THIS ARTICLES OF AGREEMENT is made and entered into at

Khalapur, on this ……..day of Month of in the year 20 .

Between

M/S. CHOICE BUILDCON LLP, a partnership firm constituted under the

provisions of Indian Partnership Act, 1932, PAN – AAKFC3820G, having
Office at 1402, Bhumiraj Costarica, Plot No. 1 & 2, Sector No 18, Palm Beach
Road, Sanpada, Navi Mumbai – 400705 through its Partner Shri. DEEPAK
VALJI KARIA age 59 years, hereinafter referred to as
"PROMOTER/DEVELOPERS” (which expression shall unless it be
repugnant to the context or meaning thereof, mean and include its
successors/ successor for the time being, the survivor or survivors of them
and the heir, executor, administrators and assigns of such last survivor) of the
ONE PART,

AND

MR. PRAVIN BHAGWAN PAWAR–ASKPP6385K AND MRS.

RESHMA
PRAVIN PAWAR –DHIPP9892K having address at: A-6, Room No-0/16,
Jog Colony, Sector – 10, Kalamboli Node, Raigarh, Kalamboli Node,
Maharashtra – 410218. Hereinafter referred to as the “ALLOTEE/S/
PURCHASER/S” (which expression shall, unless it be repugnant to the
context or meaning thereof be deemed to include his / her / their heirs,
executors, administrators, and permitted assigns) of the OTHER PART.

A. WHEREAS :

1. By and under a Deed of Sale, dated 01/03/1935, Smt. Bhagabai

Narayan Mande & Shri. Shankar Narayan Mande had sold, conveyed
& transferred the agricultural land bearing Survey No.24, Hissa
No.1, and area admeasuring area about H-R-P. 0-50-9 situate, lying
& being at Village-Rees, Taluka Khalapur, District Raigad,
(hereinafter referred to the as Agricultural Land 24/1) along
with other landed properties to Shri. Trimbak Damodar Soman, for
consideration and on terms and conditions as set out in the said
Deed of Sale. By Mutation Entry No197 Shri. Trimbak Damodar
Soman name was entered in revenue record and effected & certified
by the Concerned Circle Officer.

2. Trimbak Damodar Soman died on 03/12/1965 leaving behind him (i)

Shri Krushnaji Trimbak Soman;(2)Shri. Vinayak Trimbak Soman,(3)
Shri. Madhukar Trimbak Soman, (4)Shri. Shashikumar Trimbak
Soman, as a sons and (5)Smt. Umabai Trimbak Soman, as a widow
wife (6)Smt.Indumati Dattatray Athavale,(7) Smt. Latabai Sadashiv
Paranjpe, (8) Smt. Sulabha Keshav Bhave,(9)Smt. Chhaya Dattatray
Karandikar, (10)Smt. Shakuntala Vitthal Gogte and (11) Smt.
Shubhangi Mahesh Joshi as a married daughters. After the demise of
Shri.Trimbak Damodar Soman, name of Shri Krushnaji Trimbak

3. Soman was recorded as Karta of Hindu undivided family on the 7/12

extract of the said Agricultural Land 24/1 Mutation Entry No 831 to

Page 1 of 76
 that effect was effected& certified by the Concerned Circle Officer.

4. By the Sale Deed, dated 29/01/1983 registered under No 119 of 1983

with Sub- Registrar Karjat on same day Shri. Krushnaji Trimbak
Soman had sold, conveyed

Page 2 of 76
 & transferred the said Agricultural Land 24/1 to Shri.Vishwas
Dhondo Joglekar and Smt.Kshama Vishwas Joglekar for
consideration and on terms and conditions as set out therein.

5. Upon the death which occurred prior to two year from the date
28/10/1986 Shri Vishwas Dhondo Joglekar died leaving behind him
(1) Smt. Kshama Vishwas Joglekar, (2) Smt. Dipti Vishwas Joglekar,
(3) Smt .Hemangi Vishwas Joglekar and (4) Shri Nikhil Vishwas
Joglekar as his legal heirs, Hemangi Vishwas Joglekar and Shri.
Nikhil Vishwas Joglekar were minor and therefore Smt. Kshama
Vishwas Joglekar was recorded as natural guardian of them as a
mother. There are no other heirs except them. Mutation Entry
No.1724 to that effect was effected& certified by the concerned
Circle Officer on 13/11/1986.

6. By an independent order under its Ref.

No.Binsheti-Kat-3-12148/LNA/SR- 78/90, dated 15/07/1991 & Ref.
No. Binsheti-Kat-3-9986/Prakra/16/91, dated 20/07/1992 the Hon'ble
Sub Divisional Officer, Panvel, has granted its permission to convert
the said agricultural Land bearing Survey no. 24/1 (more particularly
described in scheudule-2 herein) into nonagricultural land as per the
application, dated 09/10/1990 filed by Smt.Kshama Vishwas Joglekar
and 3 others, and upon certain terms and conditions contained
thereon. And subsequently the said agricultural Land 24/1 was
converted into non agricultural land for the construction of building
for residential purpose and accordingly the said Agricultural Land
24/1 was divided into non agricultural Plots as per the lay out.
Mutation Entry No.2382 to that effect was effected& certified by the
concerned Circle Officer on 23/02/1993.

7. By and under Conveyance Deed, dated 22/05/1997, (1) Smt. Kshama

Vishwas Joglekar, (2) Smt.Dipti Vishwas Joglekar alias Mrs. Dipti
Vilas Salunkhe, (3) Shri Nikhil Vishwas Joglekar and (4)Smt.
Hemangi Vishwas Joglekar alias Mrs
.Rukmini Madhav Gogte had sold, conveyed & transferred the non
agricultural land bearing Survey No.24, Hissa No.1, area
admeasuring about H.R.P. 0-50-9, situate, lying & being at Village-
Rees, Taluka- Khalapur, District Raigad, more specifically described
in Second Schedule hereunder written (hereinafter referred to as
the Property bearing survey no. 24/1) to Shri Gopal Kandas
Gallani for consideration and on terms and conditions as mentioned
therein.

8. The said Conveyance Deed was duly stamped & registered in the
office of Sub- Registrar of Assurances at Mumbai vide its registration
of Serial No.2142/97 on 22/05/1997. Mutation Entry No.2846 to that
effect was effected& certified by the concerned Circle Officer.

9. In pursuance of the said Conveyance Deed, dated.22/05/1997 (1)

Mrs.KshamaVishwas Joglekar, (2) Ms Dipti Vishwas Joglekar alias
Mrs. Dipti Vilas Salunkhe, (3) Shri. Nikhil Vishwas Joglekar and (4)
Ms Hemangi Vishwas Joglekar alias Mrs. Rukmini Madhav Gogte,
have handed over vacant & possession of the said Property 24/1 to
Shri. Gopal Kandas Gallani.

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10. Upon execution of said Conveyance Deed, dated.22/05/1997 and
upon perusal of Index-II, at Serial No.2142/97 issued by Sub
Registrar of Assurances at Mumbai in respect of the same, the Circle
Officer of Village-Chowk, Taluka Khalapur has effected & certified
the Mutation Entry No.2646 of Village-Rees,TalukaKhalapur. District
Raigad.

Page 4 of 76
11. By virtue of the said registered Conveyance Deed,
dated.22/05/1997, Shri Gopal Kandas Gallani was absolutely seized
& possessed of or otherwise well & sufficiently entitled to the said
Property bearing Survey No. 24/1.

12. The Collector & Competent Authority Thane Nagari Sankulan,

Thane has issued ULC certificate, dated.26/03/1999 in respect of the
said Property.

13. By Development Agreement dated.22/05/1997 (Development

Agreement) entered into by and between Shri Gopal Kandas
Gallani, (being the Owner therein), Mr.S.K. Mistry, (being the
Developer therein) and (1) Mrs .Kshama Vishwas Joglekar, (2) Ms
Dipti Vishwas Joglekar alias Mrs .Dipti Vilas Salunkhe,
(3) Shri Nikhil Vishwas Joglekar and (4) Ms Hemangi Vishwas Joglekar
alias Mrs
.Rukmini Madhav Gogte, (being the Confirming Party therein); the
Owner has agreed to give development rights on the area of 611.124
Sq. Mtrs. out of total area of said Property 24/1.

14. The said Developer Mr. S. K. Mistry has constructed a building

structure having ground floor + two upper floors consisting of 12
residential flats as per the sanctioned and approved plan on the area
of 611.124 Sq. Mtrs. out of total area of said Property 24/1.

15. The said Developer Mr. S. K. Mistry has agreed to sold 8 flats
(admeasuring 680 sq.ft each) being flat No 1 to 8 and 10 & 12 unto
M/s. Unitop Chemicals Private Limited and M/s. Techno Product
(BOM) Private Limited. M/s. Unitop Chemicals Private Limited and
M/s. Techno Product (BOM) Private Limited under different
agreement of sale and the same have been duly lodged for
registration with the office of the Sub-registrar.

16. Due to various reasons, the said Developer Mr. S. K. Mistry could
not complete the said building and/or obtain the occupancy
certificate in respect of the said building to be constructed on the
area of 611.124 Sq. Mtrs. out of total area of said Property 24/1.

17. By the Deed of Sale cum Conveyance dated 26 th October 2013

registered under No KLR-1-4288-2013, wherein M/s Choice Buildcon
Private Limited(being purchaser therein as second part) purchased
the said Property 24/1 including consisting of 12 residential flats
constructed on the area of 611.124 Sq. Mtrs from the M/s. Unitop
Chemicals Private Limited and M/s. Techno Product (BOM) Private
Limited(being the Vendors therein as first part) with consent of Shri
Gopal Kandas Gallani (being the Land Owner therein as third part)
and Mr. S. K. Mistry (being the Developer-confirming party therein
as fourth part)upon the consideration and other terms and conditions
as therein mentioned.

18. By the Mutation Entry No 3435the name of the M/s Choice

Buildcon Private Limited are recorded in 7/12 extract by referring
INDEX II extract issued by the sub registrar, Khalapur District
Raigad and Tahsildar, Khalapur by its Order No Hakka
nond/Kat/4/10241/08 dated 28/08/2008 in respect of the said

Page 5 of 76
 Property 24/1;

19. One Shri. Ladku Nathu Parange had preferred tenancy

suit/application with Tahasildar, Khalapur for declaring him to be the
tenant of the agricultural land bearing Survey No22, Hissa No2, area
admeasuring about H-R-P. 0-56-1, situate, lying &being at Village Rees,Taluka
Khalapur,District- Raigad (hereinafter referred

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 to as the Agricultural Land bearing survey no.22/2). The
Tahasildar Khalapurvide its order under Ref. No.18/71, declared Shri
Ladku Nathu Parange as a tenant of the said Agricultural Land 22/2
and accordingly name of other tenants Shri. Dattatrey Antu Sawant
and Shri. Nathu Pandu Sawant from the other rights column of 7/12
extract were deleted. Mutation Entry No.963 to that effect was
effected& certified the concerned Circle Officer.

20. Upon the death of Yashodabai Prabhakr Palnitkar, who died on

06/10/1972.ShriAnant Shankar Marathe had produced a registered
will, dated. 03/12/1960 and accordingly by virtue of the said will &
on vardi, the said Agricultural Land 22/2 was bequeathed to Shri
Anant Shankar Marathe. Mutation Entry No.1006 to that effect was
effected& certified the concerned Circle Officer.

21. The Ladku Nathu Parange, who died intestate on 09/08/1979

leaving behind him Hiru, Laxman, and Eknath as a sons and Mrs
Yamuna Gopinath Kurangale, and Mrs Kusum Eknath Longle as a
married daughters and no other legal heirs accept them. On the
statement given by Mrs. Yamuna Gopinath Kurangale, and Mrs.
Kusum Eknath Longle, their names were deleted and all the other
landed properties which are shown in Mutation Entry No.1272 were
divided among the said three brothers namely Hiru, Laxman, and
Eknath. By virtue of the said division, the said Agricultural Land 22/2
had come to the share of Shri. Hiru Ladku Parange and Shri. Eknath
Ladku Parange. Mutation Entry No.1272 to that effect was effected
& certified the concerned Circle Officer.

22. One Shri Hiru Ladku Parange and Shri. Eknath Ladku Parange
was cultivating the said Agricultural Land 22/2, in the capacity of
tenants thereof. They had acquired the said Agricultural Land 22/2
under the provisions of Section 32-G of Mumbai Tenancy &
Agricultural Lands Act, 1948 and therefore vide under its Ref. No.
Hu.No.Tenancy/Case No.58/91/29/10/91, their names were recorded
in the occupants column of 7/12 extract and charge of Rs.5186/- of
old occupant Shri. Anant Shankar Marathe was recorded in the other
rights column of 7/12 extract. Mutation Entry No. 2276 to that effect
was effected& certified the concerned Circle Officer on 07/03/1992.

23. Shri .Hiru Ladku Parange and Shri Eknath Ladku Parange have
paid the purchase prize with an interest in respect of said
Agricultural Land 22/2under the provisions of Section 32-G of
Mumbai Tenancy & Agricultural Lands Act, 1948 and upon perusal
of 32-M Certificate No. 32G/58/91/29/10/91 L.S.P. dated.12/07/1993,
under the provisions of Mumbai Tenancy & Agricultural Lands Act,
1948, the entry of charge with regard to said purchase price was
deleted from 7/12 extract of said land. Mutation Entry No. 2419 to
that effect was effected& certified the concerned Circle Officer on
30/07/1993.

24. By order under its Ref. No. S.R./109/93,(N.A.) dated.16/11/1993,

the Hon’ble Sub Divisional Officer, Panvel has granted its permission
in favour of Shri. Hiru Ladku Parange to convert the said
Agricultural Land bearing Survey No. 22/2 (more particularly
described in schedule -1 herein) into non agricultural for residential
Page 7 of 76
 use. Mutation Entry No. 2438 to that effect was effected& certified
the concerned Circle Officer.

