a period of two years in advance.

3.a(iii) THAT in addition to payment of maintenance charges, Purchaser(s) shall pay interest Free MaintenanceSecurity (IFMS) Deposit @ Rs. 50/= per sq. ft. of super area of the Apartment. This Security Deposit / Fund shall beutilized towards replacement, refurbishing, major repair of plants, machinery, equipments, etc. installed in the Complexor towards any unforeseen occurrence in future. However, on formation of the “Association of Residents” the balanceFund available in the Account after adjustment of unpaid dues of the intending Purchaser, if any, shall be remitted tothe Association.

3).b MAINTENANCE AGREEMENTThe Purchaser(s) hereby agrees and undertakes that it shall enter into a separate maintenance agreement with themaintenance agency appointed/nominated by the developers for maintenance of the common areas and servicesfacilities & installations of the Complex as more specifically described in the maintenance Agreement. The saidAgreement shall spell out in detail the services and facilities provided in the Complex in relation to the Apartment andrequired to be maintained of the Area. The purchaser(s)agrees to pay the maintenance charges to the developers asand when demanded.

3. c. THE SCOPE OF MAINTENANCE AND GENERAL MAINTENANCE & GENERAL UPKEEPThe Maintenance Agency shall render maintenance services only common areas falling within the said Project, butoutside the Apartment and these shall broadly relate to round the clock general watch & ward, street lighting,conservancy, sweeping of common corridors, stairs, maintenance of lift & services, maintenance contract cost of lift& services sweeping of roads, garbage collection and its disposal, cleaning of unwanted growth of plants, etc inopen areas horticulture, fencing if required, repair, maintenance painting of signage’s, grade maps & gates, maintain& upkeep of parks, maintenance of sewage & drainage system, including tube wells, water supply motors, sewagetreatment plants, etc. That the scope of maintenance and general maintenance and general upkeep of variouscommon services shall broadly include round the clock general watch and ward, street lighting, conservancy, sweepingof roads, garbage collection and its disposal, cleaning of unwanted growth of plants etc. in open areas, horticulture,fencing, if required, repair replacement painting of signage’s, guide maps and gates, maintenance and upkeep ofparks and playgrounds, maintenance of sewerage and drainage system, including tube well, water supply motors,sewerage treatment plants, etc.

So long as the maintenance and replacement charges are paid regularly, the Purchaser(s) or anyone lawfullyclaiming under him/her shall be entitled to the use of common facilities. In the event of default in payment of thesecharges, it shall not be open to the Purchaser(s) to claim any right of use of the common facilities. Right to use ofcommon facilities and services shall always be subject to regular payment of maintenance charges.

3.d. INTERNAL MAINTENANCE INSURANCEThat it is understood by the Purchaser that the internal maintenance of the Apartment and also the insurance andmaintenance of the equipments installed in the building shall always remain the responsibility of all the ApartmentPurchaser(s) of that building.

ARTICLE 4

POSSESSION4.a. DELIVERY I POSSESSION:That the possession of the Apartment is proposed to be delivered by the Developers to the Purchaser(s) within 30months of signing hereof subject to Force Majeure circumstances and upon registration of sale deed after govt.clearance provided all amounts due and payable by the Purchaser(s) under this agreement have been paid to thedevelopers within the stipulated period. It is, however, understood between the parties that various Apartments in the


Project shall be ready and be completed in phases and handed over to the Purchaser(s) accordingly.That it is agreedthat the Developers shall also be entitled to reasonable extension of the time for delivery of possession of theApartment on account of any default or negligence attributable to purchaser(s), fulfillment of obligations under theagreement. It is further agreed by the Purchaser(s) that after completion of the floor and receipt of full considerationand other charges, if any, payable by the Purchaser(s), sale deed shall be executed in favour of the purchaser(s) onthe format approved by the Developers. All expenses towards execution of sale Deed shall be borne by thePurchaser(s). It is understood and acknowledged by the purchaser(s) that proprietary in the Apartment shall vestwith the purchaser(s) only upon execution and registration of the sale Deed in his favour and payment of all dues andoutstanding payable under this agreement. That it is specifically made clear that until the execution of sale deed,the developers shall continue to be the owners of the Apartment and the Developers shall have the first lien andcharge on the Apartment for all its dues and outstanding that may become due from the Purchaser(s) to thedevelopers. That Purchaser(s) undertakes to remain present before the registering Authority at the time of registrationof the conveyance deed of the Apartment.

4.b. DELAY DUE TO REASONS BEYOND THE CONTROL OF THE COMPANYIf the possession of the Said Apartment is delayed due to Force Majeure conditions, then the Company shall beentitled to extension of time for delivery of possession of the Said Apartment. The Company during the continuanceof the Force Majeure conditions, reserves the right to alter or vary the terms and conditions of this Agreement or if thecircumstances so warrant, the Company may also suspend the development of the project for such period as isconsidered expedient, the Allottee agrees and consents that the Allottee shall have no right to raise any claim,compensation of any nature whatsoever for or with regard to such suspension. The Allottee agrees and understandsthat if the Force Majeure condition continues for a long period, then the Company alone, in its own judgment anddiscretion, may terminate this Agreement and in such case the only liability of the Company shall be to refund theamounts without any interest or compensation whatsoever. The Allottee agrees that the Allottee shall have no rightor claim of any nature whatsoever and the Company shall be released and discharged of all its obligations andliabilities under this Agreement.

4.c. NOTICE FOR POSSESSIONTHAT the Purchaser(s) shall clear all his dues along with stamp duty amount and other charges within 30 days fromthe date of issuance of final notice of possession by the Developers. The possession of the Apartment shall behanded over to the allottee (s) within 30 days after clearance of all the dues. In case the purchaser(s) fails to takeover actual physical possession of the Apartment within 30 days as aforesaid or defaults in clearing the dues within30 days from the issuance of notice of possession, the Purchaser(s) shall be deemed to have taken possession ofthe Apartment and holding charges @ Rs 5/- per sq.ft. Per month of the saleable area of the Apartment andmaintenance charges, as determined by the Developers/ maintenance agency, shall become payable by thePurchaser(s) from the date of deemed possession of the Apartment.

4.d. PENALTY INCASE OF DELAYThat the developers will be liable to pay charges @ Rs 10/- per sq. ft. per month for the period of delay in offering thepossession of the said Apartment beyond the period indicated in clause 4.a, save and except where delay occurs forreasons beyond the control of the Developers. These charges, if payable, shall be adjusted at the time of notice ofpossession.

4.e. CHANGE IN AREAi) That the allotment of the Apartment is subject to change or alterations necessitated during the course of developmentof the Project. Such alterations may include increase and decrease in the Area of the Apartment, position, layoutplan, Block and number of plot, designs and specifications. That the opinion of the Developers’ Architects on suchchanges will be final and binding on the Purchaser(s). Further, if there is any increase/decrease in the Area or theApartment becomes preferentially located, revised price and or PLC of the Apartment shall be payable by thePurchaser(s). To implement any such change in the area position, location of the Apartment, the same may beincorporated, if necessary, in supplementary Agreement! Deed to be executed between the Purchaser(s) and theDevelopers. Promoters undertake to get the plans revised accordingly from the competent Authority before handingover possession of the Apartment.

ii) That with respect to the change in the area of the Apartment or its location, as mentioned herein above, it isclearly understood by the Purchaser(s) that no claim, monetary or otherwise shall be entertained or accepted by theDevelopers, save and except the adjustment in price/charge mentioned in clause (4.e.i.)


4.f. INABILITY TO OFFERThat if for any reason whatsoever, the Developers are unable to offer the aforesaid Apartment to the Purchaser(s), asagreed herein; the Developers will refund the amount in full with interest @10% per annum. The Developers shall notin the event of such an eventuality be liable to pay any other charge or compensation.

4.g. FAILURE TO DELIVER POSSESSION DUE TO GOVERNMENT RULES, ORDERS, NOTIFICATIONS ETC.If the Company is unable to construct/continue or complete the construction of the Said Apartment Said Complexdue to Force Majeure conditions or due to any government/regulatory authority’s action, inaction or omission, thenthe Company may challenge the same by moving the appropriate courts, tribunal(s) and/or authority. In such asituation, the amount(s) paid by the Allottee shall continue to remain with the Company and the Allottee shall nothave a right to terminate this Agreement and ask for refund of his money and this Agreement shall remain inabeyance till final determination by the court(s)/tribunal(s)/authority (ies). However, the Allottee may, if the Allotteeso desires, become a party along with the Company in such litigation to protect the Allottee’s rights arising underthis Agreement. In the event the Company succeeding in its challenge to the impugned legislation or rule, regulation,order or notification as the case may be, it is hereby agreed that this Agreement shall stand revived and the Allotteeshall be liable to fulfill all obligations as provided in this Agreement. It is further agreed that in the event of theaforesaid challenge of the Company to the impugned legislation, order, rules, regulations, nofifications, and the saidlegislation, order, rules, regulations, notifications become final, absolute and binding, the Company will, subject toprovisions of law/court order, refund within reasonable time to the Allottee the amounts received from the Allotteeafter deducting Non Refundable Amounts, but without any interest or compensation and the decision of the Companyin this regard shall be final and binding on the Allottee save as otherwise provided herein, the Allottee shall be leftwith no other right, claim of whatsoever nature against the Company under or in relation to this Agreement.

4.h. PROCEDURE FOR TAKING POSSESSIONThe Company shall, upon obtaining certificate for occupation and use from the Governmental Authority, offer inwriting possession of the Said Apartment to the Allottee in terms of this Agreement, to be taken within 30 days fromthe date of issue of such notice. The Company shall give possession ofthe Said Apartment to the Allottee providedthe Allottee is not in default of any of the terms and conditions of this Agreement and has complied with all provisions,formalities, documentation, etc., as may be prescribed by the Company in this regard. The Allottee shall be liable topay the Maintenance Charges from the date of grant of the occupation certificate granted by the concerned authoritiesirrespective of the date on which the Allottee takes possession of the Said Apartment.

4.i. FAILURE OF THE ALLOTTEE TO TAKE POSSESSIONUpon receiving a written intimation from the Company in terms of clause 12 above, the Allottee shall within the timestipulated by the Company, take possession of the Said Apartment from the Company by executing necessaryindemnities, undertakings, Maintenance Agreement and such other documentation as the Company may prescribeand by making all the payments to the Company of all charges / dues as specified in this Agreement. The Companyshall, after satisfactory execution of such documents, give possession of the Said Apartment to the Allottee, providedthe Allottee is not in breach of any other term of this Agreement. If the Allottee fails to take the possession of theSaid Apartment as aforesaid within the time limit prescribed by the Company in its notice, then the Said Apartmentshall be at the risk and cost of the Allottee and the Company shall have no liability or concern thereof. Further it isagreed by the Allottee that in the event of the Allottee’s failure to take possession of the Said Apartment in themanner as aforesaid, the Company shall have the option to cancel this Agreement and avail the remedies as areavailable in Law including as stipulated in clause 43 of this Agreement or the Company may, without prejudice to itsrights under any of the clauses of this Agreement and at its sole discretion, decide to condone the delay by theAllottee in taking possession of the Said Apartment in the manner as stated in this clause on the condition that theAllottee shall pay to the Company holding charges @ Rs.54/ - per sq. mtr. (Rs.5/- per sq. ft) of the Super Area permonth for any delay of one month or any part thereof in taking possession of the Said Apartment for the entire periodof delay. The Allottee acknowledges that the charges stipulated above are just, fair and reasonable which theCompany will suffer on account of delay in taking possession of the Said Apartment by the Allottee. That on suchcondonation and after receiving entire amount of charges together with all other amounts due and payable under thisAgreement (alongwith due interest, if any, thereon) the Company shall hand over the possession ofthe Said Apartmentto the Allottee. For the avoidance of any doubt it is clarified that these charges are in addition to maintenance or anyother charges as provided in this Agreement. Further, the Allottee agrees that in the event of the Allottee’s failure totake possession of the Said Apartment within the time stipulated by the Company in its notice, the Allottee shallhave no right or claim in respect of any item of work in the Said Apartment which the Allottee may allege not to havebeen carried out or completed or in respect of any design specifications, Building materials or any other reasonwhatsoever and the Allottee shall be deemed to have been fully satisfied in all respects concerning construction andall other work relating to the Said Apartment/Said Complex.


4.j. FAILURE TO DELIVER POSSESSION BY COMPANY REMEDY TO ALLOTTEEIf for any reasons other than those given in clauses 4(b), 4(g) and clause 35, the Company is unable to or fails todeliver possession of the Said Apartment to the Allottee within twenty four (24) months from the date of Applicationor within any extended period or periods as envisaged under this Agreement, then in such case, the Allottee shall beentitled to give notice to the Company, within ninety (90) days from the expiry of said period of twenty four (24)months or such extended periods, as the case may be, for terminating this Agreement. In that event, the Companyshall be at liberty to sell and/ or dispose ofthe Said Apartment to any other party at such price and upon such termsand conditions, as the Company may deem fit and thereafter the Company shall within ninety (90) days from thedate of full realization of the sale price, after sale of Said Apartment refund to the Allottee, without any interest, theamounts paid by the Allottee in respect of the Said Apartment without deduction of Earnest Money but after deductionof brokerage paid by the Company to the broker / sales organizer in case the booking is done through a broker/salesorganizer. For the avoidance of doubt, it is stated that the Allottee shall have no other right or claim against theCompany in respect of the Said Apartment / Said Complex.

