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their hiers, executors, administrators and assigns etc., but does not include the
person/s who cease(s) to be the partners of the said firm)
AND
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Hereinafter referred to as PURCHASER/S (Which expression unless repugnant to
the context or meaning thereof shall mean and include his/her/their successors,
survivors, legal representative, administrators, executors and assigns)
..Party of the Second Part
WHEREAS the party OF THE FIRST PART herein are the exclusive and absolute
developer owner of the property bearing ---------------------------- having area
admeasuring --------- sq. mtr, situated within the Registration Sub District Taluka
Mulshi, District Pune at Village -------------------------- and situate within the limits of the
Pimpri Chinchwad Municipal Corporation and which is more particularly described in
Schedule A hereunder written and hereinafter referred to as the Said Property.
And WHEREAS the Additional Collector Pune, District Pune Vide its order reference
Ref. No. ---------------------------------------------------------------------- , granted permission for
NA use of the land.
AND WHEREAS by an agreement Dated -------- executed and registered at sr. no.
------------ between the Promoter and the unit Purchaser herein, subject to the terms
and conditions agreed thereto, the unit purchaser agreed to purchase and acquire
from the promoter and the promoter agreed to construct and allot the premises,
which is more particularly , described in detail in schedule no. B hereunder given.
AND WHEREAS the Purchaser who is desirous of furnishing his/her unit and carrying
out certain interior works therein, has requested the promoter to allow him/her to
occupy the said unit consideration which the promoter has accepted the request.
AND WHEREAS the Unit Purchaser has thereafter personally along with his/her
/their Architect deputed for the purpose verified and satisfied himself as regards.
a) Most of the specification, amenities fittings and fixtures provided into the
said unit are in accordance and corresponding to the said Agreement .
However, the purchaser agrees and accepts certain amenities and
specifications being not provided or changed by the Promoter without giving
notice to the purchaser depending on suitability of amenity , viability and
costing factors in the interim period .
b) The building material used , construction quality finishing work and
workmanship etc. is as per plans, satisfactory and accepted and any
diversion from the approved plan will be rectified in the record plans .
c) The built up area of the said unit which is inclusive of the Carpet Area Under
walls , balconies , flower beds, expansion joint cup boards , boxing,elevation
features, all projections at slab /level/lintel level etc and rooms , society office
pump house etc .and the same is in accordance with the provisions of the
Development Control Rules of the PImpri Chinchwad Muncipal Corporation .
d) The provision made temporary or permanent as the case may be for water ,
electricity , drainage connections , electric meters, road, garden are
satisfactory and accepted and the purchaser may have to face some
inconvenience or disrupted supply till separate electric meter ,water
connection to be applied for the obtained in purchaser or societys name is
obtained .
e) Approach road / Passages / Staircases leading to the said unit being suitable
for use and for ingress and outgress and the purchaser shall have no
complaints if any Kachha /temporary roads have been provided which may
cause some inconvenience to the purchaser till the entire scheme is
completed for which the purchaser consents and is acceptable to him /her.
f) Unit premises are for his/her/their i.e. the purchasers habitation use and
occupation and amenities are in working conditions, and those services
/facilities which are not will be commended functioned and available for use
before the final conveyance deed.
g) The fact that exclusive parking space rights ,open space rights, terrace rights.
Garage/s in the scheme the allottable by the promoter to any other persons,
till final sale Deed is agree able to and accepted by the Purchaser and that
the lift will be provided and installed for commencing use before final
conveyance of the land is executed .
h) The Unit Purchaser agree and aware that the completion certificate of the
said unit is not yet received . The promoter is handing over the occupation of
the said unit as per His/her/their request and only for interior designing and
furniture work etc. The unit purchaser hereby agrees that he/ she/they will
not occupy the unit without the completion Certificate . If he /she fails to acts
as per the same , then the Unit Purchaser alone is responsible for the same .
i) The unit Purchaser hereby agree and award that separate meter is not yetr
obtained from M.S.E.D.C.L . if the unit Purchaser want to use electricity from
the common meter , the Promoter shall charges as per meter reading on the
said common meter at the reate of actual chargeable rate per unit as per bill
of common meter .
AND WHEREAS with full knowledge of the above units, the Unit Purchaser showed
his readiness to pay the balance of agreed price and other dues and take
possession of the unit as per the said Agreement after satisfying himself as to all
the above facts and consenting thereto .
AND WHEREAS the said earlier Agreement has been executed as per the provision
of Maharashtra Ownership Flat ( Regulation of Promotion of Construction , Sale
Management and Transfer ) Act ,1963 and rules made thereunder. However as per
the suitability and requirements of the parties certain terms have been mutually
agreed upon and incorporated therein and herein to be treated as part of the
contract between the parties .
AND WHEREAS the provision of the Said Act and rules made thereunder apply to the
Said unit as well as the Said scheme development and promoted by the Promoter .
AND WHEREAS with full knowledge of all the above facts and consenting thereto,
the unit Purchaser agreed to take the possession of the said unit from the promoter
in terms of the Said Agreement and subject to payment of adequate stamp duty as
per the provisions of the Bombay Stamp Act.
1) The consideration amount towards the unit received by the Promoter from
the unit purchaser and the various other dues and deposits as mentioned in
schedule B thereunder given, the Promoter has delivered the vacant and
peaceful possessions of the Said Unit more particularly described in the
schedule hereunder given , to the unit Purchaser and Unit Purchaser admits,
acknowledges and conforms to have received the same from the Promoter.
2) Since The provision Of the Maharashtra Ownership Flats Act, 1963, apply to
the said unit, the requisite stamp duty as per the amended Bombay Stamp
Act as per Article 25 (d) (B) has already been paid at the time of execution of
the said Agreement / is being paid on the execution of his Possession Receipt
by the Unit Purchaser .