25. By order under its Ref. No. Masha./L.N.A.1/S.R./395/94,

dated.21/01/1995, the Hon’ble Collector, Raigad-Alibag, has granted
its permission to convert the said

Page 8 of 76
 Agricultural Land bearing Survey No. 22/2 into non agricultural land
as per the application, dated. 14/01/1994 filed by Shri. Hiru Ladku
Parange & 2 others, and upon certain terms and conditions
contained therein. And subsequently the said Agricultural Land
22/2was converted into non agricultural land for the construction of
building for residential purpose and accordingly the said Agricultural
Land bearing Survey NO. 22/2 (more particularly described in
schedule 1 herein) was divided into non agricultural Plots as per the
lay out. Mutation Entry No. 2672 to that effect was effected &
certified the concerned Circle Officer on 14/06/1996.

26. By Sale deed dated04/02/1999 registered under No 189 with Sub

Registrar of Assurances at Karjat on same date, Shri. Hiru Ladku Parange
and Shri. Eknath Ladku Parange had sold, conveyedand transferredthe non
agricultural land bearing Survey No.22, Hissa No.2, area admeasuring about H-
R-P. 0-56-1, situate, lying &being at Village-Rees, Taluka Khalapur, District
Raigad more specifically described in the First Schedule hereunder
written (hereinafter referred to as the “Property 22/2”) to the Gopal
Kandas Gallani with consent Shri. Dhiren Bhikan Rajput by signing
the same as a Confirming-Consenting Party, for consideration and on terms
and conditions as set out therein. Mutation Entry No. 2851 to that effect
was effected& certified the concerned Circle Officer on 10/08/1999.

27. In pursuance of the said Deed of Sale, dated.04/02/1999 the said

Shri. Hiru Ladku Parange and Shri. Eknath Ladku Parange have
handed over vacant & peaceful possession of the said Property
bearing Survey No. 22/2 (more particularly described in schedule-1
herein ) to the said Gopal Kandas Gallani. Thus Gopal Kandas Gallani
is absolutely seized & possessed of or otherwise well & sufficiently
entitled to the said Property bearing survey no. 22/2. And also in
Village Form VIII-A of Village-Rees, Tal-khalapur, Dist-Raigad, (i.e.
also called as Khate Utara-Account No.854) issued by Talathi
SajaRees, Taluka -Khalapur on 18/01/2008, the said Property 22/2 is
shown to have been held by the said Gopal Kandas Gallani.

28. By Deed of Sale–cum- Conveyance dated 27 th June 2008 registered

under No KLR-1-2283-2008 with sub registrar of Khalapur on same
date, the said Gopal Kandas Gallani sold transfer conveyed the said
Property bearing survey no. 22/2 situated at Village Rees, Taluka
Khalapur, District Raigad, to Choice Buildcon Private Limited upon
the consideration and upon the other terms and conditions as
mentioned therein.

29. By the Mutation Entry No 3436 the name of the M/s Choice
Buildcon Private Limited are recorded in 7/12th extract by referring
INDEX II extract issued by the sub registrar, Khalapur District
Raigad and Tahsildar, Khalapur by its Order;

30. The said above land Survey no. 22/2, & survey No. 24/1 shall be
collectively referred to as admeasuring 10,700 sq. mtrs(As per 7/12
extract) and as per physical survey conducted by survey office/TLIR
total area is 13,200 Sq. mtrs(Approx)(hereinafter referred to as the
said total land) and thereabouts. The said total land is more
particularly described in “First Scheduleand Second schedule”is
collectively referred to as (the “said original land”).
Page 9 of 76
31. In the event that happen above, M/s Choice Buildcon Private
Limited are seized possessed of and absolutely entitled to the said
Property 24/1 and the said Property 22/2 (hereinafter collectively
referred to as “Property’) with clear and

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76
 marketable title free from any encumbrances and reasonable doubts
and have begun and are continuing the development.

32. Choice Buildcon Private Limited has been converted to “LLP”

with effect from 20/05/2015 as certified by the Registrar of
Companies, Maharashtra. Thus, the name of the Promoter/
Developers since then was changed to Choice Buildcond LLP. Hence,
the reference to Choice Buildcon Private Limited in any documents
shall be read as that of the Promoter/ Developers herein i.e. Choice
Buildcon LLP;

33. Vide permission bearing No. CIDCO/NAINA/Khalapur/Rees/BP-

12/CC/2015/2104 dated 9th November 2015 granted by the City and
Industrial Development Corporation{CIDCO} {copy annexed hereto
and marked as Annexure: “C”} .The Promoter has obtained
Commencement Certificate and Development permission approving
the building plan for the construction of said Project.The said
permission has been revised by MSRDC and issued revised
commencement certificate bearing No.
MSRDC/SPA/Rees/Khalapur/BP- 26/CC/2017/722 dated 15.07.2017 .
A copy of the said Revised Commencement Certificate dated 15 th July
2017 hereto as “Annexure- C1”.

34. AND WHEREAS the Promoters are entitled and enjoined upon to
construct building on the project land in accordance with the recitals
hereinabove;

35. Accordingly, the Promoter has commenced and completed

construction of four buildings being building nos. 1 to 4 (comprising
of 6 wings ) on part of said original land which is separately marked
in layout of said original land annexed as Annexure-E. By virtue of
notification issued by Navi Mumbai Airport influence Notified Area
Authority (the “NAINA”), the said Rees village comes under the
NAINA / MSRDC.

36. AND WHEREAS the Developer is in possession of the project land

i.e survey no.22/2 and 24/1 and has exclusive right to dispose off the
flats in the proposed new building on ownership basis and to enter
into Agreements with the Allottees of the Apartments and to receive
the sale consideration in respect thereof.

37. The Developer has availed project finance from the Bank of India,
Koparkhairane Branch, Navi Mumbai and to secure the repayment of
the loan, the Developer has mortgaged the said plot with the said
Bank by executing the Mortgage Deed dated the 13/02/2017 Bearing
Reg. No.KLR-413-2017.

WHEREAS:-

1. The Promoter has obtained necessary permissions from various Govt.

departments for development of the said Property and construction of
the said Building;
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76
2. The CIDCO /NAINA/MSRDC/Concern Authority, being also Planning
Authority, under the Maharashtra Regional and Town Planning Act,
1966, has sanctioned the building plan. The relevant copy/ies of the
Commencement Certificate/s is/are annexed herewith and marked as
ANNEXURE- C. The Promoter intends to take further approval for 4th
to 7th floor for Building No.7 and the Promoter shall always

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76
 have the exclusive right to construct and sell the flats in the said floors
from 4th to 7th for Building No.7 to any prospective buyers of
Promoter’s choice and to appropriate the sale proceeds thereof and the
allottee hereby irrevocably consents to the same;

3. The copy of Title Certificate (showing the title flow and encumbrances
if any, to or upon the said Entire Property /said Property) in respect of
the said Property issued by Advocate competent to issue the same has
been annexed herewith, as ANNEXURE - B and Title Opinion has
been handed over separately to the Allottee/s herein and the same shall
be read with this Agreement;

4. The authenticated copies of 7/12 extract showing the nature of title of

the Promoter to the project land on which the Apartments are
constructed or are to be constructed have been annexed hereto and
marked as Annexure- C.

5. AND WHEREAS the authenticated copies of the sanctioned layout plan

as approved by the concerned Local Authority have been shown to the
allottee and is annexed hereto and marked as Annexure E.

6. Pursuant to and in accordance with the aforestated plans and revisions

thereof if any, sanctioned and approved by the
CIDCO/NAINA/MSRDC/Concern Authority, the Promoter has
commenced the development of the said Project Land comprising of the
said Building, While sanctioning the said plans, the CIDCO/
NAINA/MSRDC/ Planning Authority and/or Government imposed
certain terms, conditions, stipulations and restrictions which are to be
observed and performed by the Promoter while developing the said
Property. All terms & conditions imposed by MSRDC in CC/ Revised CC
will be binding on every member / purchaser / society and the
construction of the said Building and upon due observance and
performance of which only the Completion and Occupation certificates
in respect of the said Project shall be granted by the Planning
Authority; The Promoter shall hand over the amenity space as a part of
completion process to MSRDC or such other authority as maybe under
then prevailing rules and regulations of Maharashtra's Unified
Development Control and Promotion Regulations (UDCPR);

7. The Promoter has appointed an architect namely “Rajesh R.C.”, as

prescribed by the council of architects and the Promoter has also
appointed structural engineers CSE Consultants Mr. Abhishek Shah for
the preparation of the structural design and drawings of the said
Building and the Promoter accepts the professional supervision of the
architect and the structural engineer or any replacement thereof till
the completion of the said Building;

8. The Allottee has demanded from the Promoter and the Promoter has
given to the allottee inspection of all the documents of title including
copies of the all development permissions and sanctioned plans.
“Certificate of Title” dated 25/03/21 issued by Advocate Mahesh G
Bhagat relating to the said total land is appended hereto as “Annexure-
B” and of such other documents as are specified under applicable
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76
statute and rules and regulations. In addition, the Allottee has also
perused the ‘Architect Certificate’ and the drawing certifying the
carpet area of various units along with limited common area in respect
of each unit all such documents are available at the site office and is
available for verification by the Allottee after giving a reasonable
notice.

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76
9. The Allottee has prior to the execution of this Agreement visited the
location and site of construction and has satisfied himself as to the
location and access of the site and also has verified and satisfied
himself of the workmanship and materials being used / used at site by
the Promoter in respect of the construction going on / existing at site
and the Allottee is fully satisfied with the same

10. Promoter has represented to the Allottee that the Common

amenities to be constructed on the said total land are to be shared
among the Allottees of units of all the phases including all buildings in
the said total land and that certain portion of the common amenities is
likely to be required to be handed over to the planning authority as per
the terms and conditions of development of the said land in which
event the same cannot be conveyed to the Society or other body of the
flat purchasers of both the phases or any of them and shall be handed
over to the planning authority as so required by them;

11. The Allottee/s being aware and having fully understood the above
facts and satisfying himself/herself/themselves with the present and
proposed sanction plan, floor plan, specifications, design, areas,
location of the project, amenities, common area, title documents,
sanctions, requested for allotment of a residential Apartment more
particularly described in the Third Schedule hereunder written
(hereinafter referred to as the said property / unit / Apartment )for
consideration agreed herein. The said Apartment is more particularly
described in the ANNEXURE- D annexed herein and delineated in red
in the floor plan which is also part of the said Annexure- D, which
Apartment is hereinafter referred to as the said “APARTMENT”; and
a certified copy of sanctioned layout plan building is annexed and
marked as ANNEXURE – E.

12. Relying upon the said application the Promoter has agreed to
allot to the Allottee/s herein the said Apartment at the price and on the
terms and condition hereinafter appearing, and the Promoter issued to
the Allottee/s an “Allotment Letter"/ Sell Agreement to that effect;

13. Prior to the execution of these presents the Allottee/s has offered
to pay to the Promoter a sum of Rs. 51,000/- (Rupees Fifty One
Thousand Only) as advance payment in compliance with RERA),
being part payment of the sale price/consideration of the Apartment
agreed to be sold by the Promoter to the Allottee/s as advance payment
or earnest money deposit, amount or application fee (the payment and
receipt whereof the Promoter both hereby admit and acknowledge) and
the Allottee/s agreed to pay to the Promoter the balance of the sale
price/consideration in the manner hereinafter appearing;

14. The Promoter hereby clarifies that it has withdrawn all its
advertisements and brochures etcetera in respect of the said Project
published prior to 02.08.2021 and the same are not in use since then;
and the Allottee/s hereby acknowledges the knowledge of the same.
The Allottee/s further hereby admit and confirms that he has relied
only on the advertisements and brochures etcetera in respect of the
said Project published by the Promoter only after Phase – II CC dated
02nd Aug. 2021;
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15. The Allottee/s having satisfied himself/herself/themselves with
the specification of the said Apartment; and with the above said title
documents and sanctions inspected by him/her/them, has agreed to
purchase the said Apartment from the

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 Promoter and the Promoter has agreed to sell the same to the Allottee/s
for and at the price hereinafter mentioned;

16. The Promoter has/will registered (in process ) the said Project
under the provisions of the said Act with the Real Estate Regulatory
Authority on bearing Registration No.- P52000027236 the
authenticated copy of the same is/shall annexed hereto and marked as
ANNEXURE-F;

17. The carpet area of the said Apartment is 65.028 Square metres
and “carpet area” along free of charge without any monetary
consideration means the net usable floor area means the net usable
floor of an apartment, excluding the area covered by the external walls,
areas under service shafts, exclusive balcony appurtenant to the said
Apartment for exclusive use of the Allottee or verandah area and
exclusive open terrace area appurtenant to the said Apartment for
exclusive use of the Allottee, but includes the area covered by the
internal partition walls of the apartment.