If the Allottee fails to exercise the right of termination within the time limit as aforesaid, then the Allottee’s right toterminate this Agreement shall stand waived off and the Allottee shall continue to be bound by the provisions of thisAgreement.

4.k. FAILURE TO DELIVER POSSESSION REMEDYSubject to the terms and conditions of the Agreement, in case of any delay except for Force Majeure clause 35 andconditions as mentioned in clause 4(b) and 4(g) by the Company in completion of construction of Said Apartmentand receiving occupation certificate of the Said Apartment / Said Complex and the Allottee not being in default/breach of the terms and conditions set out in the Application/ Agreement, the Company shall pay compensation @RS.107/- per sq. mtr. / Rs.10/- per sq. ft. of the Super Area of the Said Apartment per month or any part thereof onlyto the first named Allottee and not to anyone else. The Allottee agrees and confirms that the compensation herein isajust and equitable estimate of the damages which the Allottee may suffer and the Allottee agrees that it shall haveno other right or claims whatsoever. The adjustment of such compensation shall be done only at the time of executionof Conveyance Deed of the Said Apartment to the Allottee first named.

4.l. ABANDONMENTThe Allottee agrees and confirms that if for any reasons the Company is not able to allot the Said Apartment withina period of one year from the date of Application, then the project shall be deemed to be abandoned and the Allotteeagrees and authorizes the Company to refund the entire amount paid by the Allottee alongwith simple interest @ 12(twelve percent) per annum, calculated from the date of realization of such amounts by the Company. The Companyshall refund the entire amount received and interest as stated above with the specific understanding and conditionthat after such cancellation and dispatch by the Company of such amounts, the Allottee shall have no right, interest,claim and lien of any nature whatsoever on the Said Apartment / Said Complex and the Application/ Agreement shallbe treated as null and void. The Allottee has fully understood the same and thereafter agreed and authorizes theCompany to refund the amount.

ARTICLE 5TEMPORARY POSSESSION5.a.(i) INTERIOR WORKSIf the Purchaser(s) intend/s to carry out the interior works in the said Premises in terms of the Agreement and seekstemporary possession thereof, the Company may permit the same, subject to the following· conditions and undertakingsgives by the Purchaser(s) in respect thereof.

a) That the work of interior adaptation undertaken by the Purchaser(s) should not obstruct or affect the constructionwork, if any, of the Company or interior work being carried out by any other Purchaser(s) of the Complex orcause any nuisance of any kind, which may be objectionable to the Company or any other Purchaser(s).

b) That the purchaser(s) shall comply with all the directions/ requirements as stipulated by the company or itsAuthorized representatives, while carrying out the interiors in the said Premises.

c) That the Purchaser(s) shall pay the entire Sale consideration and stamp duty for the registration of sale deedalong with other charges before taking the temporary possession and the Company shall facilitate in getting thesale registered before the competent authority.


d) That the Purchaser(s) shall sign the Maintenance Agreement, if not signed, and shall pay the Interest BearingMaintenance Security (IFMS) along with deposit of service charges as per clause 3(a) i if not paid before takingthe temporary possession.

e) The Purchaser(s) shall be entitled to use electric power supplied through temporary construction power supply.The cost shall be reimbursed to the Company on the basis of power consumed.

ARTICLE 6

RIGHTS AND OBLIGATIONS OF THE PURCHASER(S)6.a (i). EXPRESS RIGHTSTHAT the Purchaser(s) acknowledges and understands that the Developers shall be carrying out extensivedevelopments/construction activities for several years in the entire Land and the Purchaser(s) shall not raise anyobjections or claims on account of inconvenience that may be suffered by the purchaser(s) due to such activities.The developers shall remain owners of all lands, facilities, services and amenities, and shall be free to create furtherrights by way of sale, transfer, lease, collaboration joint venture and other modes which the Developers may deem fitin its sole discretion. It is further agreed and understood by the purchaser(s) that the allotment of the Apartment islimited and confined in its scope only to the said Apartment in the said Project.

6.a (ii) That the Purchaser may at its option raise finances or loan for purchase of the Apartment. The promoter willprovide all necessary documents. However responsibility of getting the loan sanctioned and disbursed as perCompany’s payment schedule shall rest exclusive on the purchaser. However, in the event of the purchaser loan notbeing disbursed, sanctioned or delayed in any court, whatsoever he payment to the company as per paymentschedule opted by the Purchaser shall not be delayed by the Purchaser.

6.b. ELECTRICITY, WATER AND SEWERAGE CHARGESi) That the Electricity, water and sewerage connection charges, including security or other deposits, as applicable,

shall be borne and paid by the purchaser(s).

ii) That the Purchaser(s) undertakes to pay additionally to the Developers/maintenance agency on demand thesewer charges and the water consumption charges and/or any other charge which may be payable in respectof the Apartment.

iii) That the Purchaser(s) undertakes to pay extra charges on account of external electrification as and whendemanded by (HIMUDA).

6.c. NO NUISANCE AND ANNOYANCEThat the Purchaser(s) shall not use the Apartment for such activities, as are likely to cause nuisance, annoyance,disturbance or danger to the other occupants in the neighborhood or in the Project or such activities as are prohibitedunder any law or directive of the Government or a local Authority.

6.d. SIGNAGEThat the Purchaser(s) shall not display any signboard, telecom tower and/ or advertisement material, etc. on theexternal facade/ terrace of the Premises/ building.

6.e. TAXES AND LEVIES:Payment for taxes on land, wealth-tax, cesses by Allotteei) The Allottee agrees and undertakes to pay all Government rates, tax on land, municipal tax, property taxes,

wealth tax, service tax, Taxes and Cesses, Building and Other Construction Workers’ Cess, Worker’s welfareCess, fees or levies of all and any kind by whatever name called, whether levied or livable now or in future by theGovernment, municipal authority or any other Governmental Authority on the Said Complex / Said Apartment orland appurtenant thereto as the case may be, as assessable or applicable from the date of the allotment. If theSaid Apartment is assessed separately, the Allottee shall pay directly to the Governmental Authority and if theSaid Apartment is not assessed separately then the same shall be paid on pro-rata basis to the Company andthe determination of proportionate share by the Company and the demand thereof shall be final and binding onthe Allottee.


ii) That the Purchaser(s), if an income tax assessee, shall furnish his/her permanent account number (P.A.N) tothe Developers.

6.f. INTIMATING HIMUDAThat the promoters shall complete all formalities regarding intimating Himuda in respect of names, etc of intendingpurchases and getting clearance about the same and thereafter shall execute the sale deed and cause it to beregistered in favour of the Allottee(s) after receipt from the Allottee(s) of the full sale consideration and/or other duesand charges mentioned in the agreement.

6.g. LEGAL REQUIREMENTSTHAT wherever required the Allottee(s) shall comply with all legal requirement for the purchase of immovable propertyafter execution of the Apartment Buyers Agreement and sign all requisite applications, forms, affidavits, undertakingsetc. as may be required for the purpose.

6.h. CHANGE OF NOMINEE(S)i) The company may, at its sole discretion and subject to applicable laws and notifications or any government

directions as may be in force, permit the Purchaser to get the name of his/ her nominee substituted in his/ herplace subject to such terms and conditions and charges as the company may impose provided the purchaserhas paid at least 30% of the total consideration of the Apartment and has cleared all dues till that date for thepromoters. The Purchaser shall be solely responsible and liable for all legal, monetary or any other consequencethat may arise from such nominations. It is specifically made clear the purchaser that as understood by thecompany at present there are no executive instructions of the competent authority to restrict any nomination/transfer/ assignment of the purchaser Apartment. However, in the event of any imposition of such executiveinstructions at any time after the date of this application to restrict nomination/ transfer/ assignment of thepurchaser apartment by any authority, the company will have to comply with the same and the Purchaser hasspecifically noted the same.

ii) That the Purchaser(s) shall not assign, transfer, lease or part with possession of the Apartment without taking‘No Dues Certificate’ with respect to upkeep and maintenance charges from the maintenance agency appointedby the Developers or the residents association.

6.i. REGISTRATION OF ADDRESS:That in case of joint allotment, all communication, demand notices, etc., shall be sent by the developers to thePurchaser(s) whose name appears first in the application for allotment and at the address given by him/ her whichshall for all purposes be considered as served on all the Purchaser(S) and no separate communication shall be sentto the other named purchaser(s). It shall be the responsibility of the purchaser(s) to inform the developers byregistered post or e-mail about all subsequent changes in his/ her address, if any, failing which all demands, noticesand letters posted at the earlier registered address shall be deemed to have been received by him/her at the timewhen those should ordinarily reach such address.

6.j. BULK SUPPLY OF ELECTRICITYThat if the permission to receive and distribute bulk supply of electricity in the said Project is received by theDevelopers or its nominated maintenance agency or the association, the Purchaser(s) herein undertakes to abideby all the conditions of the sanction of bulk supply and to pay on demand, proportionate share of all deposits orcharges paid or payable by the agency to whom permission to receive bulk supply and distribute the same isgranted. Subject to the foregoing, purchaser(s) shall execute a power supply agreement and/or any other documentas may be required for this purpose, containing requisite terms and conditions of such power supply.

6.k. ASSOCIATION OF OWNERS:That the Purchaser(s) undertakes to join the association of owners as may be formed by all the owners and furtheragrees to pay any fee, subscription charges etc. for membership of association and to complete such documentationand formalities as may be required and or deemed necessary by the association for this purpose.

6.l. REQUIRED DOCUMENTSThat the Purchaser(s) shall from time to time sign all applications, papers, documents, maintenance documentsand all other relevant papers as required in pursuance to this transaction and do all the acts, deeds and things asdevelopers may require for safeguarding the interest of the developers and other purchaser(s) in the Project.


6.m. EQUIPMENTSThe Developers shall install equipments in the floor/building as per specifications annexed hereto as Annexure-VThe Electronic equipment installed in the floor shall bear warranty from the date of installation and the developersshall hand over the warranty card of these equipments to the purchaser at the time of handing over possession of thefloor.

ARTICLE 7

REPERSENTATION AND OBLIGATIONS OF DEVELOPERS7.a. That in case the Purchaser(s) wants to avail of a loan facility from the employer or financial institution forpurchase of the Apartment, the Developers shall facilities this process subject to the following:

i) That the Developers will provide all necessary documents to the Purchaser (s) or their Financier/ Bankers, forexecuting the Loan.

ii) That the terms of the financing agency shall be exclusively applicable to and be binding upon the purchaser(s)only.

iii) That the responsibility to get the loan finance sanctioned and disbursed as per the developers’ payment planshall rest exclusively with the Purchaser(s). In the event of the loan not being sanction or the disbursementgetting delayed by any reason whatsoever, payments to the Developers as per the payment plan opted shall notbe delayed by the Purchaser(s)

7.b. The Developers have right to raise finance from any bank Financial institution, body corporate and for thispurpose create equitable mortgage of the said land in favour of one or more of such institutions. The Developers shallensure that the said Apartment is released before execution of the conveyance deed of the Apartment, in favour ofthe Purchaser(s).

7.c. That the Purchaser shall pay the basic and other charges of the Apartment on the basis, of price of the “Flat”which is elaborately defined. Basic rate of the Apartment is firm save provided herein. It is clearly understood by thePurchaser that all other facilities and users, such as, shops, club, health center, SPA, etc., if any, developed by theCompany in the complex solely at is own cost and expenses, shall always vest with the Company which shall havethe sole exclusive right and authority to operate and deal with all such facilities and amenities in any manner asdeemed fit and proper by the Company. The purchaser shall have no ownership and! or user rights on such facilities,amenities and service, and the Company shall have the absolute right and discretion to decide upon the user and themanner and methodology of disposal of such amenities and facilities. Club membership shall be offered to thepurchaser on fulfilling other condition for the same for some changes to be decided later.

7.d. The company has calculated the total price payable by the Purchaser for the said Apartment on the basis of itssuper area which comprises of the apartment area and the undivided share in the common areas and facilities withinthe said building only. In addition though not forming a part of the computation of super area for which price ischarged, the proportionate area utilization factor of common open terrace. Purchaser shall have the ownership ofundivided proportionate share of the land beneath the footprint of the said building only calculated in the ratio of superarea of his / her Apartment to the total super area of all the Apartments in the said building only. The Purchaserconfirms and represents that he / she has not made any payment to the company in any manner whatsoever andthat the company has not indicated! Promised! Represented! Given any impression of any kind in an explicit orimplicit manner whatsoever, that the Purchaser shall have any right, title or interest of any kind whatsoever in thelands, buildings. Common areas, facilities and amenities falling outside the land beneath the footprint of the saidbuilding save and except the use of common areas (for the purposes of direct exit to a nearest public street, nearestroad only) to be identified by the Company in its sole discretion and such identification by the company in its plansnow or in future shall be final, conclusive and binding on the purchaser. The Company has made clear to thePurchaser that it shall be carrying out extensive developmental! Construction activities for many decades in future inthe entire area falling outside the land beneath the said Building, in which his / her Apartment is located and that thepurchaser has confirmed that he / she shall not raise any objections or make any claims or default in any paymentsas demanded by the company on accounts of inconvenience, if any, which may be suffered by him / her due to suchdevelopmental! Construction activities or incidental! Related activates. It is made clear by the company and agreedby the Purchaser that all rights including the ownership thereof of land(s), facilities and amenities (other than thosewithin the said Building and the land beneath the said building only), shall vest solely with the Company and theCompany shall have the sole and absolute authority to deal in any manner with such land(s), facilities and amenities


including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease,collaboration, joint venture, operation and management or any other mode including transfer to Government, semigovernment, any other authority, body, any person, institution, trust and / or any local body(ies) which the companymay deem fit in its sole discretion. The Company relying on this specific undertaking of the Purchaser in theapplication may provisionally agree to allot the Apartment and this undertaking shall survive throughout the occupancyof the Apartment by the Purchaser, his/her legal representatives, successors, administrators, executors, assignsetc.