18. In accordance with the terms and conditions set out in this
Agreement and as mutually agreed upon by and between the Parties,
the Promoter hereby agrees to sell and the Allottee/s hereby agrees to
purchase the said Apartment and the parties hereto therefore have
executed this Agreement for sale to witness the terms and conditions
thereof and in compliance with Section No.13 of the said Act, as
under:-

NOW THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED

BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Allotment of flat:

A. The Allottee had applied to the Promoters for allotment of Apartment

bearing Flat No. - 507 of Building No. 7 type E of the floor 5th of the
said Building admeasuring carpet area of 65.028 sq.mtrs (the “said
unit”) means the net usable floor area more particularly described in
“Third Schedule” in said project which the Developers have agreed to
allot for consideration and on terms and conditions as stated
hereinafter in detail. A copy of Floor Plan is appended hereto as
‘Annexure- D’ and the said unit is marked in the floor plan. In addition,
without any further monetary consideration, the Allottee is entitled to
use and enjoy other usable area being ancillary area (the “additional
area”) as more particularly mentioned and written in unit description
herein after. The said additional area is Shown in the floor plan
appended as ‘Annexure-D’.
COMMON AREAS :

PROJECT:

1.1 In accordance with the development permission and sanctioned plan

dated 9th January, 2015 and 15th July, 2017 granted by CIDCO&
MSRDC respectively, the Promoter has constructed residential building
No. A1, B2, A3 & B4 (Comprising of 6 wings) (Part Stilt + 4) upper
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floors as Phase I and Commencement certificate issued by MSRDC on
02nd Aug. 2021 to construct residential building No. 5C,6D and 7E on
the land described in schedule 1 and 2 herein being the part and
portion of said total land(herein after referred to as the (the “said
project”). The said project land is more particularly described in “First
and Second Schedule” and the said Phase – I has been constructed by
utilizing FSI 5939.619 sq. mtrs out of total available FSI

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 of the Said project land The entire said project including all the phases
and all buildings in each of the phase shall be always known as
“CHOICE AMBE SMRUTI”.
1.2 The Prompter shall be entitled to utilize and use the balance/future
FSI, if any, available by reasons of utilized FSI, increased FSI, TDR,
Global FSI, fungible or any other reason, which may become available
in respect of the project land under DCR, new DCR or UDCPR by
applying for revised development permission and amended
commencement certificate by MSRDC or any prevailing competent
authority and the allottee hereby accords its informed consent in favour
of the Promtoer in respect thereof.

1.3 The Promoter has constructed the said Buildings of Phase-I which
consists of total 4 buildings i.e comprising of 6 wings, part stilt parking
floor and four upper floors on the said Project Land as shown separately
in the approved Layout at Annexure “E” in accordance with the plans,
designs and specifications as approved by the concerned Planning
Authority from time to time. The Allottees of building No. 1 to 4 have
already form a society i.e. “Choice Ambe Smruti Co-operative Housing
Society Limited” for maintenance and managing the affairs of their own
building. The allottee of building 5 to 7 will form separate society or will
be member of existing society i.e. “Choice Ambe Smruti “as per the
promoter’s discretion.

1.4 The Promoter shall under normal conditions develop the said project in
accordance with the plans, designs, specifications approved by the
competent authority by CIDCO & MSRDC and which have been seen
and approved by the Allottee with only such variations or as may be
required by the competent authority or the Government, for which
approval of Allottee shall not be separately required. The time schedule
for development of the other phases in the project shall be determined
by the Promoter/Developers at their own discretion.

1.5 The Promoter shall construct on the said Project Land the said Building
in accordance with plans, designs,declaration,sell agreement and
specifications as seen by the Allottee/s prior to the execution of this
agreement and duly approved by the planning authority with such
variations and modifications as the Promoter in their absolute authority
may consider expedient. The development of the Project is guided by
Real Estate (Regulation and Development Act, 2016 along with the
Rules and Regulations as application in the State of Maharashtra.

1.6 The Promoter hereby declares that at present the Floor Space Index
(FSI) available in respect of the project land is 1.20 only and Promoter
has planned to utilize Floor Space Index of 2.0 by availing Transfer of
Development Rights (TDR) or by availing FSI upon payment of
premiums or availing incentive FSI for the additional areas by
implementing various scheme as mentioned in the Development Control
Regulation or based on expectation of increased FSI which may be later
available on modification to Development Control Regulations, which
are applicable to the said Project. The Promoter has disclosed the Floor
Space Index of 2.0_as proposed to be utilized by him on the project land
in the said Project as explained above and Allottee has agreed to
purchase the said Apartment based on the proposed construction and
sale of Apartment to be carried out by the Promoter by utilizing the
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 proposed FSI and on the understanding that the declared proposed FSI
shall belong to Promoter only.

1.7 The Promoter/Developers shall be entitled to merge and amalgamate

the said Plot with any adjoining plot/scheme for using the plot FSI
interchangeably subject to the

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 limit of FSI 2.0 for the present project as declared above. The Promoter
shall obtain the revised permission from the concerned authority. The
promoter also shall be entitled to do development by using adjoining
property along with or by utilizing proposed FSI/TDR available on the
same which shall be at sole discretion of developer.

1.8 The Promoter/Developers shall be entitled to consume the entire F.S.I

or any additional FSI and /or development rights as may be available or
will become available in respect of the said Property or any part thereof
at present or in future by constructing additional floors/Wings/Buildings
on the said Property as the Promoter/Developers shall think fit and
proper. Such full consumption of available FSI is to be fully utilized by
the Promoter/Developers before execution of the Lease Deed or
Conveyance Deed / Vesting Documents in favour of the
Society/Federation that shall be formed.

1.9 The Promoter/Developers have informed the Purchaser/s and the

Purchaser/s is/are aware that the Promoter/Developers will develop the
said Property by constructing building/s to be used for
Residential/Commercial purpose and as per the sanctioned plans, with
such modifications thereto as the Promoter/Developers may from time
to time determine and as may be approved by the concerned local
bodies and/or authorities. As stated above the Promoter intends to take
further approval for 4th to 7th floor for Building No.7 and the Promoter
shall always have the exclusive right to construct and sell the flats in
the said floors from 4th to 7th for Building No.7 to any prospective
buyers of Promoter’s choice and to appropriate the sale proceeds
thereof. The time schedule of the said development will also be
determined by the Promoter/Developers at their own discretion.

1.10 The Allottees of each building Nos.1 to 4 has formed one Society and
building no 5
, 6 and 7 shall may form separate society / be the member of existing
society for maintenance and for managing the affairs of their own
building/s and all the Societies shall form an Apex Society for the
maintenance of common areas and common amenities constructed for
the project and for managing the affairs of all the Societies in the entire
project. The Allotee/s or the Society/Federation of the Allottee/s of all
Apartment/premises holders shall not raise any objections on any
ground as to Promoter/Developers rights reserved herein. The allottee
of all the building No. 1 to 7 shall form an apex society / federation / Co-
op Hsg. Association as per the promoter discretion and prevailing rules
of concern authority.

1.11 The Owner/Developer shall be entitled to assign their rights

wholly or partially in and over the said property/Project to any other
person/s of their choice any time. The Owner/Developer shall also be
entitled to constitute or reconstitute the Owner/Developer Company in
their sole discretion.

2. DESCRIPTION OF UNIT:
2.1 The Allottee hereby agrees to purchase from Promoter and Promoter
hereby agrees to sell to the Allottee Flat No. - 507 of Building No. 7
type E of the floor 5th of the said Building admeasuring carpet
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area of 65.028 sq.mtrs (the “said unit”) the net usable floor area
more particularly described in “Third Schedule” (which includes
carpet floor area and the area covered by the internal partition walls of
the unit) for consideration and upon terms and conditions stated
hereinafter in detail. In addition, without any further monetary
consideration, the

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 Allottee is entitled to such usable area being ancillary area (the
“additional area”) of; And such carpet area and additional area shown in
floor plan appended as ‘Annexure- D ’.

2.2 The fixtures, fittings and amenities to be provided by the Promoter in

the said unit are appended hereto as ‘Annexure-E ’. The Promoter
shall not be obliged to accept or accede to any request from the
Allottee for making any changes in the amenities to be provided by the
Promoter.

3. CONSIDERATION:
3.1 The Allottee hereby agrees to purchase from the
Promoter/Developer and the Promoter hereby agree to sell, transfer,
and allot upon terms and conditions herein mentioned, the said
Apartment bearing Flat No. - 507 of Building No. 7 type E of the
floor 5th of the said Building for consideration of –

a.) Rs. 43, 50,000/- (Rupees Forty Three Lakhs Fifty Thousand
Rupees Only in respect of 65.028 Sq.mtr Carpet area),

Thus the Allottee/s does hereby agrees to purchase the same from the
Promoter for and at the consideration of Rs. 43,50,000/- (Rupees
forty Three Lakhs Fifty Thousand Rupees Only make payment to
the Promoter as per the Payment Schedule annexed hereto as
ANNEXURE –G.
The said amount does not include taxes & other charges which are
separately specified hereinafter.
3.3. The Allottee/s shall on or before delivery of possession of the said
Apartment in addition to the abovestated Flat Consideration price
shall pay to the Promoter, the following amounts:-

(i) The Allottee shall pay Rs. 10,000/- towards Share money,
application entrance fee of the Society or condominium or
Limited Company/Federation/Apex body, for formation and
registration of the Society or condominium or Limited
Company / Federation / Apex Body for the Building in which
the Apartment is purchased herein by the Allottee.

(ii) Such amount as may be due and payable to the authorities /

society / developer from time to time towards proportionate
shares of taxes and other charges / levies in respect of the
Apartment purchased herein or in respect of the common
areas meant for the project or condominium or Limited
Company / Federation / Apex Body and the same shall be
payable as and when demanded by the Promoter.

(iii) The Allottee/s shall pay to the promoter a sum of Rs.

10,000/-towards legal costs, charges and expenses,
including professional costs of the
attorney-at-Law/Advocates of the Promoter in connection
with formation of the Society Apex, or Limited Company, or
Apex Body or Federation and for preparing its rules,
regulations and bye-laws and the cost of preparing and
engrossing the conveyance or assignment of lease.
(iv) The Purchaser/s shall bear all costs, professional charges and
expenses towards the Stamp Duty, Registration Charges for

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the Deed of Assignment, legal drafting of Lease Deed
/conveyance, Transfer charges payable to the
CIDCO/MSDRC/ TLR or any concern authority Vesting
Documents or any other Deed/s, consents, writings and
any

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 other documents, all costs in connection with the formation
of the Society/Federation and /or body corporate or other
organization, the costs for the stamping and registering all
the agreements, deeds, transfer deeds or any other
documents required to be executed by the entire
professional costs of the Advocates, out of pocket expenses
of the Promoters, stamp duty shall be borne and paid by the
said Society or proportionately by all the Purchasers of the
Premises in the said Complex /building alone.

3.4 The above said consideration excludes Taxes (consisting of tax

paid or payable by way of Value Added Tax, Service Tax, GST (Goods and
Services Tax) and Cess or any other similar taxes which may be levied, in
connection with the construction of and carrying out the Project) up to the
date of handing over the possession of the said Apartment and charges
described hereunder clause 3.3 and the above said total consideration is
escalation-free, save and except escalations/increases, due to competent
authority and/or any other increase in charges which may be levied or
imposed by the competent authority Local Bodies/Government from time
to time. The Promoter undertakes and agrees that while raising a demand
on the Allottee/s for increase in development charges, cost, or levies
imposed by the competent authorities etc.

4. MODE OF PAYMENT:
4.1 All payment shall be made by Allottee by drawing cheque/ DD in
favour of : M/s. CHOICE BUILDCON LLP AMBE SMRUTI PHASE II
ESCROW “Current A/c
No. 017122410000001, drawn on Bank of India, Koparkhairane
Branch, Navi Mumbai-400 709, IFSC Code – BKID0000171 . The
Promoter herein on due date
/ or on reaching aforesaid construction milestone / stage as mentioned in
the said Annexure- G shall intimate the amount payable in writing which
shall be sent by way of RPAD to the Allottee and the Allottee shall make
payment of such due amount to the Promoter within seven days from the
date of such intimation. The Allottee/s herein specifically agrees that
he/she/they shall pay the total consideration along with the service tax,
VAT, GST and such other applicable taxes.

4.2 Allottee shall deduct tax at source on the payment made at the
prevalent rate, if applicable and furnish a TDS certificate to Promoter
within seven (07) days of such deduction is made Provided that the
receipt for the payment made shall be issued by Promoter only after the
bank instrument is cleared and the funds mentioned therein reaches the
bank account of the Promoter or in the account as Promoter
subsequently intimated to the Allottee and the TDS certificate is
received by Promoter from Allottee.
4.3 The Allottee has made a payment of Rs. 51,000/- (Rupees Fifty
One Thousand Only) on or before execution of this Agreement. And
the Allottee agrees to pay the balance amount of consideration to the
promoter as per the payment schedule mentioned in Annexure-G. (The
time for the payments on its due dates is the essence of this contract)

4.4 The Allottee shall simultaneously pay GST as per prevalent rates and

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 rules and regulations through separate cheques.

4.5 The Allottee/s authorizes the Promoter to adjust/appropriate all

payments made by him/her under any head(s) of dues against lawful
outstanding, if any, in

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 his/her name as the Promoter may in its sole discretion deem fit
and
the Allottee/s
undertakes not to object/demand/direct the Promoter to adjust his
payments in any manner.

4.6 Without
prejudice to the right of the Promoter to take action for breach arising
out of delay in payment of the installments on the due dates, the
Allottee/s shall be bound and liable to pay interest as specified in the
Rules of the said Act, with monthly rests, on all amounts which become
due and payable by the Allottee/s to the Promoter till the date of actual
payment, provided that tender of the principal amounts and interest or
tender of the interest and expenses thereof shall not itself be considered
as waiver of the right of the Promoter under this Agreement, nor shall it
be construed as condonation of delay by the Promoter. The amount of
interest may be informed to the Allottee/s from time to time or on
completion of the said Project/Apartment, and the Allottee/s has/have
agreed to pay the same as and when demanded before the
possession of the said Apartment.

5. PAYMENT OF STATUTORY DUES AND TAXES:

5.1 In addition to the Consideration of said unit as above the Allottee shall
pay to Promoter any statutory taxes (as made applicable from time to time)
like GST, NAINA/MSRDC infrastructure and development charges or any
other charges, levy, tax, duty by whatever name called, if made applicable
under any law by the government on this transaction for all times to come.
Such payment shall be made by the Allottee at the time of execution of
these presents or at the time of making each payment as per the provisions
of law. If such liability arises thereafter then the Allottee shall make over
such payment to Promoter within ten (10) days of notice of demand from
Promoter.

5.2 Further, the Allottee shall take immediate steps to get this deed
registered under the Registration Act, 1908 by making payment of stamp
duty, legal charges and registration charges. The Promoter undertakes to
make themselves available through authorized representative for purpose
of registration at Seven (7) days notice from Allottee. The Promoter shall
not be liable under any law for any delay, laches and / or negligence shown
by the Allottee in presenting this agreement for registration before the
competent authority. The Allottee indemnifies the Promoter against any
claim, action, judgment, cost, and expenses, penalties that may arise on
Promoter due to inaction or non compliance of obligation under this
Agreement or under any other law.

5.3 The Allottees indemnify and keep indemnified the Promoter against any
payment to be made to the concerned department on account of GST
whether in present or in future.

6. NOTICE OF DEMAND:
6.1 Upon the installment of consideration and other charges becoming
due, the Promoter shall issue a notice of demand giving at Seven (7) days’
time from date of notice to Allottee for making the payment.
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6.2 Notice of demand shall be sent through Registered Post
Acknowledgement Due (RPAD)/ Speed post or through email at the
address mentioned in notice clause of this agreement and such dispatch
shall be treated as sufficient compliance from Promoter. Thereafter the
Allottee shall be barred from claiming non receipt of the notice of demand.

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6.3 Timely payment of all the above installments/amount on their
respective due dates and any other sum payable under this agreement by
the Allottee is the essence of this contract/Agreement. Constructive and
physical possession of the said unit shall be handed over to Allottee by the
Promoter only upon receipt of all payments mentioned in this agreement.

7. DEFAULT BY ALLOTTEE:
7.1 Following shall be deemed to be default on the part of Allottee:
a. Default in making timely payment of sums due as mentioned in
this agreement;
b. Creating nuisance on the site resulting in danger/damage to the
said project/land, threat to life;
c. Delay in accepting the possession of the unit within a period of
two (02) months on intimation to take possession by Promoter;
d. Refusing to join as application for formation of society / to be
member of the society if so called upon by the Promoter or delay
to take membership of Society formed for the said project;
e. Breach of any terms and conditions of this agreement.
f. Breach of any law or provisions thereto.
g. Obtain forceful occupancy/ possession of said unit before receipt
of occupation certificate from competent authority.

7.2 The Allottee shall not be in default if he removes/remedies such breach

within fifteen
(15) days of receipt of notice from the Promoter to the Allottee as per clause.

8. TERMINATION OF AGREEMENT:

8.1 Without prejudice to the right of Promoter to charge interest in

terms of above mentioned clause, on the Allottee/s committing any
default in payment on or before due date of any amount due and
payable by the Allottee/s to the Promoter under this Agreement
(including his/her proportionate share of taxes levied by concerned
local authority and other outgoings), the Promoter shall at his own
option, may terminate this Agreement:

Provided that, Promoter shall give a notice of fifteen (15) days in writing to
the Allottee, by registered post AD at the address provided by the Allottee
under this agreement or at address communicated by the Alottee in writing,
expressing its intent to terminate this Agreement and for the specific breach
or breaches of terms and conditions of this Agreement. If the Allottee fails to
rectify the breach or breaches mentioned by the Promoter within the period
of notice of 15 days from date of receipt thereof, then at the end of such
notice period, this agreement shall stand terminated. It is hereby clarified
that the notice shall be deemed to be received by the Allottee 3 days after the
date when the Promoter has dispatched to address of the allottee, as
mentioned herein before.

Provided further that upon termination of this Agreement as aforesaid, the

Promoter shall refund the amount till then received from the Allottee/s
without any interest thereon within a period of 30 days, after forfeiting 10%

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of the total consideration amount towards liquidated damages and/or
cancellation in addition to any interest (as specified in the Rules of the said
Act) excluding the stamp duty, registration charges, cost of extra work,
interest

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etc. and the amount of Service Tax, VAT, GST, LBT or any other taxes and
other statutory charges paid by the Allottee/s till the date of such termination
and the Promoter herein shall be entitled to deal with the said Apartment
with any prospective buyer. Delay in issuance of any reminder/s or notice/s
from the Promoter shall not be considered as waiver of Promoter’s absolute
right to terminate this Agreement.

8.2 The Promoter shall also move for expulsion of the Allottee from the
membership of the society as per by laws of the society, and submit a
copy of termination notice to such society. No separate consent of
Allottee will be required for such expulsion.

8.3 Upon termination of this Agreement the Promoter, shall be at liberty

to dispose of and sell the said unit to any other person at such price as
the Promoter may in its absolute discretion think fit and proper.
Provided that in the event of default as above the Allottee shall not
raise any objection to termination made by the Promoter and that
Promoter is hereby authorized to unilaterally register the cancellation
deed with the registrar suo-moto without any recourse to the Allottee.

8.4 It is specifically agreed between the parties hereto that, if the

transaction in respect of the said Apartment between the Promoter
and Allottee/s herein stands terminated as stated hereinabove then all
the instruments under whatsoever head executed between the parties
hereto or between the Promoter and Allottee/s herein, in respect of
the said Apartment, shall also stand automatically cancelled and
allottee shall have no right, title, interest or claim or demand against
Promoter and in respect of said unit. The Allottee before or upon
termination shall handover all the original title documents in respect
of said unit to the Developer and shall give undertaking in favour of
Promoter/Developer that there is no lien or charge on said unit. And
shall take NOC from concern bank, financial institution if loan taken
against the said unit and shall provide the said NOC to the Developer
for resale of said unit to any third party in future. The Allottee shall
forever keep the Promoter and the new purchaser against all the
claims of whatsoever nature in respect of said unit arising out of any
acts done or omitted to be done by the Allottee in repsect of said unit.

9. Promoters Declaration
9.1 The Promoter hereby agrees to observe perform and comply with all
the terms, conditions, stipulations and restrictions if any, which may have
been imposed by the Competent Authority and the concerned local
authorities at the time of sanctioning the said plans or time to time before
handing over possession of the premises to the Allottee, or thereafter shall
also be binding on the Allottee/s herein and all Allottees of the Apartments
of the said Project, as far as they are applicable to them. The Promoter
shall, apply to the concerned local authority for occupation and completion
certificate in respect of the Unit and obtain the said certificate as per the
provisions of law.

9.2 The Promoter will not be liable for any delay caused due to
‘Maharashtra Electricity Distribution Co. Ltd.’ defaulting / delaying the
supply of electricity or due to the Local authority concerned delaying the
supply of permanent ‘water connection’ or such other service connections
necessary for occupying the said unit. The Allottee hereby understands
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that the said reasons are not within the control of the Promoter and
therefore absolves the Promoter from any liability of promoter for the
delay, if any, attributable to said reasons.

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9.3 The carpet area of the said Unit which is proposed to be constructed in
the said building as mentioned hereinabove, however the actual carpet
area of the may vary up to 3% due to design and construction exigencies
and therefore, the Promoter shall confirm the final carpet area of the
Apartment that has been allotted to the Allottee after the construction of
the said building is complete and the occupancy certificate is granted by
the competent authority, by furnishing details of the changes, if any, in the
carpet area. It is hereby agreed by and between the parties that variation
upto cap of 3% (three) percent shall be acceptable without demand of any
consideration from the benefitting party. In the event of there being
difference of more than 3% vis-a-vis the actual carpet area of the said Unit
from the carpet area as mentioned herein at the time of the offering the
possession of the said Unit, then the Consideration shall be either
proportionately reduced or increased accordingly for the entire difference
of area (without interest thereon). The Allottee agrees to pay the
differential amounts, if the area is increased beyond 3% within forty five
(45) days of such demand being made by the Promoter. If there is any
reduction in the carpet area more than the acceptable variance, then
Promoter shall adjust proportionate consideration (without any interest)
against the balance due of the Allottee, and if no amount is due and
payable by the Allotee to the Developer, then the Developer shall refund
the same to the Allottee said amount within forty-five days from such
demand being made by the Allottee, as the case maybe. However, it is
expressly clarified that no adjustment will be made to the Total
Consideration if the difference between the actual carpet area of the said
Apartment and the carpet area as mentioned herein is less than or equal to
3%.

9.4 That the Promoter would be entitled to put up sign boards, signages,
neon sign boards displaying its name in any part of the project like terrace,
common area and garden etc. The said board would be maintained by the
Promoter at its own cost and the Allottee will not be called upon to
contribute any costs or expenses towards the same. The said board would
not contain any information which is false or misleading. The Allottee shall
not raise any objection to said boards or create any nuisance or hurdle in
putting and maintaining said boards.

9.5 If any structural defects of workmanship quality or provision of service

is discovered within five years from the date of Occupancy certificate,
then, wherever possible such defects shall be rectified by the Promoter at
his own provided the Allottee maintains the unit in the same condition as it
was handed over to him by the Promoter. In case he makes any changes
like shifting of the walls, doors, windows and their grills, bedrooms,
kitchen bathrooms, enclosing balconies flower bed, terrace, extending
rooms, changing floors, plumbing systems, electrical wiring, sanitary
systems and fitting, fixing falls ceiling or doing any work affecting and
damaging the columns and/ or beams of the building, or damaging the
stability of the structure of the building, intentionally or due to negligence,
with or without the permission of the competent authority and/or society
or association, this defect liability shall stand lapsed. Further, in the
following cases where the Allottee (i) Installs air conditioners on the
external walls haphazardly which may destabilize the structure (ii) Allottee
and/or its tenants load heavy luggage in the lift (iii) Damage any portion of
the neighbour’s unit or common area by drilling or hammering etc. and (iv)
Allottee/s do not follow the conditions mentioned in the maintenance
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manual/ General body resolution or DC rules, the aforesaid defect liability
given by the Promoters shall not be invocable.
The word “defect” here means only the manufacturing and workmanship
defect/s on account of willful neglect on the part of the Promoter during
construction of the said project, and shall not mean defect/s caused by
normal wear and tear and by negligent use of apartment by the Occupants,
vagaries of nature etc.

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 9.6 The Promoter/ Developers herein shall take all the reasonable measures
as per prevailing market standards and procedures to avoid the leakage of
the water in the said Premises / complex and Purchaser/s has / have also
satisfied himself/ herself/ themselves about the same. However, the
Promoter/ Developers have informed and the Purchaser/s are aware that
Leakage shall be caused due to various reasons, i.e., due to interior work
not done technically by it or any one from that Wing/Building not
necessarily connected with construction. Therefore, Management
Company and / or the Promoter/ Developers shall not be liable for any
damage in the premises / building/s due to leakage of water and various
other after effects.

9.7 The Promoter may be required by CIDCO/NAINA/MSRDC to amend,

modify the sanctioned lay-out and building plan for Phase-I and for other
phases. The Promoter has declared the current sanction plan by CIDCO /
NAINA/ MSRDC requires amendment to plan, the Promoter shall carry
out amendment accordingly.

9.8 The Promoter intends to take further approval for 4th to 7th floor for
Building No.7 and the Promoter shall always have the exclusive right to
construct and sell the flats in the said floors from 4th to 7th for Building
No.7 to any prospective buyers of Promoter’s choice and to appropriate
the sale proceeds thereof. The Allottee hereby gives his/her/their
informed consent therefor;

9.9 The Promoter declare that the said land described in schedule 1 and 2
herein is total area is 10,700 Sq. Mtrs but as per physical survey
conducted by survey office/TLIR total area is 13,200 Sq. mtrs (Approx).
The Developer shall develop the said property total area of 13,200 sq.
mtrs.(Approx) (as per TLIR survey done) in the manner / phases as it may
think fit and proper at its will and none of the allottee or the body of
allottees shall raise any issue or matter regarding the same.

9.10The Promoter shall be entitled for TDR if due to any reason total
available FSI is not consumed on the said total Land during the
development of all Phases, and the ownership of such TDR shall always
be of the Promoter and the none of Allottee or the Society or federation
shall have any rights, title or interest over the said TDR which ais
generated from the balance FSI of said total land.

9.11 The Promoter has clear and marketable title with respect to the said
Property; as declared in the title certificate / report annexed as
‘Annexure – B’ to this agreement and the Promoter has the requisite
rights to carry out development upon the said Property / project Land
and also has actual, physical and legal possession of the said Property for
the implementation of the project;

9.12The Promoter shall hand over the amenity space as a part of completion
process to MSRDC or such authority as will be required by then
prevailing rules and regulations of UDCPR;

9.13 The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and shall
obtain requisite approvals from time to time to complete the development
of the project;
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9.14 There are no encumbrances upon the said Property or the Project
except Finance availed from the Bank of India, Kopar khairane Branch;

9.15There are no litigations pending before any Court of law with respect to
the said Property;

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 9.16 All approvals, licenses and permits issued by the competent authorities
with respect to the Project, said Property and said building/ wing are
valid and subsisting and have been obtained by following due process of
law. Further, all approvals, Licenses and permits to be issued by the
competent authorities with respect to the Project, said Property and said
building / wing shall be obtained by following due process of law and the
Promoter has been and shall, at all times, remain to be in compliance
with all applicable laws in relation to the Project, said property,
Building/wing and common areas meant for the project;

9.17The Promoter has the right to enter into this Agreement and has not
committed or omitted to perform any act or thing, whereby the right, title
and interest of the Allottee/s created herein, may prejudicially be
affected;

9.18The Promoter has not entered into any agreement for sale and/or
development agreement or any other agreement / arrangement with any
person or party with respect to the said Property, including the Project
and the said Apartment which will, in any manner, affect the rights of
Allottee /s under this Agreement;

9.19The Promoter confirms that the promoter is not restricted in any manner
whatsoever from selling the said Apartment to the Allottee/s in the
manner contemplated in this Agreement.