7.e. That allotment made by the Company shall be deemed to be provisional and the Company shall have the rightto effect suitable alterations in the layout plan, if and when found necessary. Such alterations may include changein Super Area, layout plan, Floor, Block and number of the Apartment, number of tower, and increase! Decrease inthe area of Apartments. That the opinion of Company’s Architects on such changes will be final and. binding on thepurchaser. If there is any increase! Decrease in the Super Area of the Apartment or an Apartment becomes preferentiallylocated or ceases to be preferentially located, revised price and/ or PLC shall be payable / adjustable at the originalrate at which the Apartment has been booked for allotment. Further, in such cases all charges including but notlimited to DC, IDC, PLC, Maintenance Charges, IFMSD, etc shall be payable by the purchaser on the basis of SuperArea of the Apartment determined at the time of issuance of notice of possession. Such changes shall be intimatedto the Purchaser at the time when notice of possession of the Apartment is issued by the company.

7.f. THAT after completion of the Apartment and receipt of full consideration and other charges, if any payable by thePurchaser sale Deed shall be executed in favour of Purchaser on the format provided by the company. All expensestowards execution of sale Deed shall be borne by purchaser. That no proprietary right shall accrue to the purchaseruntil a sale deed is executed and registered in his favour along with handing over of possession and the companyshall continue to be the owner of the constructed Apartment. The company shall have the first lien and charge on theapartment for all its dues that may become due and payable by the Purchaser to the company that the Purchaserundertakes that the he/ she shall in due course cause the Deed of Apartment registered in his/her name as enjoinedby H.P. Apartment Ownership Act 1978, and the Rules notified there under.

7.g. The Promoter shall after he executes an agreement to sell any apartment mortgage or create a charge onapartment or the land, without the previous consent of the buyer who takes or agrees to take such apartment and ifany such mortgage or charge is made or created without such previous consent, it shall not affect the right andinterest of such person. If a Promoter has executed an agreement of sale of an apartment with a buyer and has notyet received from him all the amounts agreed to be paid, the latter shall not mortgage or create a charge againstsuch apartment without the previous consent of the promoter. Provided that the promoter shall not withhold consentif the mortgage or charge is for the purpose of obtaining finance for the payment of amounts due to the promoter.

ARTICLE 8INDEMNITYThe Purchaser(s) hereby agrees and undertakes to abide by the terms and conditions of this agreement and theapplicable laws and rules and other guidelines issued by the authorities or the developers and should there be anycontravention or non compliance if any of the provisions of the agreement, the purchaser(s) shall be liable forconsequences for violation of the same. If any loss or damage is occasioned due to any such at attributable to thePurchasers, the Purchaser(s) shall be solely responsible for the same. The purchaser(s) further undertakes toindemnify and keep harmless the developers or their nominated maintenance agency against all such claims,losses, damages, etc., occasioned by the purchaser(s) or his/her agents or representatives.

ARTICLE 9GENERAL9.a. STAMP DUTYThe stamp duty and other related expenses on the execution of the sale deed in pursuance to this agreement shallbe borne by the Purchaser(s).

9.b. FORCE MAJEUREThat, however, if the handing over of possession of the Apartment is delayed for reasons of ‘Force Majeure’ orcircumstances beyond the control of the Developers or because of the notice or order of the government, includingslow down strike, civil commotion or by reason of war enemy or terrorist action or an act of God, delay in the grantof completion/ occupation certificate by the government and or any other public or competent authority, the developersshall be entitled to a reasonable extension of time in the agreed date for delivery of possession of the floor.


9.c. ENTIRE AGREEMENTThis agreement constitutes the entire agreement between the parties and supersedes all previous agreement, oral,written or implied, concerning the transaction. The terms and conditions of this agreement shall not be changed ormodified except by written amendments duly agreed between the Parties. The terms and conditions and variousprovision embodied in this agreement shall be incorporated in the Sale Deed and shall form part thereof; to theextent those are necessary.

9.d. EXECUTION OF SALE DEED/CONVEYANCE DEEDThat the promoters shall complete all formalities regarding intimating H.P., Govt. in respect of names, etc of intendingpurchases and getting clearance about the same and thereafter shall execute the sale deed on the torrent from didby the Company and cause it to be registered in favour of the purchaser after receipt from the purchaser of the fullsale consideration and/or other dues and charges mentioned in the agreement. That the Developers shall be responsiblefor getting the transfer of the Apartment done in favour of the purchaser at the expense & cost of the Purchaser to theset limit. However the Purchaser shall provide all relevant documents for getting the transfer. The Developer shallfacilitate in every manner. The Allottee further agrees and understands that the Allottee may have to obtain permissions/approvals from any competent authority under any applicable law in force, at the time of conveyance of the SaidApartment in his favour and the Company shall have no liability or responsibility of any nature whatsoever in thisregard.

ARTICLE 10

PAYMENT FOR REPLACEMENT, UPGRADATION, ADDITIONS OF LIFTS, DG SETS, ELECTRIC SUB-STATIONS,PUMPS, FIREFIGHTINGEQUIPMENT AND OTHER CAPITAL PLANTS EQUIPMENTS:

As and when any plant & machinery within the Said Complex, as the case may be, including but not limited to lifts,DG sets, electric sub-stations, pumps, firefighting equipment, any other plant/ equipment of capital nature etc.require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the allottee (s) in theSaid Complex, as the case may be, on pro- rata basis as specified in this Agreement. The Company or the MaintenanceAgency shall have the sole authority to decide the necessity of such replacement, up gradation, additions etc.including its timings or cost thereof and the Allottee agrees to abide by the same.

ARTICLE 11

RIGHT TO ENTER THE SAID APARTMENT FOR REPAIRSIn addition to the Company’s /Maintenance Agency’s rights of unrestricted usage of all Common Areas and Facilitiesfor providing necessary maintenance services, the Allottee agrees to permit the Company or the MaintenanceAgency to enter into the Said Apartment 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. Any refusal of the Allottee to givesuch right to entry will be deemed to be a violation of this Agreement and the Company / Maintenance Agency shallbe entitled to take such actions as it may deem fit.

ARTICLE 12

INSURANCE OF THE SAID APARTMENT SAID COMPLEXThe structure of the Said Apartment / Said Complex may be got insured against fire, earthquake, riots and civilcommotion, militant action etc. by the Company or the Maintenance Agency on behalf of the Allottee and the costthereof shall be payable by the Allottee as part ofthe maintenance bill raised by the Maintenance Agency. However,the contents inside the Said Apartment shall be insured by the Allottee. The Allottee shall not do or permit to bedone, any act or thing which may render void or voidable, insurance of any apartment or any part of the Said Complexor cause increased premium to be payable in respect thereof for which the Allottee shall be solely responsible andliable.


ARTICLE 13

USE OF SERVICE AREASThe service areas, if any, as may be located within the Said Complex, as the case may be, shall be earmarked bythe Company to house services including but not limited to electric sub-station, transformer, DG set rooms, undergroundwater tanks, pump rooms, maintenance and service rooms, fire fighting pumps and equipments etc. and otherpermitted uses as per zoning plans/ development plan/building plans. The Allottee shall not be permitted to use theservice areas in any manner whatsoever and the same shall be reserved for use by the Company or the MaintenanceAgency and its employees for rendering maintenance services. Any violation of this condition shall be a breach ofthis Agreement by the Allottee.

ARTICLE 14

GENERAL COMPLIANCE WITH RESPECT TO THE SAID APARTMENTThe Allottee shall, after taking possession or after the expiry of period as stipulated in clause 12, be solely responsibleto maintain the Said Apartment at the Allottee’s cost, in a good repair and condition and shall not do or suffer to bedone anything in or to the Said Apartment, or the circulation areas, atrium or the compound which may be in violationof any laws or rules of any authority or change or alter or make additions to the Said Apartment and keep the SaidApartment, its walls and partitions, sewers, drains, pipes and appurtenances thereto or belonging thereto, in goodand tenantable repair and maintain the same in a fit and proper condition and ensure that the support, shelter etc. ofthe Said Apartment is not in any way damaged or jeopardized. The Allottee further undertakes, assures and guaranteesthat the Allottee shall not put any sign-board / name-plate, neon-light, publicity material or advertisement materialetc. on the face / facade of the Said Apartment or common areas. The Allottee shall also not change the colourscheme of the outer walls or painting of the exterior side of the doors and windows etc. or carry out any change in theexterior elevation or design. Further the Allottee shall not store any hazardous or combustible goods in the SaidApartment. The Allottee shall also not remove any wall, including the outer and load bearing walls of the SaidApartment. The Allottee shall plan and distribute its electrical load in conformity with the electrical systems installedby the Company. The non-observance of the provisions of this clause shall entitle the Company or the MaintenanceAgency, to enter the Said Apartment, if necessary and remove all non-conforming fittings and fixtures at the cost andexpense of the Allottee. The Allottee shall be responsible for any loss or damages arising out of breach of any of theaforesaid conditions.

ARTICLE 15WAIVERThat the failure of either party to enforce at any time or for any period or time, the provisions hereof shall not beconstrued to be waiver of any provision or the right thereof to enforce each and every provision.

ARTICLE 16FEMAIt is abundantly made clear that in respect of all remittances, acquisition transfer of the said Apartment it shall be thesole responsibility of non- resident/ foreign national of Indian origin/ foreign nationals/ foreign companies to complywith the provisions of Foreign Exchange Management Act, 1999 or statutory enactment or amendments thereof andthe rules and regulations of the Reserve Bank of India or any other applicable law and provided the company withsuch permission, approvals which would enable the company to fulfill its obligations under this Application or apartmentBuyers Agreement. Any refund, transfer of security if provided in terms of the Apartment Buyers Agreement shall bemade in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments oramendments thereof and the rules and regulations of the Reserve Bank of India or any other applicable law. ThePurchaser understands and agrees that in the event of any failure on his/her part to comply with the prevailingexchange control guidelines issued by the Reserve Bank of India, he/ she be liable for any action under the ForeignExchange. Management Act, 1999 as amended from time to time. The purchaser shall keep the company fullyindemnified and harmless in this regard. The company accepts no responsibility in this regard.

ARTICLE 17BREACHShould the Purchaser(s) fail to perform or observe all or any of the stipulations contained herein, the developers shallhave the right to terminate the agreement and forfeit the Earnest Money along with the accrued interest on delayedpayment till the time of such breach, if any, and the same shall be retained by the Developers.


ARTICLE 18APPLICABLE LAW AND JURISDICTION13.a. This agreement shall be construed and the legal relations between the parties hereto shall be determined andgoverned according to the laws of India.

13.b. THAT the Purchaser undertakes to abide by all laws, rules and regulation including the HIMACHAL PRADESHApartment Ownership Act 1978, any other law as may be made applicable to the said Apartment / Complex.

13.c. THAT wherever required the Purchaser shall comply with all legal requirement for the purchase of immovableproperty after execution of the Apartment Buyers Agreement and sign all requisite applications, forms, affidavits,undertakings etc. as may be required for the purpose.

13.d. That the Courts at SOLAN shall have the exclusive the jurisdiction in all matters arising out of and/ or concerningthis transaction.

COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY ALLOTTEEThe Allottee is entering into this Agreement for the allotment of the Said Apartment with the full knowledge of all laws,rules, regulations, notifications applicable to the Said Complex. The Allottee hereby undertakes to comply with andcarry out, from time to time after taking possession of the Said Apartment, all the requirements, requisitions,demands and repairs which are required by any development authority /municipal authority / Government or anyother Governmental Authority in respect of the Said Apartment at his own cost and keep the Company indemnified,secured and harmless against all costs, consequence and all damages, arising on account of noncompliance withthe said requirements, requisitions, demands and repairs.

ARTICLE 19ALTERATION OF UNSOLDThe Company shall have the right to make, any alterations, additions, improvements or repairs whether structural ornon-structural, interior or exterior, ordinary or extra ordinary in relation to any unsold apartment (s), plots, etc. withinthe Said Complex and the Allottee shall have no right to raise objections or make any claims on this account.

ARTICLE 20

RIGHT OF THE COMPANY TO ADDITIONAL FAR UNITS AND MAX HEIGHTThe Allottee agrees and understands that if the FAR Height is increased beyond the current applicable FAR & MaxHeight by the Government Authority, the Company shall have the exclusive right and ownership on the additionalFAR beyond the current applicable FAR. The Company shall have the sole discretion and right to utilize the additionalFAR, & Max Height including but not limited to constructing additional buildings and additional floors in the SaidComplex as per the approvals granted by the Governmental Authorities. The Allottee further agrees and confirms thaton such additional construction by use of additional FAR, the additional construction shall be the sole property of theCompany, which the Company shall be entitled to dispose of in any manner it chooses without any interference fromthe Allottee. The Company shall be entitled to get the electric, water, sanitary and drainage systems of the additionalconstructions thereof connected with the already existing electric, water, sanitary and drainage systems in the SaidComplex. The Allottee acknowledges that the Allottee has not made any payment towards the additional FAR andshall have no objection to any of such construction activities carried on in the Said Complex.