9.20the Promoter shall handover lawful, vacate, peaceful, physical possession

of the requisite part of the common areas to the planning authority as per
the terms and conditions of development that maybe imposed by
Municipal Corporation/ Concern Authority / DCR/ UDCPR;

9.21The Promoter has duly paid and shall continue to pay and discharge
undisputed governmental, rates, charges and taxes and other monies,
levies, impositions, premiums, damages and/or penalties and other
outgoing, whatsoever, if applicable to the Promoter and payable by him
with respect to the said Project to the competent Authorities till the
receipt of Occupancy Certificate;

9.22No notice from the Government or any other local body or authority or
any legislative enactment, government ordinance, order, notification
(including any notice for acquisition or requisition of the said
property)has been received or served upon the promoter in respect of the
said Property .

10. DECLARATION BY THE ALLOTTEE:

Allottee hereby declares as follows:

10.1 Allottee has verified the documents, Plans including title search report
and is satisfied that the Promoter has absolute, clear, developable and
marketable title to the said total land so as to enable it to convey the said
total land to the federation. The Allottee has no objection to the
Promoters constructing floors 4 to 7 in Building No.7 and selling the
same to prospective buyers of their choice and appropriating the sale
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 proceeds for themselves;

10.2 The Allottee hereby declares that he/she/they is/are aware about the
changes/development which shall be taken in future for the future
development of the

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 said total land and has accordingly purchased the unit and thereby gives
his consent to the Promoter for developing said land in phase wise
manner as future development and hereby agree to never raise any issue
or objections regarding the future development and future approval of
entire project from NAINA/MSRDC.

10.3 The Allottee shall not in any case interfere with the development activity
undertaken in respect of said project and also more particularly for the
said unit. The plan for Phase-I & Phase II may also undergo a change if
NAINA/CIDCO requires it so. The Allottee shall not object to or create
hurdle in such a change.

10.4 The Allottee shall use the Apartment or any part thereof or permit the
same to be used only for purpose of *residence. He shall use the garage
or parking space only for the purpose of keeping or parking his/her/their own
vehicle for normal own use or which shall not be meant for commercial purpose
if allotted to him/her/their and vehicle shall not be type of commercial use. The
Purchaser/s shall not use the said Premises for any other illegal purpose or
other than the purpose for which it is allowed by the CIDCO/MSRDC, the
Promoter
/Developers and other authorities. The Parking space if and when allotted to the
Purchaser/s shall not use such parking space for keeping or storing any article,
thing, materials, etc. or for any other purpose. The Allottee shall neither
claim any exclusive right, title or interest on its proportionate share of
undivided common space & amenities provided by the Promoter nor
claim any division or sub division of such common area which shall
handed over by the Promoter to the planning authority as per the
conditions of development.

10.5 The purchaser hereby agrees, declares and confirms that during the course of
construction, if the Purchaser/s is/are desirous of visiting the said Property the
Purchaser/s shall obtain a written permission from the Promoter /Developers.
During such Visits to the Site, in case if there is any accident / mishap or
casualty then the Promoter/ Developers will not be held responsible or liable in
any manner whatsoever and shall not be allowed without using safety measures
provided by the Promoter at site.

10.6 The Purchaser/s hereby agree, declare and confirm to use the said Lift
facility in this Project as per rules of the Management Company which
may be formed for the management of said building/s. The Purchaser/s
as well as his / her / their employees, agents, servants or heirs shall use
the Lift/s with due care and shall not misuse the said lift and will take
care and co-operate about it. During the usage of the said Lift facility, if
there is any accident / mishap or Casualty whereby any Purchaser/s,
his / her / their servants or agents or any person residing/occupying in
the said premises or any person visiting the said building/complex get
injured or any damage occurs or if there is any defects in the said Lift
facility or otherwise, then the Promoter/ Developers will not be held
responsible or liable in any manner whatsoever.

10.7 The Allottee shall make timely payment of the demand raised by
Promoter. In case of default in payment, the Allottee shall remedy the
default within the period prescribed in this agreement. The Allottee shall
not object to the cancellation of this agreement if the Allottee/s fails to
rectify the breach or breaches mentioned by the Promoter within the
period of notice then at the end of such notice period, Promoter shall be

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 entitled to terminate this Agreement.

10.8 The Allottee has relied upon the advertisement placed by the Promoter
on or after the 05th August 2021 while deciding to seek allotment of the
said unit in the project and entering into this agreement for sale.

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10.9The Allottee shall obtain “No Objection Certificate” and “No Dues
Certificate” from Promoter to transfer the right, title and interest in
respect of the said unit to third party before conveyance or till handover
to the Society/federation. Without obtaining the said certificates any
document executed by Allottees in the name of third party shall be
treated as ‘void-ab-initio’. The Promoter shall issue in his favor
necessary No Objection Certificate to that effect and also shall co-
operate the Allottee/s in that regard, provided i) the Allottee/s pays
entire consideration amount and transfer charges to the Promoter
before so selling the said Apartment, and ii) the subsequent Allottee of
the said Apartment absolutely consents to abide by all terms and
condition of this Agreement subject to providing NOC from Bank or any
Financial institution if any loan taken against the said unit by
Allottee/Purchaser.

10.10 The Purchaser hereby agrees, confirms that if the Promoter plans
to develop the balance floors , wings, land and/or property/ies adjacent
to the said Property in future and sell for consideration, the Apartments
of the project of the balance land and/or adjacent property/ies, the
Promoter shall have right to utilize the amenities inter alia like, water,
water lines, water tanks, internal roads, necessary easements,
electricity, MSEDCL lines, drainage connections open space, gas bank /
gas lines / reticulated gas supply system etc. of the said Project for the
proposed construction on the balance land and/or adjacent property/ies.
The Allottee/s hereby gives their irrevocable consent to the Promoter
for usage of the said amenities for construction on the balance land
and/or adjacent property/ies and complete the construction of the
adjacent Project/s.

10.11The Allottee has properly understand the development of said total

land by phases and the changes taken place in development and in
planning authority, and also declaration made by Promoter herein
before. Also the Allottee understands that NAINA/MSRDC/CIDCO is
now the New Town Development authority. The amenities and
infrastructure shall be provided by NAINA/MSRDC/CIDCO and the
Promoter has no control over the timing and period in which
NAINA/MSRDC/CIDCO provides such infrastructure.

10.12The Promoter shall have first and permanent lien and charge upon the
said Apartment and the right, title and interest of the Allottee/s therein
for all moneys due and payable by the Allottee/s to the Promoter under
this agreement.

10.13The Allottee/s shall observe and perform all rules and regulations of the
Promoter
/concern authority that may be made from time to time for protection
and maintenance of the said Building and the Apartments therein and
for the observance and performances of the building rules, regulations
and bye-laws for the time being of the concerned local authority and of
Government and other public bodies. The Allottee/s shall also observe
and perform all stipulations and conditions laid down by the
Promoter/Society/Federation/concern authority herein regarding
occupation and use of the Apartments/building /wing on the said
Property/Project Land. The Allottee/s shall pay and contribute regularly
and punctually towards the common taxes, expenses or other outgoings
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 in accordance with the terms of the Agreement;

10.14 The Allottee/s hereby expressly acknowledge and admit that some
of the Apartments in the said Project may not be sold at the time
after completion or forming society of construction or issuance of
completion / occupation certificate by Planning Authority in which case
the Promoter shall have the privilege and right to sell / allot such
Apartments to any person/s as per its discretion any time in future. The
Allottee/s shall always extend requisite co-operation to the Promoter
for

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 giving membership to such a new Allottee/s and such membership will
be given by accepting the membership fee, admission fee and share .
The said Co-op. Housing Society of all the Flat, Shop, Offices, Purchaser/s
shall have no any right or claim of whatsoever on all the unsold Flats, Shops,
Offices & other Premises. The Promoter/Developers will be at liberty to
mortgage any of the unsold premises or all the unsold premises to any bank/s
and/or financial institutes and avail financial assistance from them and shall
also issue mortgage NOC in their favour within 7 days from date or
demanded by the Promoter/Developer .

10.15 Since the Promoter is holding those unsold Apartments with the
intention to sell out the same to intending Allottees, the Promoter shall
entitled to pay maintenance or outgoings at a fixed sum of Rs.100/= per
month in respect of such unsold premises maintenance charges of unsold
Apartments to the society/Federation/Appex Body and it is only the
new Allottees of the unsold Apartments who shall be liable to pay

10.16 Nothing contained in this Agreement is intended to be nor shall

be construed as a grant, demise or assignment in law, of the said
Apartment or of the said Property and Building/s or any part thereof.
The Allottee/s shall have no claim save and except in respect of the
Apartment hereby agreed to be sold to him and all open spaces,
parking spaces, lobbies, staircases, terraces, amenities (if any),
recreation spaces, will remain the property of the Promoter until
handed over to the planning authority as per the conditions of
development:

10.17All direct and indirect taxes as imposed/ to be imposed by the

government, semi- government, local authorities, any statutory body,
etcetera in respect of the said Property / Building and/ or the said
Apartment and/ or this Agreement and/ or this transaction shall be
borne and paid exclusively by the Allottee/s. The Allottee/s hereby
undertake to indemnify and keep the Promoter indemnified all the time
and keep the Promoter harmless from all losses that may be suffered
by the Promoter on account of non-payment and/ or delayed payment
inter alia of maintenance charges, contributions, taxes, levies,
outgoings et cetera and other defaults, or any breach of terms and
conditions of this Agreement on part of the Allottee/s.

10.18By reasons of any judgment of court of law or amendment to the

constitution or enactment or amendment of any other Central or State
Laws at present in force or under law(s) that may come in force in
future, if the transaction under this Agreement is held liable now or
any time in future, to taxes such as GST (Goods and Services Tax),
Sales Tax, Service tax, Value Added Tax, Works Contract Tax etcetera
under concerned Acts/ Rules/ Legislations et cetera, as a sale or
otherwise, either wholly or in part any inputs or material or
equipments used or supplied in execution or in connection with this
transaction, such taxes shall be exclusively payable by the Allottee/s on
demand at any time without rendering either the Promoter liable in
this behalf in any manner whatsoever. In such an event the Promoter
shall have the right to recover/collect, such tax(es), duties by the
Allottee/s.

10.19 The Allottee/s hereby agrees that till the management of the said
Building of the said Project is handed over to all the Allottees
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participating in the said Project ,the Promoter shall be entitled to look
after day to day maintenance of the said Project
/Building to be constructed on the said Property /Project Land. The
Allottee/s hereby agrees to pay maintenance & to authorize the
Promoter to act as a designated authority of the said Project,by
opening temporary bank account in the name of the said
Project/Propose society till its completion and operate the same
through nominees in capacity of designated authority, to demand and
receive amount of

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 contribution from new Apartment Allottee/s including Allottee/s herein
for a period of twelve months from now and also for such further
period thereafter till the entire charge of maintenance activities of the
said Project is handed over to the Society/Federation , deposit the
contribution amount in the bank account, to spend and apply the
amount so collected from the Apartment Allottee/s for maintenance,
housekeeping and essential common areas and amenities/facilities
meant for the project and such other purposes the Promoter thinks
proper from time to time, to keep accounts of the amounts spent for
maintenance, to carry on all the above activities even after lapse of
twelve months from now till Promoter hands over entire charge of
maintenance of the said Project /Property /Building to the
Society/Federation. The Allottee/s hereby agrees to pay the Promoter
on demand additional amount payable of contribution after lapse of
said twelve months till the Promoter hands over the entire charge of
the said Project to the society/Federation.

10.20 The Allottee/s has willingly participated in the said Project of the
Promoter and Allottee/s shall pay to the Promoter the agreed total
consideration and other deposits or outgoings punctually and
diligently. The Allottee/s hereby indemnify the Promoter from all losses
that may be incurred by the Promoter on account of such non/delayed
payment and Allottee/s hereby indemnify to keep the Promoter
harmless and free from such losses.

10.21 The Promoter shall not be responsible for the consequences

arising out of change in law or and other law, rules, regulations etc. of
Municipal Corporation/ Concern Authority / DCR/ UDCPR.

The Allottee along with other Allottees of the Apartments in the

building shall join existing society or in forming and registering the
Society or Association or a Limited Company and federation to be
known by such name as the Promotor shall decide and for this purpose
to also from time to time sign and execute the application for
registration and/or membership and the other papers and documents
necessary for the formation and registration of the Society or
Association or Limited Company and federation and for becoming a
member, including the bye-laws of the proposed society and duly fill in,
sign and return to the promoter within seven days of the same being
forwarded by the Promoter to the Allottee, so as to enable the
Promoter to register the organization of the Allottees. No objection
shall be taken by the Allottee, if any changes are made in the draft Bye-
laws, or the Memorandum and / or Articles of Association, as may be
required by the Registrar of Co-operative Societies or the Registrar of
Companies, as the case may be, or any other Competent Authority.

PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE :

10. After the Promoter executes this Agreement he shall not mortgage
or create a charge on the Apartment and if any such mortgage or
charge is made or created then notwithstanding anything contained in
any other law for the time being in force, such mortgage or charge
shall not affect the right and interest of the Allottee herein

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 11. DATE OF POSSESSION AND FORCE MAJEURE:

11.1 The Promoter agrees and understands that timely delivery of

possession of the Apartment is the essence of this Agreement. Subject to
receipt of total consideration and dues of the Promoter and taxes
thereon are paid by the Allottee/s in respect of the said Apartment, in
terms of these presents, the Promoter, based on the approved plans and
specifications, assures to handover possession of the said Apartment and
said building of Phase II of the said Project on or before Thirty First
December Two Thousand Twenty Three. Of building no 5C, Stilt + 7
upper floor ,6D Stilt + 7 upper floor and 7E Stilt + 3 upper floor and of
building no 7E , 4th Floor to 7th Floor will be developed in future
Provided that the Promoter shall be entitled to reasonable extension of
time as agreed by and between the Allottee/s and the Promoter here in
for giving possession of the Apartment on the aforesaid date, and the
same shall not include the period of extension given by the Authority for
registration.