ARTICLE 22

COMPANY’S RIGHT TO RAISE FINANCEThe Company shall have the right to raise finance/loan from any financial institution/bank by way of mortgage/charge/securitization of receivables or in any other mode or manner by charge/mortgage of the Said Apartment/SaidComplex/Said Land, subject to the condition that the Said Apartment shall be free from all encumbrances at the timeof execution of Conveyance Deed. The Company/financial institution/bank, as the case may be, may always havethe first lien/charge on the Said Apartment for all their dues and other sums payable by the Allottee or in respect ofany loan granted to the Company for the purpose of the construction/development of the Said Complex.


ARTICLE 23

AGREEMENT SUBORDINATE TO MORTAGE BY COMPANYThe Allottee agrees that no lien or encumbrance shall arise against the Said Apartment as a result of this Agreementor any money deposited hereunder by the Allottee. In furtherance and not in derogation of the provisions ofthepreceding sentence, the Allottee agrees that the provisions of this Agreement are and shall continue to be subjectand subordinate to the lien of any mortgage heretofore or hereafter made/ created by the Company and any paymentsor expenses already made or incurred or which hereafter may be made or incurred pursuant to the terms thereof orincidental thereto or to protect the security thereof, to the fullest extent thereof and such mortgage(s) or encumbrancesshall not constitute an objection to the title of the Said Apartment or excuse the Allottee from completing thepayment of the price of the Said Apartment or performing all the Allottee’s other obligations hereunder or be the basisof any claim against or liability of the Company provided that at the time of the execution of the Conveyance Deedthe Said Apartment shall be free and clear of all encumbrances, lien and charges whatsoever. In case of the allottee’swho have opted for long term payment plan arrangement with any financial institutions/banks, the conveyance of theSaid Apartment in favour of the Allottee, shall be executed only on the Company receiving no objection certificatefrom such financial institution/banks.

ARTICLE 24

COMPANY’S CHARGE ON THE SAID APARTMENTThe Allottee agrees that the Company shall have the first charge/lien on the Said Apartment for the recovery of all itsdues payable by the Allottee under this Agreement and such other payments as may be demanded by the Companyfrom time to time. Further the Allottee agrees that in the event of the Allottee’s failure to pay such dues as afore-stated, the Company will be entitled to enforce the charge/lien by selling the Said Apartment to recover and receivethe outstanding dues out of the sale proceeds thereof.

ARTICLE 25

PURCHASE NOT DEPENDENT ON FINANCIAL CONTINGENCYThe Allottee may obtain finance from any financial institution / bank or any other source but the Allottee’s obligationto purchase the Said Apartment pursuant to this Agreement is not to be contingent on the Allottee’s ability orcompetency to obtain such financing and the Allottee will remain bound under this Agreement whether or not theAllottee has been able to obtain financing for the purchase of the Said Apartment.

ARTICLE 26BINDING EFFECTForwarding this Agreement to the Allottee by the Company does not create a binding obligation on the part of theCompany or the Allottee until firstly, the Allottee signs and delivers this Agreement with all the annexures along withthe payments due as stipulated in the schedule of payments and secondly a copy of this Agreement executed bythe Company through its authorized signatory is delivered to the Allottee within thirty (30) days from the date ofreceipt of this Agreement by the Company from the Allottee. If the Allottee fails to execute and deliver to theCompany this Agreement within thirty (30) days from the date of its dispatch by the Company, then the Applicationof the Allottee shall be treated as cancelled and the Earnest Money and Non Refundable Amounts paid by theAllottee shall stand forfeited. If the counter part of this Agreement is not executed by the Company and dispatchedto the Allottee within thirty (30) days from the date of its receipt from the Allottee, then this Agreement shall bedeemed to have been rejected and cancelled and all sums deposited by the Allottee in connection therewith shall berefunded to the Allottee without any interest or compensation whatsoever. Upon such termination neither party shallhave any further rights, obligations or liabilities against the other.

ARTICLE 27AGREEMENT NOT ASSIGNABLEThe Allottee agrees and confirms that any rights on the Said Apartment are not assignable to any third party tillexpiry of six months from the date execution of the Agreement by the Company. However, after the expiry sixmonths, the Company may in its sole discretion, upon payment of charges (or monies) as applicable from time totime and subject to applicable laws and notifications or any Government Authority/agency/body directions as may


be in force, upon receiving a written request from the Allottee, permit the Allottee to get the name of his nomineesubstituted, added, deleted in his place subject to such terms, conditions and charges as the Company mayimpose. The Allottee shall be solely responsible and liable for all legal, monetary or any other consequences thatmay arise from such nomination( s)/transfer/assignment.

ARTICLE 28

RIGHT TO AMEND TERMS AND CONDITIONSa) The Allottee agrees and understands that the terms and conditions of the Agreement may be modified / amendedby the Company in accordance with any directions/ order of any court of law, Governmental Authority, in compliancewith applicable law and such amendment shall be binding on the Allottee.

RIGHT TO AMEND ANNEXURESb) The Allottee further agrees that the Maintenance Agreement (Annexure-VII) attached to this Agreement is toacquaint the Allottee with the terms and conditions as may be stipulated as and when it is finally executed at theappropriate time to be notified by the Company. The Allottee consents to the terms and conditions contained in thedraft which shall substantially be the same in the final document to be executed at the appropriate time to be notifiedby the Company. The Allottee further understands that the Company shall have the right to impose additional termsand conditions or to modify/amend/change the terms and conditions as stated in this draft, in the final document tobe executed at the appropriate time. The Company further reserves the right to correct, modify, amend or change allthe annexure attached to this Agreement and also annexure which are indicated to be tentative at any time prior tothe execution of the Conveyance Deed of the Said Apartment.

ARTICLE 29

AGREEMENT SPECIFIC ONLY TO THE SAID APARTMENT/SAID COMPLEXThe Allottee agrees that the provisions of this Agreement, Maintenance Agreement, and those contained in otherannexure are specific and applicable to apartments offered for sale in the Said Complex and these provisions cannotbe read in evidence or interpreted in any manner in or for the purpose of any suit or proceedings before any Court(s),Commission, Consumer Disputes for a or any other judicial forum involving any other apartment(s)/building(s)/project(s) of the Company/its associates/subsidiaries, partnership firms in which the Company is partner or interested.

ARTICLE 30

PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE/SUBSEQUENT PURCHASERAll the provisions contained herein and the obligations arising hereunder in respect of the Said Apartment / SaidComplex shall equally be applicable to and enforceable against any and all occupiers, tenants, licensees and/orsubsequent purchasers / assignees of the Said Apartment, as the said obligations go along with the Said Apartmentfor all intents and purposes, subject to clause 15 and 36 above.

ARTICLE 31

WAIVER NOT A LIMITATION TO ENFORCEWithout prejudice to the rights/remedies available to the Company elsewhere in this Agreement;

a) The Company may, at its sole option and discretion, waive in writing, the breach by the Allottee of not makingpayments as per the schedule of payments but on the condition that the Allottee shall pay to the Company,interest which shall be charged for the first ninety (90) days after the due date @18% per annum and for allperiods of delay exceeding first ninety (90) days after the due date an additional penal interest@3% per annum(total interest 24% per annum only). It is made clear and so agreed by the Allottee that exercise of discretion bythe Company in the case of one allottee shall not be construed to be a precedent and/ or binding on theCompany to exercise such discretion in the case of other allottees.

b) Failure on the part of the Company to enforce at any time or for any period of time the provisions hereof shall notbe construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.


ARTICLE 32SEVERABILITYThe Allottee agrees and understands that if any provision of this Agreement is determined to be void or unenforceableunder applicable law, such provisions shall be deemed amended or deleted in so far as reasonably inconsistent withthe purpose of this Agreement and to the extent necessary to conform to applicable law and the remaining provisionsofthis Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement.

ARTICLE 33CAPTIONS/HEADINGSThe captions/headings in this Agreement are for easy reading and convenience and are of indicative nature only andin no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. The trueinterpretation of any matter/clauses in this Agreement shall be done by reading the various clauses in this Agreementas a whole and not in isolation or in parts or in terms of captions provided.

ARTICLE 34

METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENTUnless repugnant to the context, wherever in this Agreement it is stipulated that the Allottee has to make anypayment in common with the other allottees in the Said Complex, the same shall be the proportion which theApartment Area of the Said Apartment bears to the total area of all the apartments and other buildings in the SaidComplex.

ARTICLE 35FORCE MAJEUREThe Company shall not be responsible or liable for not performing any of its obligations or undertakings provided forin this Agreement if such performance is prevented due to Force Majeure conditions.

ARTICLE 36RIGHT TO JOIN AS AFFECTED PARTYThe Company shall have right to join as an affected party in any suit/ complaint filed before any appropriate court bythe Allottee if the Company’s rights under this Agreement are likely to be affected/prejudiced in any manner by thedecision of the Court on such suit/complaint. The Allottee agrees to keep the Company fully informed at all times inthis regard.

ARTICLE 37INDEMNIFICATIONThe Allottee hereby covenants with the Company to pay from time to time and at all times the amounts which theAllottee is liable to pay under this Agreement and to observe and perform all the covenants and conditions containedin this Agreement and to keep the Company and its agents and representatives, estate and effects, indemnified andharmless against any loss/liabilities or damages that the Company may suffer as a result of nonpayment, non-observance or non- performance of any of the covenants and conditions stipulated in this Agreement. This will be inaddition to any other remedy provided in this Agreement and/ or available in law.

ARTICLE 38BROKERAGEThe Allottee shall bear his own expenses including commission or brokerage to any person for services rendered bysuch person to the Allottee whether in or outside India for acquiring the Said Apartment. The Company shall in noway whatsoever be responsible or liable for such payment, commission or brokerage nor the Allottee have the rightto deduct such charges from the Total Price and other charges payable to the Company for the Said Apartment.Further, the Allottee shall indemnify and hold the Company free and harmless from and against any or all liabilitiesand expenses in this connection. However, if the Company has paid commission to a broker on behalf of the Allottee,then the Company shall retain the amount of brokerage as part of the Non Refundable Amount on case of cancellationof allotment or otherwise.


ARTICLE 39FURTHER ASSURANCESThe Allottee agrees that the persons to whom the Said Apartment is let, transferred, assigned or given possessionshall execute, acknowledge and deliver to the Company such instruments and take such other actions, in additionto the instruments and actions specifically provided for herein, as the Company may reasonably request in order toeffectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect anyright to be created or transferred hereunder or pursuant to any such transaction.

ARTICLE 40COPIES OF THE AGREEMENTTwo copies of this Agreement shall be executed and the Company shall retain the original copy of this Agreementand send the second executed copy to the Allottee for his reference and record.

ARTICLE 41JOINT PURCHASERIn case there are joint allottee(s), all communications shall be sent by the Company to the Allottee whose nameappears first and at the address given by the Allottee which shall for all intents and purposes be considered asproperly served on all the allottees.

ARTICLE 42RIGHT TO TRANSFER OWNERSHIPThe Company reserves the right to transfer ownership of the Said Complex in whole or in parts to any other entitysuch as partnership firm, body corporate(s) whether incorporated or not, association or agency by way of sale/disposal/or any other arrangement as may be decided by the Company in its sole discretion and the Allottee agreesthat he/she shall not raise any objection in this regard.

ARTICLE 43

EVENT OF DEFAULTS AND CONSEQUENCESThe Allottee agrees that all defaults, breaches and/ or non-compliance of any of the terms and conditions of thisAgreement shall be deemed to be events of defaults liable for consequences stipulated herein. Some of the indicativeevents of defaults are mentioned below which are merely illustrative and are not exhaustive.

i) Failure to make payments within the time as stipulated in the schedule of payments and failure to pay thestamp duty, legal, registration, and incidental charges, any increases in security including but not limited toIFMS as demanded by the Company, any other charges, deposits for bulk supply of electrical energy, Taxesand Cesses, etc. as may be notified by the Company to the Allottee under the terms of this Agreement, and allother defaults of similar nature.

ii) Failure to perform and observe any or all of the Allottee’s obligations including those contained in clause 54 (i)as set forth in this Agreement or if the Allottee fails to execute any other deed/ document/undertakings/indemnities etc. or to perform any other obligation, if any, set forth in any other agreement with the Company inrelation to the Said Apartment.

iii) Failure to take possession of the Said Apartment within the time stipulated by the Company.

iv) Failure to execute the Conveyance Deed within the time stipulated by the Company in its notice.

v) Failure to execute the Maintenance Agreement and/or to pay on or before its due date, the MaintenanceCharges, maintenance security deposits, deposits/charges for bulk supply of electrical energy or any increasesin respect thereof, as demanded by the Company, its nominee, other Body or Association of apartment/villa/plot Owners/Association of Condominium, as the case may be.


vi) Failure, pursuant to a request by the Company, in terms of clause 1.19 of this Agreement, to become amember of the association of apartment/villa/ plot owners of the Said Complex or to pay subscription chargesetc. as may be required by the Company or association of apartment / villa/ plot owners, as the case may be.

vii) Assignment of this Agreement or any interest of the Allottee in this Agreement without prior written consent ofthe Company.

viii) Dishonor of any cheque(s) given by the Allottee for any reason whatsoever.

ix) Failure to pay the Escalation Charges.

x) Any other acts, deeds or things which the Allottee may commit, omit or fail to perform in items of this Agreement,any other undertaking, affidavit / Agreement / indemnity etc. or as demanded by the Company which in theopinion of the Company amounts to an event of default allottee agrees and confirms that the decision of theCompany in this regard shall be final and binding on the Allottee.

Unless otherwise provided in this Agreement, upon the occurrence of anyone or more of the events of default underthis Agreement including but not limited to those specified above, the Company may, in its sole discretion, by noticeto the Allottee, cancel this Agreement by giving in writing thirty (30) days from the date of issue of notice to rectify thedefault as specified in that notice. In default of the above, this Agreement shall stand cancelled without any furthernotice. If the default is not rectified within such thirty (30) days, this Agreement shall stand cancelled without anyfurther notice or intimation and the Company shall have the right to retain Earnest Money along with the interest ondelayed payments, any interest paid, due or payable, any other amount of a non-refundable nature. The Allotteeacknowledges that upon such cancellation of this Agreement, the Allottee shall have no right, interest or lien on theSaid Apartment and the Company shall be discharged of all liabilities and obligations under this Agreement and theCompany shall have the right to sell or deal with the Said Apartment in the manner in which it may deem fit as if thisAgreement had never been executed. The refund, if any, shall be refunded by the Company by registered post onlyafter realizing the amount on further sale/resale to any other party and without any interest or compensation whatsoeverto the Allottee. This will be without prejudice to any other remedies and rights of the Company to claim otherdamages which the Company might have suffered due to such breach committed by the Allottee

ARTICLE 44ARBITRATIONThe Buyer agrees that in the event of any dispute in relation to the terms of this application including the interpretationand validity of the terms thereof and the respective rights and obligation of the Buyer(s), then Developer shall referthe dispute to a sole arbitrator who will appointed by the Board of Directors of the Developer Company -whosedecision shall be final and binding upon the parties. No other person or authority shall have the power to appoint thearbitrator. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act,1996 or any statutory amendments/ modification thereof for the time being force.

ARTICLE 45NOTICEAny notice or letter of communication to either of the parties shall be sent by Registered post or by fax at theMarketing office or registered office of the Developer. It shall be the responsibility of the purchaser to inform thedevelopers by Registered post (A.D.) about subsequent changes, if any, In their address failing which all demandnotice and communications posted at the first registered address shall be deemed to have received by the purchaserat the time when those should ordinarily reach such address and the purchaser shall be responsible for any defaultin payment or other consequences that might occur there from.


Signed and delivered by the within Company named R.V. Nirmata (P) Limited at New Delhi on in thepresence

For and on behalf of R.V. Nirmata (P) Limited

(Authorized Signatory)

WITNESSES

1. Signature……………………………………......… 2. Signature ………………………………......................

Name ………………………………………...……. Name………………………………............……………

Address………………………………………....… Address………………………………….....................

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEAL TO THESE PRESENTSONTHE DAY, MONTH & YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF THE FOLWING WITNESS:

Signed and delivered by the within NAMED

Apartment Purchaser (s) ……...............................................................................................……………………

1. Photograph of Purchaser 1

2. Photograph of Purchaser 2

At……………………………..on…………………………………………............……………………….in the presence of

WITNESSES

1. Signature ……………………………………………….. 2. Signature…………………………………….

Name……………………………………………………. Name…………………………………………

Address………………………………………………….. Address………………………………………


Annexure-ISCHEDULE-A

SCHEDULE OF PAYMENTS

PRICES

Sale Price As applicablePreferential Location Charges As applicableDown payment Rebate 10% of Sale PriceParking (Covered Parking) Rs. 2, 00,000I.F.M.S. Rs. 50/- Per Sq. Ft.

DOWN PAYMENT PLAN (with 10% rebate)

On Booking 10% of Sale PriceWithin 30 days of booking 95% of Sale Price including PLC (less Down

Payment Rebate & Booking Amount)On intimation for Possession 5% of Sale Price + IFMC + Stamp Duty &Registration charges + Club Charges + any Other Charges.

CONSTRUCTION LINKED INSTALLMENT PLAN

1. Registration Booking Amount On Time 10% of Sale Price

2. Within 30 days of booking On Time 10% of Sale Price

3. Within 2 ½ months of Booking / Start of Construction Whichever is Later 10% of Sale Price

4. Within 4 months of Booking/On casting of stilt Roof Slab Whichever is Later 7% of Sale Price

5. Within 5 ½ months / On casting of ground floor roof slab Whichever is Later 7% of Sale Price

6. Within 7 months / On casting of 1st floor roof slab Whichever is Later 7% of Sale Price

7. Within 8 ½ months / On casting of 2nd floor roof slab Whichever is Later 7% of Sale Price

8. Within 10 months / On casting of 3rd floor roof slab Whichever is Later 7% of Sale Price

9. Within 11 ½ months / On casting of 4th floor roof slab Whichever is Later 7% of Sale Price

10. Within 13 months / On casting of 5th floor roof slab Whichever is Later 8% of Sale Price

11. On finishing in following stages Whichever is Later 15% of Sale Price +PLC + IFMC

a. On completion of brick work within apartment 5% of Sale Price + PLCb. On completion of internal plaster within apartment 5% of Sale Price + IFMSc. On completion of services within apartment 5% of Sale Price

12. On Possession Any Balance Amount Due + 5% of sale price+Stamp Duty + Registration Charges + ClubCharges + any other charges.

Service Tax and any other charges levied / Leviable by the Govt. are payable along with every payment.

The applicant shall pay amounts towards the Club facility to be provided in the said project and the same shall bepaid by Applicant as & when demanded by the company / Agency. The charges are mentioned herewith.

Membership Fees Rs. 50,000/- for First Three YearsAnnual Club Charges As applicableRefundable Security Charges As applicable

NOTE: The Price & Payment Plan indicated above are subject to revision from time to time at the sole discretion ofthe Company.


Annexure-II

APARTMENT BLOCK IN THE WOODS

DEFINITION OF SUPER AREA

Super Area for the purpose of calculating the Sale price of Said Apartment, shall be the sum of the ApartmentArea of Said Apartment, its pro-rata share in Common Areas in the building.

Whereas the Apartment Area of the Said Apartment shall mean the area enclosed by its periphery wallsincluding area under walls, columns, decks, projection/chajjas, balconies, cupboards etc. and half of thearea of common walls with other premises / apartments, which form integral part of Said ProjectionsApartment and Common Areas, shall mean all such parts / areas in the building which allottee shall use bysharing with other occupants including entrance lobby, common passage / corridor, staircase, mumty,service ledges on all floors and overhead water tanks etc.

It is specially made clear that the computation of Saleable Area does not include:-

a) Area under Car Parking in THE WOODS.

b) Common green areas within the said complex.

c) Common Areas and facilities like Guard Room, OHT, STP, ESS etc.

d) All other land(s), facilities and amenities outside the periphery / boundary of THE WOODS.

The Apartment area to Super area ratio is 75 to 77% approximately presently. It is further clarified that theSuper Area mentioned in the Agreement is tentative and subject to change, the final Saleable Area shall beintimated upon completion of construction of the Said Apartment.


Annexure-III

Computation of Escalation Charges is illustrated by way of an example hereunder:Total Price say, Rs. 100/-

Construction Cost (50% of the Total Price): Rs. 50

TABLE A :Opening and Closing RBI Indexes

S.No. Items Weightages in Assumed Opening Assumed ClosingConstruction RBI Indexes RBI Indexes periodCost (Dec., 2013) i.e. (after expiry

of 24 monthsDec., 2015)

1 Steel 15% 100 112

2 Cement 10% 100 92

3 Other building cost material 40% 100 114

4 Fuel and power 5% 100 110

5 Labour 30% 100 105

TABLE B :Computation of Escalation Charges

Formula : Construction Cost X Weight of the Item X {(Closing Index-Opening Index) / Opening Index)}

S.No. Items Calculation illustration for the Escalation percentageentire 24 month period for the 24 month period

1 Escalation in Steel 50x15% x (112-100)/100 0.900.

2 Cement 50x10% x (92-100)/100 -0.400

3 Other building cost material 50x40% x (114-100)/100 2.80

4 Fuel and power 50x5% x (110-100)/100 0.250

5 Labour 50x30% x (105-100)/100 0.750


Annexure-IV

TENTATIVE COMMON AREAS AND FACILITIESPART-AList of Common Areas and Facilities for use of all Apartments within the Said Complex.

1. Overhead water Tank

2. UG Water Tank and Pump Room, if provided

3. STP

4. Electric Substation & DG Room.

5. Guard Room

PART-BList of General Common Areas and facilities within the Said Complex for use of all Apartments in the Said Complex,excluded for the computation of Super Area of the Said Apartment.

1. Roads and driveways including lighting and services etc.

2. Common green Areas including lighting and services etc.

That save and except use of Common areas and facilities in PART A above, car parking space as described in Part-C of this annexure and share in Foot Print of the Apartment building, it is specifically made clear by the Companyand agreed by the Apartment Allottee that he / she shall not have any right, title or interest in any other land(s) areas,facilities within Said Complex. The Company shall remain the owner of all such land(s), facilities and amenitieswithin the Said Complex, and the Company shall have the sole and absolute authority to deal in any manner withsuch land(s), facilities and amenities.

PART-CCommon car parking area within the Said Complex, excluded from the computation of Super area of the SaidComplex.

PART-DIt is specifically made clear by the Company and agreed by the Apartment Allottee that this agreement is limited andconfined in its scope only to the Said Apartment Common areas and and facilities as described in PART-A, PART-B & PART-C of this Annexure. It is understood and confirmed by the Apartment allottee that all other land(s), areas,facilities and amenities outside the periphery / boundary of the Said Apartment Building are specifically excludedfrom scope of this agreement. The Apartment allottee shall not have any right, title or interest of any kind whatsoeverin any land, buildings outside the Said Apartment Building.

A tentative list of such other areas, facilities and amenities given below which is merely illustrative and is notexhaustive in any manner.

1. Shops within the Said Complex.

2. Area for community centre and club / community, Gym/Spa institution and commercial blocks within or outsidesaid complex.

3. All areas, buildings, premises, structures falling outside the periphery / boundary of the said Apartment Building.


Annexure-VTHE WOODS APARTMENT

SPECIFICATIONSFloor Double Charged Vitrified TilesWalls Plastic Emulsion Paint over putty.Ceiling 12"/15" wide false ceiling band in P.O.P for halogen lights on two side walls

with pelmet in P.O.P for Curtain Rod over External Glazing with OBD finish.Entrance Door Polished wooden chaukhat frames with 6"x21/2"section of 8’ height with Teak

Veeneered Decorative Designer Door shutters with door closer moulder skinEuropean style shutter.

External Doors & Powder coated Aluminum / UPVC with mosquito mesh window shutters, glazed Windows external Doors& windows.

Floors Double charged vitrified tiles.Walls Plastic Emulsion Paint over putty.Ceiling 12"/15" wide false ceiling band in P.O.P for halogen lights on two side walls

with pelmet in P.O.P for Curtain Rod over External Glazing with OBD finish.Internal Doors: Polished wooden chaukhat frames with 6"x21/2"section of 8’ height with Teak

Veeneered Decorative flush door shutters / moulder skin European styleshutter.

External Doors & Powder coated Aluminum / UPVC with mosquito mesh window shutters, glazedWindows external Doors& windows.Wardrobes Modular Wardrobes in all bedrooms as per design having quality laminated

finish inside and outside surfaces with pulldown cloth hangar and drawers.

Floor Double charged Vitrified Tiles.Walls High grade Ceramic tiles upto Ceiling Height.Ceiling Oil bound distemper.Counter Granite counter topCabinets Modular Kitchen with high quality external & internal laminate finished cabinets

under & above the counter with S.S. Baskets, trays, Plates Rack etc.Sink Stainless Steel Sink.C.P. Fittings Kohler, Jaquar, Mark or equivalent brand.

Floors Anti Skid Ceramic Tiles.Walls High grade Ceramic tiles upto Ceiling Height.Ceiling Oil bound distemper.Doors Polished wood frame with teak veneered flush door shutter/moulded European

style decorated shutter of 8 ft heightOthers Provision for hot & cold waterVanities Designer Vanities below wash basins.Shower Cabins Toughened Glass Shower Cabins with C.P. fittings.Mirror Designer Mirror over wash basin.C.P. Fittings Grohe Jaquar, Mark or equivalent brand.Sanitary Ware Cera / Hindware / Nayeer / Parrymal or equivalent.

Floor Good quality prepolished granite.Wall Acrylic emulsion paint.Ceiling Oil bound distemper.Railings Stainless Steel Railing.Lift SS lift with sides with granite finish.

Floor External Grade Anti-skid Ceramic Tiles.Wall Plastic emulsion paintCeiling Plastic emulsion paint with weather –proof paint on external edges.Railings S.S. Railings with S.S. handrail.

LIVING ROOM,DINING ROOM&LOUNGE

MODULARKITCHEN

LOBBY/PASSAGE/STAIRS ANDLIFT

TERRACES/BALCONIES/VERANDAH

BATHROOMS

BEDROOMS


Annexure-VI-A

LAYOUT PLAN


Annexure-VI-B

PLANS OF THE FLATS


Annexure-VIIMAINTENANCE AGREEMENT

This Agreement is made on this day……………………….of…………………………….. at………………………..