Provided Further that the Promoter shall be entitled to reasonable

extension of time for handing over possession of the Apartment if the
completion of building in which the Apartment is to be situated is
delayed on account of –
i. War, civil commotion/ Pandemic flood, drought, fire, cyclone,
earthquake, act of god or any calamity by nature affecting the regular
development of the real estate project (“Force Majeure”).
ii. Extension of time for giving possession as may be permitted by
the Regulatory Authority under the said Act for reason where actual
work of said Project building could not be carried by the Promoter as
per sanctioned plan or due to specific stay or injunction orders
relating to the said Project from any Court of Law, or Tribunal,
Competent authority, statutory authority, high power committee etc.
or due to such circumstances as may be decided by the Authority.
iii. Non availability of cement, steel, sand or any other construction
material in the market.
iv. For delay in supply of electricity and/or water by concerned
government departments or due to NAINA/MSRDC/CIDCO requiring
amendment in already sanctioned plan or for any other justifiable
reason or circumstances.

11.2The Allottee shall take possession of the said unit within fifteen (15)
days from the date of intimation from the Promoter about receipt of
Occupancy or Part Occupancy Certificate in respect of floor on which
his unit is situated. The Allottee must pay all outstanding dues including
the taxes and other statutory payment before claiming possession of the
said unit and also become member of the society by executing relevant
documents.

11.3 At the time of handing over possession, the Promoter may arrange for
getting Boring water connection if available in case if there is any delay
from concern authority for water connection and also may arrange for
creating internal water and drainage distribution system. However it
shall be responsibility of the Planning Authority to actually supply
adequate quantity of water to the Project. The Promoter shall not be in
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 any way responsible for non-supply or inadequate supply of water to the
Project.

11.4The Promoter, upon obtaining the Occupancy Certificate/Part

Occupation certificate or completion certificate from the Planning
Authority shall offer in writing to the Allottee/s intimating that, the said
Apartment is ready for use and occupation even though electricity and
water supply have not commenced by the respective

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 competent authorities. The Allottee shall not raise any claim/ demand
on the Promoter for the delay in getting the supply of electric and
water. On the Promoters offering possession of the said unit to the
Allottee, the Allottee shall bear and pay their proportionate share in the
consumption of electricity and water if sourced from alternate source in
the intervening period.

11.5 The Allottee/s herein shall inspect the said Apartment in all respects to
confirm that the same is in accordance with the terms and conditions of
this Agreement, complete the payment of total consideration and dues
and taxes thereon to the Promoter as per terms and conditions of this
Agreement and take the possession of the said Apartment within 15
days’ from the date of written intimation issued by the Promoter to the
Allottee herein. The Allottee agrees and undertakes to indemnify the
Promoter in case of failure of fulfillment of any of the provisions,
formalities, documentation on part of the Allottee. The Allottee/s agrees
to pay the maintenance charges as determined by the Promoter / body
of the apartment allottees / association of allottees, as the case may be.
It shall be expressly agreed that wherever it is the responsibility of the
Allottee/s to apply and get necessary services the same shall not be
undertaken by the Promoter and the Allottee/s shall be solely
responsible for the same.

11.6 Upon receiving a written intimation from the Promoter as stated

hereinabove, the Allottee/s shall take possession of the said Apartment
from the Promoter by executing necessary indemnities, undertakings,
possession agreement and such other documentation as prescribed in
this Agreement, and the Promoter shall give possession of the said
Apartment to the Allottee/s. In case the Allottee/s fails or commits delay
in taking possession of said Apartment within the time provided
hereinabove, such Allottee/s shall be liable for payment of common
maintenance charges as applicable, property tax, electricity charges
and any other expenses and outgoings in respect of the said Apartment
and the Promoter shall not be liable for the maintenance, wear and tear
of the said Apartment.

11.7 After obtaining the Full occupancy certificate and handing over
physical possession of the said Apartment to the Allottee/s, it shall be
the responsibility of the Promoter to handover the necessary
documents and plans to the Federation of the Allottee/s or the
competent authority, as the case may be, as per the local laws. Further
that the allottee has given his specific confirmation herein that the
responsibility of title of the properties mentioned in the Schedule No. I
& II shall be on the Promoter up and until the conveyance of the same
as envisaged hereinafter.

12. RESERVATION FOR CAR PARKING :

Allottee has requested the promoter that he/she does not require any car
parking space in said project. Accordingly, no reservation of car parking is
made against said unit.
Allottee undertakes, assures and guarantees not to claim any car parking
space in
said project in future, nor raise any objection to use of car parking by other
Allottee.
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 13. FORMATION OF SOCIETY/FEDERATION:

13.1 The Allottee along with other Allottees of Apartment in the building shall join
informing and registering the Society or Association or a Limited Company or
federation to be known by such name as the Promoter may decide and for this
purpose also from time to time sign and execute the application for registration
and/or membership and the other papers and documents necessary for the
formation and registration of the Society or Association or

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 Limited Company or federation and for becoming a member, including the
byelaws of the proposed Society and duly fill in, sign and return to the
Promoter within (7) seven days of the same being forwarded by the Promoter
to the Allottee/s, so as to enable the Promoter to register the Society or
Federation /Association of the Allottee/s. No objection shall be taken by the
Allottee/s if any, changes or modifications are made in the draft bye-laws, or
the Memorandum and/or Articles of Association, as may be required by the
Registrar of Co- operative Societies or the Registrar of Companies, as the case
maybe, or any other Competent Authority. The Promoter shall form the society
in manner wing vise/Phase wise/building wise as the case may be or which
shall be form in manner as per sole discretion of the Promoter.
13.2 The Promoter shall form the society within the prescribed time under RERA as
required under the laws/rules
13.3 After completion of project and upon obtaining full occupancy certificate in
respect of all the buildings proposed in Phase I & II, the individual societies
shall come together and form the Federation/apex body of the individual
societies as prescribed under RERA at their own cost and expenses. The
Promoter shall transfer all rights, title, interests in common amenities, i.e.,
road, street lights, open area, Garden, club house etc. to the planning authority
as per conditions of development or to the said Federation/apex body, as the
case maybe.
13.4 The Allottee/s shall become member of the Society which shall be formed
by Promoter and shall co-operate the Promoter in that regard in all
respect.

13.5 The Allottee/s shall observe rules and regulations of the concern
authorities. The Allottee/s either individually or otherwise howsoever
shall not be entitled to raise any objection/s of whatsoever nature in this
behalf.

13.6 The society formed shall allow new flat purchaser to become member of the
said society by following due process of law, duly submitting application form
required for becoming member and shall issue share certificate to the new flat
purchaser in future who has purchased the flat from developers unsold units if
any without demanding for any consideration or transfer charges from
Promoter/New Proposed Allottee.

13.7 The Purchaser or each society member/together all societies formed hereby
agrees that they shall give their NOC/free consent if required at the time of
formation of the Federation/Apex Body society by developer.

13.8 The Allottee shall be expelled from the said society if the Allottee
defaults in making timely payments or violates this deed in any manner.
For such expulsion the termination letter from Promoter shall be
sufficient document.

13.9 That when all the buildings are completed and the said entire project
stands complete in all respects comprising of all Phases and amenities
and entire potential FSI is consumed and upon obtaining Full occupancy
certificate for all buildings, a separate federation of societies shall be
formed and each of the society of each building shall become the
member of the said Fedaration

14. AMENITY SHARING AND MAINTENANCE:

14.1 The Allottee understands that the Promoter is developing the said total
land in phases.

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14.2 In addition to the amenities sanctioned and shown in lay out plan of
said original land appended as ‘Annexure-E’ the Promoter may develop
further proposed amenities in future. The Allottee here would also be
entitled to use such amenities which are proposed and not yet
sanctioned if and when developed in terms of this agreement however
the same shall be handed over to the planning authority as a condition
for development.

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14.3 The amenities constructed for the purpose of the project, which are not
required to be surrendered to any Public Authority as per Development
permissions, would be conveyed to the Federation/apex body after entire
development on said total land is complete. At least one person from
each society on the said total land shall represent the respective society.
Such federation would maintain such amenities by collecting
contribution from each society on the land to be conveyed who shall
contribute for the maintenance of the amenity space as decided then by
all the societies jointly. Until the said federation is formed, the Allottee
shall contribute his share of common maintenance to the Promoter. The
amount of such maintenance shall be decided by the Promoter from time
to time on the basis of expenses incurred. In addition to the said
maintenance the Allottee shall pay corresponding taxes on the said
maintenance amount.

14.4 The Allottee understands that the amenities meant for the project
(if any ) may not be available immediately on possession of unit or
formation of society of the said project. The amenities will be developed
by developer till getting full occupancy certificate. The Promoter
reserves his right to alter, modify or shift the sanctioned amenities
shown in the lay out plan of total land part of which may have to be
handed over to the planning authority as per the conditions of
development;

14.5 The Allottee shall contribute for maintenance of amenity to the

Promoter which is meant for the project and the Allottee undertakes to
contribute his share in a timely manner and without raising any
objection.

15. CONVEYANCE AND HANDOVER OF THE BUILDING:

15.1 The Promoter shall within Three (03) months of the formation of said
society from the date of receipt of complete amount of the said
consideration and upon the receipt of full occupancy certificate cause to
handover the building in favour of said society.

15.2 The Promoter shall convey /offer to convey the said land excluding the
land conveyed to the concern planning authority (amenities space) to the
Federation within twenty four(24) months of the Full Occupancy
Certificate. The land belonging to each Phase/each society cannot be
demarcated and hence will not be separately conveyed. The Promoter
shall (subject to his right to dispose of the remaining Apartments, if any
of the said Project) execute the conveyance of project land along with
structure and common areas (if any) meant for the project, which are not
required to be handed over to any public authority as per the
development permissions, in favour of Society/Federation Apex Body as
per the prevailing Policy as prescribed under RERA after receipt of full
occupation certificate of all the buildings proposed to be constructed in
the said project. As aforesaid the Promotor shall be entitled to take
further approval for 4th to 7th floor for Building No.7 and the Promoter
shall always have the exclusive right to construct and sell the flats in the
said floors from 4th to 7th for Building No.7 to any prospective buyers of
Promoter’s choice and to appropriate the sale proceeds thereof;

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15.3 The amenities/facilities (if any), common areas and rights of ways
etcetera are meant for the entire project and as disclosed in the location
plan shall be enjoyed by all the Allottees of said Project along with
existing members jointly, unless the Promoter has provided otherwise.
After completion of the said Project the common areas (amenities if any
there) meant for the project shall be handed over by the Promoter to the
society/Federation and society/Federation shall maintain the same. The
cost of stamp

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 duty and registration fees and other incidental costs in this regard shall
be borne by the Allottee or respective Apartment Allottee/s.

15.4 The charges, costs expenses for conveyance of land shall be borne by the
Allottee/or federation in proportion to his/her/their gross usable area
and that the federation/Allottee shall come forward to accept
conveyance of the said land in the name of the federation formed within
fifteen (15) days from the date of intimation by the Promoter. This
amount is not included in agreement value and shall be calculated and
informed to the members of the federation after Occupancy certificate.

15.5 Promoter shall (subject to his right to dispose of the remaining

Apartments, if any of the said Project) execute the conveyance of the
structure of said all phases alongwith common areas (if any) meant for
the project in favour of allottee/Society/Federation Apex Body after
getting full occupancy as prescribed under RERA after receipt of full
occupation certificate. The cost of stamp duty and registration fees and
other incidental costs in this regard shall be borne and paid by the
Allottee/Society or respective Apartment Allottees of said Project.
However, in case the Allottees of the said Project fails to deposit the
stamp duty, registration charges and all other incidental out of pocket
expenses any incurred by the Promoter and legal expenses etc. so
demanded within the period mentioned in the demand letter, the
Allottees authorises the Promoter to withhold registration of conveyance
deed in the favour of federation till full and final settlement of all dues
and stamp duty and registration charges to the promoter is made by the
Allottees/Society/ies.

15.6 Under no circumstances, the Allottee/s shall be entitled to such

conveyance, unless entire amount of total consideration or any other
amounts of money payable under this Agreement or as may be otherwise
agreed, by the Allottee/s either to the Promoter or to any other agencies
or authorities are actually paid by the Allottee/s.