AMONGST

1) R.V NIRMATA PVT. LTD., a Company registered under the Companies Act, 1956 having its registered office atD-128, East of Kailash, New Delhi -110 065 (hereinafter referred to as the “Company”, which expression shall,unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns)through its authorized signatory Shri…………………………………. S/o ………………………R/o………………………………..of ………………………first part;

AND

2) ………………………………..referred to as the “The Maintenance Agency” which expression shall, unless repugnantto the context or meaning thereof, be deemed to mean and include its successors and assigns) through itsauthorizedn signatory Mr……………………….. S/o………………………,R/o………………………………….., of theSecond Part;

AND

4) 1. Shri / Smt.Son/Daughter/Wife of ShriResident of

*2. Shr i/ Smt.Son/Daughter/Wife of ShriResident of

(* to be filled up in case of joint purchasers)(Hereinafter singly/jointly, as the case may be, referred to as the “User” which expression shall, unless repugnant tothe context or meaning thereof, include his/her/heirs, executors, administrators, legal representatives andsuccessors) of the Third Part;

OR**M/s………………………………………………………………………………………….a partnership firm dulyregistered under the Indian Partnership Act, 1932 (hereinafter referred to as “the User” which expression shall, unlessrepugnant to the context or meaning thereof, include all the partners of the partnership firm and their heirs, legalrepresentatives, administrators, executors and successors) of the Third Part acting through its partner authorized byresolution dated……………………………….Shri/Smt.

OR

** …………………………………………………………………………………a Company registered under the CompaniesAct, 1956, having its registered office at………………………………………….and Corporate Identif icationNumber…………………………(Hereinafter referred to as “the User” which expression shall, unless repugnant to thecontext or meaning thereof, include its successors and assigns) of the Third Part acting through its duly authorizedsignatory Shri/Smt. Authorized by Board resolution dated……………………………

**Strike out whichever is not applicableWHEREAS the User has entered into the Apartment Buyer’s Agreement for the purchase of the Said Apartment inthe Said Complex and has taken temporary possession/is in process of taking the same.

AND WHEREAS the Apartment Buyer’s Agreement contained a stipulation for the provision of the MaintenanceServices by the Maintenance Agency which may be the Company, its nominated agency or association of apartmentowners or such other agency Association of condominium to whom Company may handover Maintenance of thesaid Complex to Company/Association on the payment of charges thereof by the User.

AND WHEREAS the User has, in accordance with the Apartment Buyers Agreement, deposited/in the process ofdepositing IFMS with the Company/Maintenance Agency.

AND WHEREAS the Company/Maintenance Agency/User wants the Common Areas and Facilities and services tobe maintained by the Maintenance Agency and the Maintenance Agency is agreeable to maintain the CommonAreas, facilities and services on the terms and conditions contained hereinafter.


AND WHEREAS the Company has handed over the maintenance of the assets and equipments installed forproviding Maintenance Services within the Said Building and Said Complex and the Common Areas and Facilitiessituated within the Said Complex and the Said Building to the Maintenance Agency for the Maintenance Services.

AND WHEREAS on the User’s undertaking to abide by the terms and conditions of this Agreement and subject tothe other terms and conditions of this Agreement, the Maintenance Agency has agreed to provide the MaintenanceServices.

NOW, THEREFORE, THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY ANDAMONGST THE PARTIES HERETO AS FOLLOWS:

Definitions and Interpretation:In this Agreement, the following words and expressions when capitalized shall have the meaning assigned herein.When not capitalized, such words and expressions shall be attributed their ordinary meaning.

“Agreement” shall mean this maintenance agreement along with all the annexures and schedules attached thereto;

“Apartment Buyers Agreement” shall mean the apartment buyer’s agreement dated [ ] entered into betweenthe Company and the User for the sale of the Said Apartment to the User;

“Common Areas and Facilities” shall mean such common areas and facilities within the Said Building/ Said Complexwhich are earmarked for common use by the residents/occupants of the Said Building/Said Complex includingitems as mentioned in Annexure II.

“IFMS” shall mean an amount deposited/in the process of depositing as per the super area of the Said Apartmentby the User as interest free maintenance security with the Company/Maintenance Agency for providing theMaintenance Services and utilities at the time of taking over possession.

If such amount is deposited with the Company, then the Company, in its sole discretion, may transfer aportion of it orthe same to the Maintenance Agency

The Maintenance Agency reserves the right to modify, revise all or any of the terms of the maintenance securityincluding but not limited to amount/rate of the maintenance security.

“Initial Period” shall mean as decided by board.

“Maintenance Charges” shall mean the charges payable by the User to the Maintenance Agency for the MaintenanceServices but this does not include the charges for actual consumption of utilities in the Said Apartment includingbut not limited to electricity, water, charges which shall be charged on monthly periodic basis as per actualconsumption/ usage and also does not include any statutory payments/taxes with regard to Said Complex/SaidBuilding/Said Apartment. The maintenance charges will be calculated on the basis of actual cost of MaintenanceServices.

The maintenance charges with respect to the Said Apartment will be computed as under:

(Total cost of Maintenance Services /Total super area of all the apartments) allotted till that period X The super areaof the Said Apartment.

“Maintenance Services” shall mean such services for the maintenance of Common Areas and Facilities and for providingutilities including but not limited to as specified under clause 1 hereof, to be rendered by the Maintenance Agency.

“Said Apartment “shall mean the residential apartment No. ……………………..Located on …………………………….floorin the Said Building Block having a super area of ………………sq. mtr (…………..sq. feet) within the Said Building/Said Complex.

“Said Building” shall mean the tower/building Block in the Said Complex;“Said Complex” shall refer to the residential complex named “the Woods, Barog situated at R.D 93/600, BarogByepass, N.H.22 Mauza Barog, Dist. Solan (H.P)“Said Land” shall mean a land admeasuring 8.17 BIGHAS. (Approx) in Mauza Barog, Dist. Solan.

NOW, THEREFORE, THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY ANDAMONGST THE PARTIES HERETO AS FOLLOWS:

1. MAINTENANCE SERVICES AND THEIR SCOPESubject to the terms and conditions of this Agreement and the User’s compliance of the terms of the ApartmentBuyers Agreement by the Company of the Said Apartment and payment of the Maintenance Charges, the


Maintenance Agency shall ensure provision of the Maintenance Services in accordance with this Agreement duringthe term of this Agreement.

The Maintenance Services shall include the following:

A. For the Said Complex/ Said Building:i) Maintenance of the Common Areas and Facilities as specified in Annexure I, (of Annexure VII)

ii) shall broadly can round the clock general watch & ward, street lighting, conservancy, sweeping of commoncorridors, stairs, maintenance of lift & services, maintenance contract cost of lift & services sweeping of roads,garbage collection and its disposal, cleaning of unwanted growth of plants, etc in open areas horticulture,fencing if required, repair, maintenance painting of signage’s, grade maps & gates, maintain & upkeep of parks,maintenance of sewage & drainage system, including tube wells, water supply motors, sewage treatmentplants and all others services, etc. The Applicant(s) undertake(s) to pay the Maintenance of open spaces,compound wall, landscaping, roads, paths and such other spaces within the boundary wall of the Said Complexas well as system of including maintenance of equipment for providing utilities;

iii) Operation and Maintenance of electrification equipments and ancillaries installed within the Said Complex/Said Building under bulk electric supply scheme, power back-up and sub-stations connected with supply ofelectrical energy and equipments installed in the Said Building/ Said Complex for water supply, sewerage,sewage treatment plant in the Said Complex.

iv) Security services for the Said Building/Said Complex.

v) Insurance of the Said Complex / Said Building including any structure, equipments installed in the Said Building/Said Complex.

vi) Repairing, renewing or replacing any component, structure etc., falling within or not in the Common Areas andFacilities, as the Maintenance Agency may deem fit.

vii) Provide such other maintenance service as the Maintenance Agency may deem fit with regard to themaintenance of the Said Complex/ Said Building.

(B) For the avoidance of doubt, it is clarified that Maintenance Agency may add, withhold or vary any of theMaintenance Services if the Maintenance Agency considers the addition, withholding or variation of suchservices to be necessary or desirable for the upkeep and maintenance of the Said Complex or part thereofwhich may have the effect of increase, or if so required by lawful authority, in the Maintenance Charges.

2. MAINTENANCE CHARGESThe Applicant(s) shall be charged on monthly periodic basis for all the costs relating to power consumed by them asindicated in the meter, which may be installed by the Company/its nominee/ Maintenance Agency at the cost of theApplicant(s). The Company/its nominee/Maintenance Agency shall charge for the power consumed based onexpenditure incurred for consumables like diesel, spares, depreciation and other wear and tear etc., at cost plus20% basis and the same would be billed as a part of the maintenance bill which will also include other charges formaintenance and upkeep of the Said Project as described above. Failure to pay the maintenance bill including thecost of power back up as described above, shall entitle the Company/its nominee /Maintenance Agency to withholdthe provision of maintenance services including the electricity supply and the provision to this effect shall be incorporatedin the Buyers’ Agreement and the sale deed.

A. Maintenance Services:i) The Maintenance Charges shall be calculated by taking into account the entire cost incurred by the

Maintenance Agency for rendering total services and the bills for the same shall be raised quarterly inadvance.

ii) The Maintenance Agency shall also bill the charges relating to the operation and maintenance of variousservices in which the Said Complex/ Said Apartment is located.

B. Utilities:i) The Maintenance Agency shall bill, monthly/quarterly periodically, for the consumption of electrical energy

inside the Said Apartment based on number of units consumed as indicated by the meter(s) installed in theSaid Apartment at pre-determined rates (which for want of a more suitable standard / rate shall correspond tothe rates charged by HPSEB to its direct consumers) falling in the schedule of tariff as applicable from time totime to the Said Apartment. The bill shall a minimum demand charge if the consumption falls below theminimum demand.


ii) The cost of electrical energy paid by Maintenance Agency to Himachal Pradesh State Electricity Board (HPSEB)and/or the cost of operating (including fuel etc.) and maintaining standby DG Set(s) and deducting there fromactual receipts from billing of electrical energy to all the Users of the Said Complex on account of electricalenergy consumed, monthly, inside their respective Said Apartment. The resultant net expenditure shall betreated as common maintenance charges and billed to individual Users in proportion to the super area of theirrespective apartments. It is clarified and understood by the Users that Maintenance Charges are inclusive ofcost incurred in arranging electrical energy from HPSEB and/or from standby DG Set for services like liftcorridors lighting net of the receipts from bills paid by the Users.

iii) Water consumption charges shall also be calculated on prorate basis.

3. PROCEDURE OF BILLING AND PAYMENT:I) The Maintenance Agency shall, at the beginning of each month, quarter or periodically, raise the bill for

Maintenance Charges as mentioned in clause 2A on the User. The User undertakes to pay the entire amount ofMaintenance Charges as stated in the bill on or before the due date specified. No part payment shall beaccepted and even if the Maintenance Agency accepts it, the same shall, nevertheless constitute default bythe User.

II) The Maintenance Agency shall raise bills for utilities as per clause 2B on the User for actual consumption ofutilities including but not limited to electricity and water charges. The User undertakes to pay the entire amountof as stated in the bill on or before the due date specified. No part payment shall be accepted and even if theMaintenance Agency accepts it, the same shall, nevertheless constitute default by the User.

III) All payments shall be made by the User through Crossed Cheque/ Demand Draft only, drawn in favour of theMaintenance Agency payable at New Delhi and shall be deemed to have been paid only when the amounts arecredited to the accounts of the Maintenance Agency.

IV) In the event of delay/default by the User in payment of the Maintenance Charges/ utilities bills by the duedate mentioned in the bills, the Maintenance Agency shall have the right to adjust the unpaid amount, in thefirst instance from the Maintenance Agency shall have the right to adjust the same from the principalamount of IFMS.

V) In case due to the aforesaid adjustment, the principal amount of IFMS falls below the required amount, then theUser shall be liable to make good such short fall within fifteen (15) days failing which the User shall be liable topay interest @ 18% p.a. on the unpaid amount for the period of delay in payment after the due date. If the Userdefaults in making the shortfall within a further period of fifteen (15) days, the Maintenance Agency shall havethe right to withhold / discontinue the Maintenance Services/ utili ties for the Said Apartment, at any time,without any further notice. Notwithstanding anything contained herein, the Maintenance Agency shall have thefirst charge on the Said Apartment for the recovery of the aforesaid unpaid amounts (including interest thereon).

VI) Without prejudice to the right to the Maintenance Agency to recover the Maintenance Charges/ utilities billsin the aforesaid manner and to charge interest for the period of delay, the unpaid bill shall be deemed to bea notice to the User to the effect that if the amounts stated in the bill is not paid by the due date, theMaintenance Agency shall have the right to discontinue the provision of Maintenance Services/utilities/to runand operate the equipments of utilities to the User till the date of payment of the unpaid amount along withinterest.

VII) All returned/dishonored cheques shall be subject to legal action under the provisions of Negotiable InstrumentAct, 1881 or any modification thereof apart from civil action for recovery of the amount. The MaintenanceAgency shall be entitled to recover bank charges in addition to bill amount, interest at the rate of 18% p.a. andother charges as provided in this Agreement in case of dishonored cheques.

VIII) The payment of bill shall not be held up/delayed even if there are any differences or disputes as to its accuracy.Any such difference or disputes regarding accuracy of the bill shall be separately settled as provided inClause 7 of this Agreement.

IX) Notwithstanding any clause of this Agreement, the liability of the Maintenance Agency to provide MaintenanceServices is conditional on the Maintenance Agency getting the Maintenance Charges/utilities bills within thestipulated time from all the users and in the event there is a default by the apartment owners to pay theMainteance Chareges/utility bills the Maintenance Agency shall not be obliged to provide any MaintenanceServices and/or run or operate the utilities equipments to any of the apartment owners till the date the unpaidamounts are received, irrespective of the Maintenance Charges paid by any apartment owner.

4. USER’S OBLIGATIONS:i) The User undertakes to comply with the provisions of this Agreement.

ii) The User further agrees that the User’s right to use the Common Areas and Facilities, shall be subject toregular and prompt payment of Maintenance Charges as billed by the Maintenance Agency. In case of failure


to do the same, the User shall lose the right to use any of the Common Areas and Facilities and to obtain thesupply of utilities and other services, the Maintenance Agency shall have the right to recover the amountsdue as per law.

iii) The User shall be responsible for insuring the contents within the Said Apartment at the User’s own cost, riskand responsibility. Further, the User shall not do or permit to be done any act or thing which may render voidor voidable insurance of any building or any part of the Said Building/Said Complex or cause increasedpremium to be payable in respect thereof. Such increase in the premium due to the above default, shall beborne and paid by the User only.

iv) The User shall maintain the Said Apartment at the User’s own cost, in a good repair and condition and shallnot do or suffer to be done anything in or to the Said Apartment, or to the Said Building, or to the CommonAreas and Facilities which may constitute violation of any law or rules of any authority or cause detriment tooccupants of the Said Building/Said Complex or change or alter or make additions to the Said Apartment andkeep the Said Apartment, its walls and partitions, sewers, drains, pipes and appurtenances thereto or belongingthereto, in good and tenantable repair and maintain the same in a fit and proper condition and ensure that thesupport, shelter etc. of the Said Building is not in any way damaged or jeopardized. The User furtherundertakes, assures and guarantees that the User would not put any sign-board / name-plate, neon-light,publicity material or advertisement material etc. on the face/facade of the Said Building or anywhere on theexterior of the Said Building or common areas. The User shall also not change the colour scheme of the outerwalls or painting of the exterior side of the doors and windows etc. or carry out any change in the exteriorelevation or design. Further the User shall not store any hazardous or combustible goods in the Said Apartmentor place any heavy material in the Common Areas and Facilities including the common passages or staircaseof the Said Building. The User shall also not remove any wall, including the outer and load bearing wall of theSaid Apartment. The User shall plan and distribute the User’s electrical load in conformity with the electricalsystems installed by the Company. The non- observance of the provisions of this clause shall entitle theMaintenance Agency, without prejudice to other rights and remedies which it may have, to enter the SaidApartment, if necessary and remove all non-conforming fittings and fixtures at the cost and expense of theUser. The User agrees to keep the Maintenance Agency indemnified and harmless against any loss or damagethat may be caused to the Maintenance Agency in this regard.

v) The User shall also be liable to pay the cost (in addition to) Maintenance Charges/utilities, as and when anyplant & machinery within the Said Complex/Said Building as the case may be, including but not limited to lifts,DG sets, electric sub- stations, pumps, firefighting equipment, any other plant/equipment of capital nature etc.require replacement, up gradation, additions etc. the cost thereof on pro-rata basis. The User acknowledgesthat the Maintenance Agency shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof.

5. LIMIT ON THE RESPONSIBILITY OF THE MAINTENANCE AGENCYI) The User understands that the Maintenance Agency may engage other agencies/contractors to provide one/

more/ all Maintenance Services under separate agreements.The Maintenance Agency’s responsibility will belimited only to the extent of supervision of these agencies’ work and to ensure that their operation is inconformity with the agreement executed by them and to replace an agency if its performance is not upto thedesired standards. The Maintenance Agency accepts no legal liability whatsoever arising from acts ofomission, commission, negligence, defaults of the aforesaid agencies in providing the Maintenance Services.The Maintenance Agency shall not be liable for any delay, loss or damage caused by agencies’ failure orrefusal to timely provide services.

II) The Maintenance Agency shall in no way be responsible or liable for any fire, electrical, pollution, structural orany kind of hazard originating from the Said Apartment/Said Building/Said Complex including those or due toelectrical devices installed in the Said Apartment. The hazards aforesaid originating from the Said Apartment/Said Building/Said Complex shall not impose any kind of legal or financial liability on the Maintenance Agencyand the User(s) agrees to keep the Maintenance Agency indemnified and harmless against any loss or damagethat may be caused to the Maintenance Agency in this regard. The User shall ensure that the internal air-conditioning and electrical systems and any other work or thing done internally within the Said Apartment orexternally, shall not pose any fire, electrical, structural, pollution and health hazard for which the User shallsolely be responsible for all legal and financial consequences arising thereon.

6. GENERALi) The Maintenance Agency shall have the right to assign this Agreement or any part thereof to any other person/

entity as it may deem fit.

ii) All costs, charges and expenses payable on or in respect of this Agreement and on all other instruments anddeeds to be executed, if any, pursuant to this Agreement, including stamp duty on this Agreement, legal fees,if any, shall be borne and paid solely by the User.


iii) The Maintenance Agency shall retain the original of this Agreement and the User shall be provided with aduplicate copy thereof.

iv) The failure of the Maintenance Agency to enforce at any time or for any period of time any provision(s) hereofshall not be construed to be waiver of any provision(s) or of the right thereafter to enforce any or each and everyprovision(s) of this Agreement.

v) If any provision of this Agreement shall be determined to be void or unenforceable under any law such provisionshall be deemed amended or deleted to the extent necessary to conform to applicable law and the remainingprovisions of this Agreement shall remain valid and enforceable.

vi) This Agreement is in consonance and not in derogation to the Apartment Buyer’s Agreement and theConveyance Deed.

vii) Any notice, letter or communication to be made, served or communicated under these presents shall be inwriting and shall be deemed to be duly made, served or communicated only if the notice or letter orcommunication is addressed at the aforesaid address and sent by registered post.

viii) It is clearly understood and agreed between the parties that all the provisions contained herein and theobligation arising there under shall equally be applicable to and enforceable against any and all occupiers,tenants/employees of the User and/or subsequent purchasers of the Said Apartment, as the said obligationsgo along with the Said Apartment for all intents and purposes.

ix) Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or defaultin performing hereunder if such delay or default is caused by conditions beyond its control including, but notlimited to Acts of God, Government restrictions (including the denial or cancellation of any export or othernecessary license), wars, insurrections and/or any other cause beyond the reasonable control of the partywhose performance is affected.

x) Notwithstanding anything provision contained herein or in the Apartment Buyer’s Agreement, the Company shallhave the right to terminate this Agreement by giving a six (06) months notice, without giving any reasonwhatsoever.

xi) The User, of does not want to continue with the terms and conditions of the Agreement will have to give noticefor non-renewal of the Agreement three months prior to the expiry of the Initial period. If such similar notice isreceived from 75% of the apartment owners then the Agreement shall come to an end after the Initial Period,failing which the Agreement shall stand renewed for subsequent time period as decided by board.

xii) If the User commits any breach of any of the terms and conditions of this Agreement, then the User shall beliable to pay outstanding dues and liquidated damages equivalent to the amount paid as Maintenance Chargesduring the last twelve (12) months, which the User agrees are fair, just and reasonable estimate of the damagesthat Maintenance Agency will suffer.

7. DISPUTE RESOLUTION BY ARBITRATIONIn the event of any differences or disputes arising between the parties herein in connection with or arising out ofthis Agreement including matters connected with the accuracy of bills, supply of Maintenance Services orinterpretation of any of the terms and conditions hereof, which cannot be determined amicably, or settled through anagreement between the parties herein, the matter shall be referred to arbitration of sole arbitrator to be appointed bythe Maintenance Agency and whose decision shall be final and binding upon the parties. The User herebyconfirms that the User shall have no objection to this appointment even if the person so appointed, as the arbitrator,is an employee or advocate of the Maintenance Agency or is otherwise connected to the Maintenance Agency andthe User confirms that notwithstanding such relationship/connection, the User shall have no doubts as to theindependence or impartiality of the said arbitrator. Reference to arbitration shall be without prejudice to the right ofthe Maintenance Agency to effect recovery of arrears of dues (through disconnection of supply or otherwise). Thearbitration proceedings shall be held at an appropriate location in BAROG alone and shall be in accordance withthe Arbitration and Conciliation Act, 1996 or statutory modifications thereto. The Courts at Solan alone and/or HighCourt at Shimla alone shall have the jurisdiction.IN WITNESS WHEREOF the parties have set their hands to this Agreement at the place and on the day, monthand year first above written.in the presence of

WITNESSES1. Signature

Name

Address


For and on behalf of M/s

(AUTHORISED SIGNATORY)

For and on behalf of M/s

.........................................

Annexure-VIIANNEXURE-I (of Annexure VII)

APPLICATION FOR SUPPLY OF ELECTRICAL ENERGYDATE:

CONNECTION NO.:ToThe Manager,

………………………………..,

……………………………….., Barog

The Allottee agrees to take from HPSEB/HPERC, (hereinafter called” ") at the Said Villa stated below, supply ofElectrical Energy not exceeding the connected load/contract demand of the Allottee’s installation as below. TheAllottee hereby further agrees to pay for the said supply in accordance with the rates and charges laid down in theSchedule of tariff, prescribed by from time to time. The Allottee assures that the Allottee shall when required byto do so, lodge with its office a security deposit and charges as mentioned in Schedule of tariff.

The Allottee hereby declares that the Terms and Conditions of supply of Electrical Energy including

Schedule of tariff as stated in this Application, have been signed and understood by the Allottee and the Allotteeagrees to be bound by them strictly in accordance with these Terms and Conditions, which form an integral part ofthis Application.

Schedule of Energy Electrical LoadTyped of Load Quantity Wattage Each Total Watts

Light PointsFan Points

Light Plug PointsPower Plug Points

Air ConditionersRoom CoolersWater Heaters/Geysers

Heating EquipmentsMotorsRefrigerationOthers

Total connected load not to exceed…………….....................KVA

Contract Demand Load - Not to exceed………………………… KVA

Supply required single phase

…………………………………..

Signature of Applicant

(Name and Address)

For Use of…………………….

Contract of supply is……………………KW subject to the Terms and Conditions and schedule of Tariff

Accepted on behalf of………………

AUTHORISED SIGNATORY


TERMS AND CONDITIONS OF SUPPLY OF ELECTRICAL ENERGY………………….shall, after receiving permission for bulk supply of electrical energy from HPSEB/HPERC or anyother licensing and/or Regulatory Authority, and also having standby captive generator sets along with the operationaland maintenance responsibility of the electrical system, agrees to supply/distribute the electrical energy to Mr./Mrs./Ms………………………… (Hereinafter referred to as “User”) based on the following terms and conditions;

1. Definitions:(a) “Act” means the Indian Electricity Act, 1910 as amended from time to time.

(b) “User “means Mr./Mrs.jMs.

(c) “ “ means the being the distributing agency and its nominees, assignees, administrators, successors,etc.

(d) “Connected Load” means the sum of the rated capacities of all the energy consuming apparatus in theUser’s installation.

(e) “Contract Demand” means the maximum demand load projected by the User at the time of Application.

(f) “Electrical Energy Charges” shall mean charges for energy consumed by the Userwhether supplied by from HPSEB/HPERC source or through standby DG Set(s) etc. and is applicable tothe units consumed by the User in any month.

(g) “Month” shall mean a Calendar month.

(h) “Supply Act” shall mean The Electricity (Supply) Act 1948, as amended from time to time.

(i) “Said Apartment” shall be the apartment allotted to the Allottee.

U) “Rules” shall mean the Indian Electricity Rules, 1956 as amended from time to time.

2. Acceptance of Application:(a) After the application is accepted by Maintenance Agency, the User shall pay a security deposit as may be

demanded by Maintenance Agency which may correspond to the deposit paid/payable to HPSEB byMaintenance Agency. The User also undertakes to make deposit towards hire of the electricity meter to beprovided by Maintenance Agency.

(b) As Maintenance Agency shall, on behalf of the occupants of the Said Complex, including the User, applyfor permission to distribute the electrical energy to the Said Apartment/Said Complex. The User in pursuanceto the requirements of HPSEB and that of this Application undertakes not to apply to HPSEB directly forsupply of any electrical energy to the Said Apartment.

3. Point of Supply:Maintenance Agency shall give the supply of energy to the User at one point as Maintenance Agency maydecide and the switch board and meters etc. on the Said Apartment for the reception of Maintenance Agency’ssupply shall be erected by Maintenance Agency. The User undertakes to pay on demand to MaintenanceAgency, installation charges, testing charges, meter charges, as set out in the schedule of tariff annexed tothis Agreement. All the installations of Maintenance Agency shall be maintained in good condition by the User.

4. Approval of User’s installation:Before any wiring apparatus is connected to Maintenance Agency supply lines, it shall be subjected to theinspection and approval by Maintenance Agency’s representative and no connection shall be made fromMaintenance Agency’s supply line by any person other than authorized representative of Maintenance Agency.

5. Wiring Conditions:(a) The wiring and apparatus compressing the User’s installation must always be in good order and condition,

so as not to affect injuriously the Maintenance Agency work or the use of electrical energy by other users.

(b) The wiring shall conform to the provisions of the Rules and the relevant ISI code and the requirement of theparticular Fire Insurance Company with which the Said Complex or Said Apartment may be insured andwith such wiring regulations of Maintenance Agency as may be in force from time to time.