10. SOCIETY MAINTENANCE CHARGES:

10.1 Commencing a week after notice in writing is given by the Promoter to
the Allottee that the said unit is ready for use and occupation,
irrespective of the Allottee taken the possession of the said unit or not,
the Allottee will be liable for proportionate share of outgoings in respect
of said apartment /common amenities meant for the project.
10.2 Within 15 days after notice is writing is given by the Promoter to the
Allottee that the Apartment is ready for the occupancy, the Allottee shall
pay to the Promoter, advance maintenance along with maintenance for
common amenities meant for the project for twelve months along with
LBT, Service Tax/GST, local taxes as “common maintenance charges” for
the upkeep and maintenance of the said Project building. The Allottee
shall draw cheque/ Demand Draft/ Managers Cheque in the name of
“CHOICE BUILDCON LLP - ”A/c maintenance in BANK OF INDIA
Bank, Koper khairane Branch, Navi Mumbai-400705 (the “said bank
account-1”). The amounts so paid by the Allottee to the Promoter shall
not carry any interest and remain with the Promoter until the building is
conveyed to the society as aforesaid.
10.3 The Allottee/s hereby agrees to pay maintenance to the Promoter
regularly every month on or before the tenth day of every month
beginning from the month following the month in which the Promoter
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offers to give possession of the said Apartment to Allottee/s or in lump
sum as may be decided by the Promoter, until the Promoter hands over
possession of apartment such proportionate share of the Allottee/s as
may be determined by the Promoter towards (i) all rates, taxes and
assessments, land revenue, electricity bills, water charges and water
taxes and all other outgoings and impositions which may from time to
time be levied upon or be payable in respect of the said Property /Project
Land and the said Building standing thereon to Planning

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 Authority and/or any other concern Authority, (ii) all other outgoings and
expenses including insurance premium, provisions for depreciation and
sinking fund and all outgoings and expenses of management, upkeep,
maintenance and repairs of the said Building standing on the said
Property /Project Land and the common lights, common sanitary and
other utility services, garden and other services and amenities ( IF
ANY ), if any, on the said Property /Project Land and in the said Building
including remuneration, salaries and wages of watchmen, supervisors,
sweepers, gardeners and other persons employed for the aforesaid
purposes or any of them and the collection charges in respect thereof
and the Allottee/s shall not withhold any payment of the amounts
demanded by the Promoter under this clause on any ground whatsoever.
The Allottee/s admit/s and confirm/s that he/she/they will be punctual for
paying monthly contribution amount to Promoter herein as the case may
be. Such proportionate share of expense shall be calculated on the basis
of area of the said unit plus the additional area attached to the said unit
i.e. gross usable area vis a vis total gross usable area of said project.
10.4 The Purchaser/s shall be liable to bear and pay all taxes and other charges
payable in respect of their premises and common expenses of their building
proportionally from the date from which NAINA/CIDCO/MSRDCL under NAINA
Scheme will grant the Occupancy Certificate to the Promoter/ Developers and
shall be liable to pay service charges and outgoings from the date the
Promoter/ Developers obtain the Part Occupancy / Occupancy Certificate from
the CIDCO/ MSRDCL Ltd under NAINA Scheme or upon taken permission of
excess for interior work of his/her/their premises.

10.5 After the formation of the society the Allottee shall bear and pay monthly
maintenance charges directly to the society.

11. FEDERATION CHARGES:

11.1 In addition to the advance maintenance of the said Project, the
Allottee/Society shall also pay to the Promoter/proposed federation in
advance towards the common maintenance charges like electricity of
common areas, security, property tax, maintenance of common areas
meant for the society, salaries for areas other than for society as
above (the “federation charges”) until federation is formed . The
Allottee shall draw cheque/ Demand Draft/ Managers Cheque in the
name of “Choice Buildcon LLP A/c Maintenance” in BANK OF
INDIA, KOPERKHAIRANE Branch, Navi Mumbai-400705, as the case
may be. The amounts so paid by the Allottee to the Promoter shall not
carry any interest and if any amount remain balance with the Promoter
until a conveyance of said total land is executed in favour of the
confederation as aforesaid. The Allottee shall ensure that the above dues
are cleared on their respective dates. In the event of default, the Allottee
shall be liable to pay interest at the rates prescribed under the RERA
Rules for the period of default.

11.2 The Allottee shall pay such contribution as mentioned herein above after
taking the possession and shall not withhold the same for any reason
whatsoever.

12. UNSOLD UNITS IN SAID PROJECT:

12.1 Promoter shall be inducted as a member of said society for unsold units
upon conveyance of building to respective society.

12.2 Promoter shall be entitled to sell the unsold units in said project
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without any separate permission or consent of society and the members
of society. The prospective Allottee of such unsold units shall be
inducted by the society as members and no objection shall be raised
either by existing members or the society/Federation.

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12.3 Allottee or society shall not be entitled to demand any transfer charge
for the transfer of unsold unit by the Promoter to prospective Allottees.

12.4 Promoter shall also be entitled to car parking reserved for every unsold
units and the society or Allottee shall not stake claim on such parking.

12.5 Promoter shall be entitled to mortgage the unsold units of the said
project with the financial institutions even after conveyance is done
without any separate NOC from society or the members of federation.

12.6 Promoter is entitled to all the rights of being a member of society i.e.
right to attend meeting, right to vote in the meeting etc.

13. POST POSSESSION OBLIGATION OF THE ALLOTTEE:

Allottee himself/themselves with intention to bring all persons into

whosoever hands the said unit may come, hereby covenant with the
Promoter as follows:-
a. To maintain the Apartment at the Allottee’s own cost in good and
tenantable repair and condition as it has delivered to him/her after and
shall not do or suffer to be done anything in or to the building in which
the Apartment is situated.
b. Not to store in the Apartment any goods which are of hazardous,
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the building in which the Apartment is
situated or storing of which goods is objected to by the concerned local
or other authority and shall take care while carrying heavy packages
which may damage or likely to damage the staircases, common passages
or any other structure of the building in which the Apartment is
situated, including entrances of the building in which the Apartment is
situated and in case any damage is caused to the building in which the
Apartment is situated or the Apartment on account of negligence or
default of the Allottee/s in this behalf, the Allottee/s shall be liable for
the consequences of the breach.
c. To carry out at his own cost all internal repairs to the said Apartment
and maintain the Apartment in the same condition, state and order in
which it was delivered by the Promoter to the Allottee/s and shall not do
or suffer to be done anything in or to the building in which the
Apartment is situated or the Apartment which may be contrary to the
rules and regulations and bye-laws of the concerned local authority or
other public authority. In the event of the Allottee/s committing any act
in contravention of the above provision, the Allottee/s shall be
responsible and liable for the consequences thereof to the concerned
local authority and /or other public authority.
d. Not to demolish or cause to be demolished the Apartment or any part
thereof, nor at any time make or cause to be made any addition or
alteration of whatever nature in or to the Apartment or any part thereof,
nor any alteration in the elevation and outside colour scheme of the
building in which the Apartment is situated and shall keep the portion,
sewers, drains and pipes in the Apartment and the appurtenances
thereto in good tenantable repair and condition, and in particular, so as
to support shelter and protect the other parts of the building in which
the Apartment is situated and shall not chisel or in any other manner
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 cause damage to columns, beams, walls, slabs or RCC, Pardis or other
structural members in the Apartment without the prior written
permission of the Promoter and/or concern authority.
e. Not to do or permit to be done any act or thing which may render void or
voidable any insurance of the said Property and the building in which
the Apartment is situated or

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 any part thereof or which may result any increased premium which shall
become payable by the Allottee in respect of the insurance.
f. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the
same to be thrown from the said Apartment in the compound or any
portion of the said Property/Project Land and the building in which the
Apartment is situated.
g. Pay to the Promoter within fifteen days of demand by the Promoter, his
share of security deposit demanded by the concerned local authority or
Government if any applicable.
h. To bear and pay increase in local taxes, water charges, insurance and
such other levies, if any, which are imposed by the concerned local
authority and/or Government and/or other public authority, on account
of change of user of the Apartment by the Allottee/s for any purpose
other than for purpose for which it is sold if said change of use is so
allowed by the Society/Promoter/Concern authority.
i. Allottee shall not let, sub-let transfer, assign or part with his/their
interest or benefit obtained under this Agreement or part with the
possession of the said unit unless it has obtained a ‘No Dues Certificate’
letter from Promoter. The Promoter shall issue such Certificate if all the
dues payable by the Allottee to the Promoter under this Agreement are
fully paid up and if the Allottee has not been guilty of breach of or non-
observance of any of the terms and conditions of this Agreement and
until the Allottee has requested in writing to the Promoter. Any
transaction of let, sub-let, transfer, assign, sale without obtaining ‘No
Due Certificate’ from Promoter shall be void-ab- initio. The Allottee shall
obtain such permission from said society after the leasehold right of said
total land is conveyed to the said confederation.
j. The Allottee/s shall observe and perform all the rules and regulations
which the Promoter/developer may adopt and the additions, alternations
or amendments thereof that may be made from time to time for
protection and maintenance of the said building and the Apartments
therein and for the observance and performance of the building Rules,
Regulations and Bye laws for the time being of the concerned local
authority and of Government and other public bodies. The Allottee/s
shall also observe and perform all the stipulations and conditions laid
down by the promoter regarding the occupancy and use of the
Apartment in the Building and shall pay and contribute regularly and
punctually towards the taxes, expenses or other out- going in
accordance with the terms expenses or other out-goings in accordance
with the terms of this Agreement.
k. The Allottee/s shall not be entitled to claim possession of the said
Apartment until the Occupation / completion Certificate is received from
the local authority and the Allottees has paid all dues payable under this
Agreement in respect of the said Apartment to the Promoter and has
paid the necessary maintenance amount/deposits, service tax, LBT, vat,
GST and other taxes payable under this Agreement
l. Till a conveyance of the structure of the building and during warranty
period in which Apartment is situated is executed in favour of
Society/Federation The Allottee/s shall permit the Promoter and their
surveyors and agents, with or without workmen and others, at all
reasonable times i.e between 9 am to 6 p.m, to enter into and upon the
said buildings or any part thereof to view and examine the state and
condition thereof.
m. That the Allottee/s shall indemnify and keep indemnifying the Promoter
against any actions, proceedings, cost, claims and demands in respect
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 of any breach, non- observance or non-performance of such obligations
given specifically herein to the Allottee/s.
n. That nothing herein contained shall construe as entitling the Allottee/s
right on any of the adjoining, neighbouring or the remaining portion of
the proposed project layout unless specifically agreed and consideration
dispensed by the Allottee/s to the Promoter in this regards.

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o. That the parking spaces including the parking sold/allotted, if any, to the
Allottee/s shall be used only for the purposes of parking and in this
regard the Allottee/s shall comply the general norms/rules of parking.

14. REGISTRATION OF THIS AGREEMENT:

14.1 Nothing contained in this Agreement is intended to be nor shall be
construed as a grant, demise or assignment in law of the said unit unless
all amounts as agreed upon in this agreement is paid by the Allottee to
the Promoter and unless this agreement is duly stamped under the
Maharashtra stamp Act and registered under the Registration Act, 1908.
The Allottee shall have no claim save and except in respect of the said
unit hereby agreed to be sold to him.
14.2 Allottee shall present this Agreement at the proper registration office
for registration within the time limit prescribed by the Registration Act
and the Promoter will attend such office and admit execution thereof
through its authorised representative or constituted attorney.

15. NOTICE:

15.1 All notices to be served on the Allottee and the Promoter as

contemplated by this Agreement shall be deemed to have been duly
served if sent to the Allottee and the Promoter, by Registered Post A.D.
at his/her address specified below :-

Address of the Allottee:

MR. PRAVIN BHAGWAN PAWAR AND MRS. RESHMA PRAVIN

PAWAR,
A-9, Room No-0/16, Jog Colony,
Sector – 10, Kalamboli Node,
Raigarh,
Kalamboli Node, Maharashtra - 410218.

AND
Office Address of
Promoter:- M/s. Choice
Buildcon LLP.
having Office at 1402, Bhumiraj
Costarica, Plot No. 1 & 2, Sector No
18,
Palm Beach Road,
Sanpada, Navi Mumbai –
400705

All correspondences sent by the Promoter to the aforementioned email

address of the Allottee shall be deemed to be received by the Allottee
on date of sending such correspondence. It shall be the duty of the
Allottee/s and the Promoter to inform each other of any change in
address subsequent to the execution of this Agreement in the above
address by Registered Post failing which all communications and
letters posted at the above address shall be deemed to have been
received by the Promoter or the Allottee, as the case may be. Further,
that in case there are Joint Allottees all communications shall be sent
by the Promoter to the Allottee/s whose name appears first and at the
address given by him/her which shall for all intents and purposes to

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 consider as properly served on all the Allottees.

16. That in case there are Joint Allottees all communications shall be sent
by the Promoter to the Allottee whose name appears first and at the
address given by him/her which shall for all intents and purposes to
consider as properly served on all the Allottees.

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 17. ALLOTTEE’S UNDERTAKING TO THE PROMOTER:

17.1 The Allottee/s undertake and hereby gives his/her/their express consent
to the Promoters to raise any loan against the said land and/or the said
buildings under construction and to mortgage the same with any bank or
bankers or any other financial institutions/s or any other party. This
consent is on the express understanding that any such loan liability shall
be cleared by the Promoters at their own expenses.

17.2 It is clearly understood and so agreed by the Allottee that all the
provisions contained herein and the obligations arising hereunder in
respect of said Project/ said entire project shall equally be applicable to
and enforceable against any subsequent Allottees of the said unit, in
case of a transfer, as the said obligations go along with the said unit for
all intents and purposes.

17.3 Forwarding this Agreement to the Allottee/s by the Promoter does not
create a binding obligation on the part of the Promoter or the Allottee/s
until, firstly, the Allottee/s signs and delivers this Agreement with all the
schedules along with the payments due as stipulated in the Payment
Schedule /Plan within 30 (thirty) days from the date of receipt by the
Allottee/s and secondly, appears for registration of the same before the
concerned Sub- Registrar as and when intimated by the Promoter. If the
Allottee(s) fails to execute and deliver to the Promoter this Agreement
within 30 (thirty) days from the date of its receipt by the Allottee/s
and/or appear before the Sub-Registrar for its registration as and when
intimated by the Promoter, then the Promoter shall serve a notice to the
Allottee/s for rectifying the default, which if not rectified within 15
(fifteen) days from the date of its receipt by the Allottee, and Promoter
shall reserve the right to cancel the said unit and shall allot the same to
any third party and all sums deposited by the Allottee/s in connection
therewith by forfeiting 10% of the total consideration amount (excluding
any taxes, stamp duty paid by the allottee) shall be returned to the
Allottee/s without any interest or compensation whatsoever. The Allottee
shall not claim any right in said unit thereafter or shall not object for
allotting the said unit by the developer to any third party as per
developer’s choice.