(c) The User must in all cases provide linked, quick break main switches, and a main fuse on each pole otherthan the earthed neutral which must be placed within three feet of Maintenance Agency’s meter or in suchother position as shall be approved by Maintenance Agency.

(d) No addition/ alteration in the Electric Installation Work, no addition of load other than contracted upto,shall be carried out by the User without the knowledge of Maintenance Agency. The User cannot connector sub-let the load, or permit connection from its sanctioned supply to any other apartment.

6. Extension to the User’s Installation:In the event of any unauthorized extension to the installation or of any unauthorized increase in contracteddemand or sub-letting by the User, Maintenance Agency shall be entitled do disconnect the supply to the SaidApartment and in the event of any damage to Maintenance Agency’s system resulting from such unauthorizedextensions, the User shall pay to Maintenance Agency all expenses on account of and connected with suchdamage as determined by Maintenance Agency.

7. Defects in the User’s Installation:In the event of any defects being discovered in the User’s wiring or apparatus connected to MaintenanceAgency’s supply lines or of any earth or leakage occurring on any section of the circuits so connected, theUser in the absence of any of Maintenance Agency’s authorized employees, shall immediately disconnectsuch part of the wiring or apparatus from the circuit and notify the Maintenance Agency. Maintenance Agencyshall reserve the right to disconnect at any time such sections from its supply systems.

8. Meters:(a) A correct meter shall be installed, sealed, maintained by the Maintenance Agency at each point of supply

at the Said Apartment of the User and shall remain the property of Maintenance Agency so long as theContract of supply subsists. Maintenance Agency reserves to itself the right to fix the position of the saidmeter.

(b) The said meter, shall not be connected, disconnected or unsealed by any person other than MaintenanceAgency’s authorized employees. The User shall ensure that meter seal is not broken or tampered with.

(c) The authorized employee of Maintenance Agency shall be allowed by the User have access to and be atliberty to read, inspect, test and if considered necessary remove the meter for testing etc.

(d) If the User requires the said meter to be removed, he/she shall give notice to that effect in writing toMaintenance Agency, which may comply with such notice subject to the User paying prescribed chargesin advance.

(e) Should the User dispute the accuracy of the said meter, it may upon giving notice in writing to MaintenanceAgency and paying in advance a prescribed fee, cause a test of the meter to be made by MaintenanceAgency and if on such test being made the meter should prove to be not correct, Maintenance Agencymay adjust the User’s account with retrospective effect for a period of not exceeding………….monthsimmediately preceding the date of such test or the date of removal of such a meter for purpose of test asmay be considered appropriate by Maintenance Agency in its sole discretion. Should the meter prove tobe correct, the amount paid by the User for the test will stand forfeited.

(f) In case Maintenance Agency, at any time, detects the meter at the Said Apartment to be incorrect,Maintenance Agency shall cause a test of the said meter carried out, and in case the meter proves to benot correct, the User’s account will be adjusted, as described above in sub-clause (e) above.

(g) Subject to the provision of sub-clause (e) and (f) above, the supply consumed by the User as indicated bythe meter shall be binding on the User.

(h) If Maintenance Agency at any time detect the meter at a User’s apartment to be in-operative (or the Userso informs Maintenance Agency), it shall be replaced with a correct meter. The electricity supplied to theUser during the period in which the said meter had ceased to function shall be determined by takingaverage consumption for the last three months preceding the period in which the meter had ceased tofunction, or the average of the corresponding months of the preceding year, whichever is higher.

Provided that if the meter ceased to function within the first three months of commencement or resumption ofsupply, the averages of the electricity supplied during the three months subsequent to the replacement of thedefective meter by a correct meter shall be taken as the basis of billing.


9. Liability of the User for damage to Maintenance Agency’s Apparatus:The User shall be solely responsible, as determined by Maintenance Agency, for any loss or damage, to anysupply lines, main fuses, meters and/ or other apparatus belonging to Maintenance Agency on the Said Apartment,whether caused maliciously or through culpable negligence or default on the part of the User.

10. Prejudicial Use of Supply:(a) The User shall not keep connected to Maintenance Agency supply, any apparatus which Maintenance

Agency may deem to be likely to interfere with or affecting injuriously Maintenance Agency’s supply toother users.

(b) The User shall not keep unbalanced loading on the three phases of the supply taken from MaintenanceAgency, the maximum permissible difference in current between any two phases being five percent.

(c) The User shall not make such use of the supply given by Maintenance Agency as to interfere. with thesafety or efficient working of Maintenance Agency’s supply lines or other works, or to act prejudicially toMaintenance Agency in any manner whatsoever.

11. Discontinuance of Supply:(a) Maintenance Agency reserves the right to discontinue supply to the User by giving seven (7) days notice

in writing if the User defaults in making payment of the bill on due date or there are reasons to believe thatthe User is contravening any of the provisions of the Act or of these conditions of supply or is committinga breach of this Agreement.

(b) Theft of Energy: In case any representative of Maintenance Agency detects any theft/pilferage of electricalenergy on the Said Apartment, its connection is liable to be disconnected immediately without any notice.

(c) Maintenance Agency is providing the User various maintenance services, inter alia street lights, lifts, watersupply, generator sets etc. which require and depend on electricity for its operation and maintenance.Moreover, the electric connection provided in the Said Apartment is possible and maintained when theelectrical installation/ system are maintained well by Maintenance Agency. For maintenance servicesMaintenance Agency raises separate charges every month in addition to electricity consumption chargesin the Said Apartment and both form a part of total maintenance services bill. Failure to pay amount ofsuch maintenance services bill within seven days of the notice after the due date as notified in the bill willentitle Maintenance Agency to disconnect the electricity supply to the Said Apartment under this Agreement.

12. Failure of Supply:Maintenance Agency shall not be liable for any claims for loss, damage or compensation, whatsoever, arisingout of failure or shortage in supply due to, either directly or indirectly, war, mutiny, civil commotion, riot, strike,lock-out, fire, flood, tempest, lightening earthquake or other force majeure conditions or occurrence beyond thecontrol of Maintenance Agency or inadequate or low quality of supply from BESCOM to Maintenance Agency.

13. Security Deposit:Before commencement of supply of electrical energy to the Said Apartment, the User shall be liable to pay toMaintenance Agency, interest-free Security Deposit, Meter Hire Charges and other charges as set out in theschedule of tariff attached as Annexure- II to this Agreement. The User agrees to pay/reimburse to MaintenanceAgency further deposits as may be demanded by HPSEB/HPERC from Maintenance Agency under the BulkSupply Scheme applicable to the Said Complex.

The User agrees that he/she shall pay on demand such security deposits as may be demanded by MaintenanceAgency, if the User habitually defaults in the payment of his / her bills.

14. Bills:Maintenance Agency shall render bills to the User on monthly basis, which shall be payable on or before thedue date as mentioned in the bill.

If the bill is not paid in full on the due date and seven days thereafter the User shall, thereafter, render himself/herself to have the electric supply to the Said Apartment disconnected by Maintenance Agency, without prejudiceto the right of Maintenance Agency to recover the amount of the bill as arrears. After full payment, the objection,if any, with regard to the accuracy of the bill shall be made in writing to Maintenance Agency and the amountof such bill paid under protest within the aforesaid period will be regarded as advance to the credit of the User’saccount until such time the objection is settled through arbitration process. Should the Said Apartment be sodisconnected of supply, the connection shall not be restored by Maintenance Agency, until full settlement shall


have been made by the User of all outstanding dues including interest for delay, Security Deposit, (if same wasearlier adjusted) & the charges for reconnection of supply as may be prescribed.

15. Right of Maintenance Agency to nominate/assign/entrust the Work of Supply of Electrical Energy:The User agrees that the User shall not object if Maintenance Agency at any time, in its sole discretion handsover/nominates/assigns / entrusts work of supply of electrical energy to such nominee/ assignee, other bodycorporate, agency, Association/Society of apartment owners etc. as it may in its sole discretion deem fit, andin the event this Agreement shall continue to be valid and enforceable between the nominee/assignee, otherbody corporate, agency, society of occupants etc. and the User.

16. Interpretation:The conditions of supply shall be subject to this Agreement, Maintenance Agreement, the Act and the SupplyAct. However, nothing in these terms and conditions shall abridge or prejudice the rights of the parties as maybe available under any law in force in India.

17. Schedule of Tariff & Charges and Rights of Maintenance Agency to Revise the Schedule of Tariff andCharges:The Schedule of Tariff and Charges for supply of electrical energy is enclosed as Annexure-_. MaintenanceAgency reserves the right to amend, cancel or add to, at any time, to any of these Schedule & Conditions ofTariff based on revision of tariff and condition of supply between BESCOM & Maintenance Agency.

18. Access to Said Apartment:The User shall not assign, transfer in whole or in part, with the benefit of this Agreement nor shall the User inany manner part with or create any partial interest there under or sublet the same.

19. Service of Notice:(a) Any notice by Maintenance Agency to the User shall be deemed to be duly given, served in writing

addressed to the User delivered by hand at, or sent by registered post to the address specified in thisAgreement or as subsequently notified to Maintenance Agency.

(b) Any notice by the User to Maintenance Agency shall be deemed to be duly given if served in writingaddressed to Maintenance Agency and delivered by hand at or sent by registered post to the registeredoffice of Maintenance Agency.

20. Disputes:Excepting the cases of theft/ pilferage of electric energy or interference with Meter etc., which are inter aliaoffences in the event of any differences or disputes arising between Maintenance Agency and the User inrespect of any matter connected with the supply or interpretation of any of these terms and conditions whichcannot be determined amicably, or settled through an Agreement between Maintenance Agency and the User,the matter shall be referred to arbitration of sole arbitrator to be appointed by the Maintenance Agency. Referenceto arbitration shall be without prejudice to the right of Maintenance Agency to effect recovery of the arrears ofdues (thorough Disconnection of electricity supply or otherwise). The decision of arbitrator shall be final andbinding on the parties. The arbitration proceedings shall be held at Bangalore and shall be in accordance withthe Arbitration and Conciliation Act, 1996 and statutory modifications thereto. The Courts at Solan, Kasauli andthe Shimla High Court at Shimla alone shall have the jurisdiction for all matters or dispute arising out ortouching and/ or covering this transaction.

For and on behalf of

.................................................... Mr. / Mrs. / M/s…….....................……………

.................................................... ..................................................................

(User)



Annexure-VII

ANNEXURE- II (of Annexure VII)SCHEDULE OF TARIFF (as applicable presently)

1. ENERGY CHARGES:

a) For billing purpose during the Finance year.

(On Prevalent HPSEB Charges to its direct users)Current Rate / Unit Rate : Rs. ............................

Rate : Rs. ............................

2. INTEREST-FREE SECURITY DEPOSITS:

a) Service Connection Deposit : Rs. ............................

b) Advance Consumption Deposit : Rs. ............................per KV(Refundable)

c) Meter Security Deposit : Rs. ............................

3. MINIMUM DEMAND CHARGES: : Rs. ............................ of Contract Demand

4. MISCELLANEOUS:

a) Meter Installation Charges : Rs. ............................

b) Meter Testing Charges : Rs. ............................

c) Re-connection / Disconnection Charges : Rs. ............................

d) Periodic Inspection Charges : Rs. ............................

e) Meter Hire Charges per month : Rs. ............................

Note:

This Schedule of Tariff shall correspond to the Schedule of Tariff of HPSEB/HPERC prevailing on the date of executionof this Application. Any amendment, addition, alteration or modification in the Schedule of Tariff of HPSEB/HPERCshall be deemed to be automatically incorporated in this Schedule of Tariff without any notice and shall be binding onthe User.

Cost of the meter shall be recovered from the User in full if it is damaged due to excess power consumption by theUser, over and above the sanctioned load.

Annexure-VIII

APPLICATION FOR BECOMING MEMBER OF THE ASSOCIATON(To be filled up by the Allottee)

From:

…………………………………...............................

…………………………………...............................

…………………………………...............................

To,

The Secretary

…………………………………...............................

…………………………………...............................

Kasauli.

Sir,

I have entered into an Agreement with M/s. Delanco Realtors Pvt. Ltd to purchase a Apartment No……

Kindly enroll me as a member of…………………………….. (Please confirm the name of Association)……………………………….for which I herewith remit a sum of Rs. ……………………………………………towardsentrance fee of the Said Association.

Also kindly let me know the annual subscription fee to be paid and a copy of the by-laws of the Said Associationmaybe supplied to me.

Kindly keep me informed of the activities of the Said Association from time to time.

Thanking you,

Yours faithfully

( ) x

Member


Annexure-IX

UNDERTAKING

I……………………………………………………….S/W/D/O Sh.………………………………….............

R/o ……………………………………………………………………………………………………have beenallotted apartment no. ……..................………………….on in The Woods, Barog. I am aware that M/s………………………………………………………… (The Maintenance Agency) is entrusted with the taskof providing maintenance services to the entire complex including the supply of electricity to all theapartment owners for which purpose the Maintenance Agency shall be applying for permission to receivebulk electric supply and distribute it to the various apartment owners. The Maintenance Agency hasinformed me that they shall be responsible for receiving and supplying the electricity supply in the complex,for sanctioning electricity load, for installation of meters, billing and recovery etc. I am agreeable toreceive the electricity supply from the Maintenance Agency and I undertake that I shall not apply toHPSEB/HPERC or any other distributing/Regulating/ Licensing Agency/Authority for direct individual supplyof electric power and I understand that I shall not be entitled for such direct connection in view of therelease of bulk electric supply to the Said Complex.

X........................................

(Allottee)


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