17.4 The Allottee hereby undertakes that in case the Allottee/s mortgages the
said Apartment to any financial institution it shall be the sole
responsibility of the Allottee/s herein to handover the original
Agreement or any final document of the said Apartment as and when
executed and registered to the financial institution. The Allottee/s agree
to do so without holding the Promoter responsible for the same and not
to deal with the said Apartment without prior permission and consent of
the financial installation during pendency of the charge.

17.5 The allottee hereby declares and undertakes that it is clearly understood
and so agreed by and between the Parties hereto that all the provisions
contained herein and the obligations arising hereunder in respect of the
said Project shall equally be applicable to and enforceable against any
subsequent Allotee/s of the said Apartment, in case of a transfer, as the
said obligations go along with the said Apartment for all intents and
purposes. Futher, the Allottee/s agree thatthey shall not object to any
easement rights that need to be given to any person in and around the
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said Project and shall neither object to any such proceedings of land
acquisition undertaken by the a government agency including any
compensation / benefit given to the promoter in turn for which no
Conveyance has occurred to the ultimate body of apartment allottees
expressly stated in this Agreement and for which no consideration
is

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 specially dispensed by the Allottee/Ssto the Promoter for the same; save
and except his right to enjoy and use the Apartment purchased by him
and any other rights given by the Promoter to the Allottee/s for which
consideration has been dispensed.

18. WAIVER NOT A LIMITATION TO ENFORCE:

18.1 The Promoter may, at its sole option and discretion, without prejudice
to its rights as set out in this Agreement, waive the breach by the
Allottee in delay in making payments as per the Payment Plan including
waiving the payment of interest for delayed payment. It is made clear
and so agreed by the Allottee that exercise of discretion by the Promoter
in the case of one Allottee shall not be construed to be a precedent
and /or binding on the Promoter to exercise such discretion in the case
of other Allottee.

18.2 Failure on the part of the Promoter to enforce at any time or for any
period of time the provisions hereof shall not be construed to be a
waiver of any provisions or of the right thereafter to enforce each and
every provision.

18.3 Any delay tolerated or indulgence shown by the Promoter in enforcing

the terms of this Agreement or any forbearance or giving of time to the
Allottee by the Promoter shall not been construed as a waiver on the
part of the Promoter of any breach or non- compliance of any of the
terms and conditions of this Agreement by the Allottee nor shall the
same in any manner prejudice the rights of the Promoter.

19. BINDING EFFECT:

19.1The recitals hereinbefore constitute an integral part of this Agreement
and are evidencing the intent of the parties in executing this agreement,
and describing the circumstances surrounding its execution. Said
recitals are by express reference made a part of the covenants hereof,
and this agreement shall be construed in light thereof. The Schedules,
Annexure and payment receipt shall be construed as an integral part of
this agreement.

19.2If any provision of this Agreement shall be determined to be void or

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

20. MATERIAL ADVERSE CHANGE/CONDITIONS:

In case of non-availability of any material offered by the Promoter here,
the promoter can use equivalent material/brands in any of the
parameters in the said entire project the parties hereto shall try and
amicably modify, alter, settle the matter within themselves.

21. COMPLIANCE OF LAWS RELATING TO REMITTANCES:

21.1 The Allottee, if resident outside India, shall be solely responsible for

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complying with the necessary formalities as laid down in Foreign
Exchange Management Act, 1999, Reserve Bank of India Act and Rules
and Regulations made thereunder or any statutory amendment(s)
modification(s) made thereof and all other applicable laws including that
of remittance of payment acquisition/sale/transfer of immovable

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 properties in India etc. and provide the Promoter with such permission,
approvals which would enable the Promoter to fulfil its obligations under
this Agreement. Any refund, transfer of security, if provided in terms of
the Agreement shall be made in accordance with the provisions of
Foreign Exchange Management Act, 1999 or statutory enactments or
amendments thereof and the Rules and Regulations of the Reserve Bank
of India or any other applicable law. All the costs, expenses, professional
fees, consultancy charges, payable to the concern banks, or any other
concern authority shall be solely born by the Allottee/s. The Allottee
understands and agrees that in the event of any failure on his/her part to
comply with the applicable guidelines issued by the Reserve Bank of
India; he/she shall be liable for any action under the Foreign Exchange
Management Act, 1999 or other laws as applicable, as amended from
time to time.

21.2 The Promoter accepts no responsibility in this regard. The Allottee shall
keep the Promoter fully indemnified and harmless in this regard.
Whenever there is any change in the residential status of the Allottee
subsequent to the signing of this Agreement, it shall be the sole
responsibility of the Allottee to intimate the same in writing to the
Promoter immediately and comply with necessary formalities if any
under the applicable laws. The Promoter shall not be responsible
towards any third party making payment/remittances on behalf of any
Allottee and such third party shall not have any right in the
application/allotment of the said apartment applied for herein in any way
and the Promoter shall be issuing the payment receipts in favour of the
Allottee only.

22. INVESTOR CLAUSE:

The Allottee has purchased the said Unit as an Investor. The Allottee
intends to sell the said unit within a period of one year from the date of
this Agreement. In the event the said Unit is sold within one year then
the Allottee shall be entitled to invoke the benefit available to an
Investor as per the amendment made to the Maharashtra Stamp Act,
2015. Without prejudice to the Allottees right as an Investor, the Allottee
may continue to hold the said Unit like any other Allottee if he does not
sell it within one year.

23. SEVERABILITY:
If any provision of this Agreement shall be determined to be void or
unenforceable under the Act or the Rules and Regulations made there
under or under other applicable laws, such provisions of the Agreement
shall be deemed amended or deleted in so far as reasonably inconsistent
with the purpose of this Agreement and to the extent necessary to
conform to Act or the Rules and Regulations made there under or the
applicable law, as the case may be, and the remaining provisions of this
Agreement shall remain valid and enforceable as applicable at the time of
execution of this Agreement.

METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER

REFERRED TO IN THE AGREEMENT:
Wherever in this Agreement it is stipulated that the Allottee has to make any
payment in common with other Allottees in Project, the same shall be in
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proportion to the carpet area of the Apartment to the total carpet area of al
the Apartments in the Project.

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 24. FURTHER ASSURANCES:
Both Parties agree that they shall execute, acknowledge an deliver to the
other such instruments and take such other actions, in additions to the
instruments and actions specifically provided for herein, as may be
reasonably required in order to effectuate the provisions of this Agreement
or of any transaction contemplated herein or to confirm or perfect any right
to be created or transferred hereunder or pursuant to any such transaction.

25. GOVERNING LAW:

That the rights and obligations of the parties under or arising out of this
Agreement shall
be construed and enforced in accordance with the laws of India for the
time being in
force.

26. ENTIRE AGREEMENT:

This Agreement, along with its schedules, constitutes the entire Agreement
between the Parties with respect to the Unit/Apartment hereof and
supersedes any and all representations, understandings, any other
agreements, allotment letter, correspondences, arrangements whether
written or oral, if any, between the Parties in regard to the said unit, as the
case may be.

27. JURISDICTION:
All disputes concerning this agreement shall be subject to the jurisdiction of
courts in Khalapur/Alibaugh.

28. DISPUTE RESOLUTION:

Any dispute between parties shall be settled amicably. In case of failure to

settle the dispute amicably, which shall be referred to Arbitrator as per
provisions of Arbitrator and Conciliation Act, 1996. All the disputes and
differences arising between the Promoter and allottee hereto, including any
disputes and differences in regard to the interpretation of any provisional or
term or the meaning there off, or in regard to any claim of the allottees
against the Promoter or in regards to the rights and obligation of the
Promoter and/or the Allottee/s here under the agreement or otherwise,
however shall be referred to a sole arbitrator as mutually decided by both, the
Promoter and the Allottee/s.

29. RIGHT TO AMEND:

This Agreement may only be amended through written consent of the either
Parties if so affecting any rights of either parties herein.

30. STAMP DUTY AND REGISTRATION COST:

The cost of Stamp Duty, Registration fees and other incidental and ancillary
cost in respect of this Agreement have been as agreed, exclusively borne and
paid by the Allottee/s.

31. NO COERCION:
31.1The parties hereto represent and acknowledge that they have decided to
enter into this Agreement voluntarily, knowingly and without undue
influence, duress, or coercion of any kind. The parties represent and
acknowledge that each has read this Agreement and understands its
contents.

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31.2The Allottee hereby acknowledges that he/she/they has/have been afforded
the opportunity to obtain independent legal advice and confirms by the
execution and delivery of this Agreement that he/she/have either done so or
waived their right to do so in connection with the entering into of this
Agreement.

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 32. PLACE OF EXECUTION:

The execution of this Agreement shall be complete only upon its

execution by the Promoter through its authorized signatory at the Promoter’s
office, or at some other place, which may be mutually agreed between the
Promoter and the Allottee/s herein. After the Agreement is duly execution the
said agreement shall be registered at the office of the sub- Registrar. Hence
this Agreement shall be deemed to have been executed at Khalapur or
concern sub-Registrar offices.

The first schedule above

referred to Description of
Property 22/2
All that piece or parcel of nonagricultural land bearing Survey No. 22, Hissa
No. 2, area admeasuring about H.R.P. 0-56-1 i.e. 5610 Sq. Mtrs., assessed at
Rs. 102=20 Ps. ,situate, lying & being at Village-Rees, Tal. Khalapur, Dist.
Raigad, within the limits of Panchayat Samiti, Khalapur and the same is
bounded as follows:

On or towards the East : Survey No. 24/1

On or towards the West :Survey No. 22/1A, Survey No.3, Survey No.4 and

Survey No.5 On or towards the South : Survey No.21 and Existing

On or towards the North : Survey No.24/1

The Second schedule above referred to

Description of Property 24/1
All that piece or parcel of nonagricultural land bearing Survey No. 24, Hissa
No. 1, area admeasuring about H.R.P. 0-50-9 i.e. 5090 Sq. Mtrs., assessed at
Rs. 610=80 Ps., situate, lying & being at Village Rees, Taluka Khalapur,
District Raigad, within the limits of Panchayat Samiti, Khalapur and within
the jurisdiction of Sub-Registrar of Assurance at Khalapur and the same is
bounded as follows:

On or towards the East : Nallah

On or towards the West :Survey No.

22/2 On or towards the South :

Existing Road On or towards the

North : Survey No.

26

Note: As per 7/12 area of Survey No. 22/2 & 24/1 total area is 10,700 Sq. Mtrs
but as per physical survey conducted by survey office/TLIR total area is 13,200
Sq. mtrs.

(Approximately). Developer is developing property on total area 13,200 sq.

mtrs. (as per TLR survey done
The third schedule above referred to
Description of Premises / Unit / Appartment
In respect of E Type, Building no. 7, on the 5th Floor, Flat No. 507, total
area admeasuring about 65.028 Sq.Mtrs Carpet (more particularly described
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in the ANNEXURE- D annexed herein and delineated in red in the floor plan
which is also part of the said Annexure-D)situated in Phase-II of the Project to
be known as “CHOICE AMBE SMRUTI” situated on land bearing Survey
No. 22/2 & 24/1, Village Rees, Taluka Khalapur, District Raigad, within the
limits of Panchayat Samiti, Khalapur and within the jurisdiction of Sub-
Registrar of Assurance at Khalapur.(For consideration agreed under this
agreement).

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IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands and seals this day and year first hereinabove mentioned.

SIGNED AND DELIVERED by the )

Withinnamed Promoter/Developers

) M/s.

CHOICE BUILDCON LLP

PAN: AAKFC3820G )

through its Partner namely, )

Deepak Valji Karia )

in presence of )

1. Signature

2.

SIGNED AND DELIVERED by the )

With in named PURCHASER )

MR. PRAVIN BHAGWAN PAWAR )

PAN: ASKPP6385K )

Signature

MRS. RESHMA PRAVIN PAWAR

) PAN: DHIPP9892K

Signature

in presence

of 1.

2.

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 RECEIPT
RECEIVED with thanks from the Allottee MR. PRAVIN BHAGWAN PAWAR
AND MRS. RESHMA PRAVIN PAWAR a sum of Rs. 51,000/- (Rupees
Fifty One Thousand Only) as part payment on execution hereof as per
terms & conditions of this Agreement for Sale of Flat no. “507”, on 5th Floor
in 7E Nos Building in the Project Known as “CHOICE AMBE SMRUTI”
Phase -II constructed on above said Phase -II land being part and portion of
above said total land more particularly described in SCHEDULE 1 AND 2 to
this Agreement.

Cheque
Drawn on Bank &
No./RTGS/NEFT/IMP Dated Amount Rupee
Branch
S UTR No

UPI 21/07/24 GP PARSIK BANK 51,000/-

Total Amount 51,000/-
The receipt is subject to realization of
Cheques. Date:
Place:
We say received

For CHOICE BUILDCON LLP

Partner

(The
Promoter/Developers)

Note : All payments are acknowledged subject to its realisation in our

account Any delay in payment interest will be charged separately as per
RERA Act. Will be intimated separately will demanded by time to time or
before possession.

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 SPECIFICATION AND AMENITIES FOR THE UNIT
Internal Amenities
 Flooring : Vitrified flooring by a reputed brand for the entire apartment.
 Kitchen : Granite kitchen platform with S.S sink.
 Paints : Plastic or Equivalent paints on all walls.
 Door : Laminated flush main door with elegant hardware fittings.
 Window : Powder coated aluminium sliding window with marble framing.
 Plumbing : Concealed plumbing with reputed make CP fittings.

List Of Annexure:
1) Layout of said original land.
2) 7/12 extract of said original land.
3) Commencement Certificate.
4) Title Certificate.
5) Floor Plan.
6) MAHA RERA Registration certificate.
7) Part & Final occupancy certificate Phase I.

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