3) The unit Purchaser himself by appointing his own Architect, advocates and
other professional / consultants and after persona; inspection and
verification, has satisfied himself and has got no grievances or complaints as
regard the follows; and not withstanding anything to the contrary or silence
on any point contained in the Said Agreement consents and agrees that :
a) The title of the owners to the said land and right of the Promoters to deal
with the Said Unit is clear , marketable and fee from the encumbrances .
b) The area of the said unit is as per and corresponding to the definition of
built up area mentioned in the Development Control Rule and The Gross
price arrived at and mentioned in the Said Agreement Calculated for the
Said unit is based on the built up area of the unit , which includes the
carpet area , area under walls , balconies , flower beds, expansion joint ,
cupboard s, other projections at slab level /Lintel leveletc.and
proportionate area under passages, staircases, lift well, lift machine
rooms, society offices ,Pump House etc. the amenities and specifications ,
fitting and fixtures provided construction quality materials used ,
workmanship are all satisfactory and as per approved building plans, and
the common area and facilities provided are in accordance with the Said
Agreement .
c) All and whatever deposit dues, contributions and payments collected /to
be received by the promoter from the Purchaser are as per mutual
Agreement and the purchaser has no grievances or objections for the
same .
Notwithstanding whatever may have been the interim correspondence
between the parties , the possession of the Said Unit duly completed has
been handed over to the Purchaser in time as agreed upon and any delay
in the same caused on account of force major and other reasons as per
the Said Agreement is hereby condoned and accepted by the Purchaser .
In the alternative the purchaser has been the sufficiently , been
compensated for the delay in possession , by the Promoter by forgoing
/adjustment against the additional price payable by the Purchaser towards
Interest on delayed payment /installments, escalation in prices of building
materials, and /or built up area of the Unit Found a bit excess on actual
measurement than paid for and/or certain extra or superior amenities
been provided.
d) The Parking Space right , terraces , garages, open spaces and other areas
in the scheme being allotted by the Promoter for exclusive use to other
person /purchasers and the same being restricted for use by the Purchaser
except those areas which are specifically allotted to the Purchaser as
mentioned in Schedule B. Also parking space rights being charged for
recovery of the costs incurred by the Promoter for providing /constructing
the same is acceptable and consented by the Purchaser.
e) The Permanent or temporary connection /meters and lines of water,
electricity and /or drainage provide to the Unit and Scheme in general is
satisfactory . The Purchaser consents for the facilities and infrastructure
will not take any objection for the same agrees that he /she /they will not
occupy the unit Purchaser alone is responsible for the same .
i) The Unit Purchaser hereby agrees and aware that separate meter is not
yet obtained from M.S.E.D.C.L. if the Unit Purchaser want to use the
electricity from the common meter , the promoter shall charge as per
meter reading on the said common meter at the rate of actual chargeable
rate per unit as per bill of common meter .
j) And whereas the unit purchaser has agreed that he/she will not make any
alterations in the Units after possession without the permission of the
Promoter /society . The Unit Purchaser also confirms that he/she will not
fix any grills on the external portion of the building, nor will the Unit
Purchaser change the design /location/colour of the grills provided by the
Promoters at any given time. The Unit Purchaser also confirms that he/she
will not place any Kinds of flowerpot/wet clothes for drying or any such of
the kind of material on the parapet walls of the terraces or any other such
areas of the building which will spoil the show/elevation of the building .
On breaking of any of the above promises by the Unit Purchaser the
Promoter/Society will have the right to charge , penalty for the damages
caused due to such actions. The amount of penalty decided by the
Promoter /society will be final and will not be challenged by the Unit
Purchaser .
5) The Unit Purchaser hereby agrees that any additional liability , arising in
respect of Registration Fee, Stamp Duty, Sales Tax etc. in respect of and
proportionate to the area of the said Unit/s. If any before or at the time of
execution of the Final Sale Deed shall be borne and paid by the Unit
Purchaser and paid by the Unit Purchaser and the Promoters shall not be
responsible for the same .
6) The Possession Receipt Shall always be treated as a part and parcel of the
Said Agreement , which shall remain in full force and effect and binding on
the Purchaser along with the voluntary confirmations made and authorities
given under the Possession Receipt by the Purchaser .
[ The Purchaser undertakes to abide by the terms and conditions mentioned
in Annexure I and gives his explicit consent to the Promoter to take
necessary action in case of breach on the part of the Purchasers ].
SCHEDULE B
A) SCHEME
:__________________________
B) UNIT NO.
:____________________________
C) AREA
D) AGREEMENT PRICE
: ____________________________
: RS. _____________________________
F) CORRECTION DEED
:___________________________
G) AGREEMENT DATE
:_______________________________
H) REGISTARTION NO .
: SR.NO.______________________
AND DATE ___________________
IN THE WITNESS WHEREOF THE PARTIES HERETO HAVE HEREUNTO SET AND
SUBCRIBED THEIR RESPECTIVE HANDS AND SEALS ON THE DAY, MONTH AND
THE YEAR WRITTEN HEREINABOVE.
Authorised
To,
JHAMTANI GROUP
_____________________________________,
_____________________________________,
______________________________________,
Dear Sir ,
I have inspected my Unit No.______ at your Project
________________________________with your representative along with common
amenities provide in the project and have Commented as follows :1) All doors are in good condition and fixture of all doors are intact and
working in satisfactory manner .Door fitting with Night latch or main door
are found in good conditions.
2) Polishing/painting of all the doors is proper.
3) Cover mouldings of all the doors are properly fitted and polished/painted .
4) Plastering of the flat is proper
5) Flooring of all rooms in proper level and skirting is in proper line
6) There are no strains and patches on flooring.
7) All windows are working in satisfactory manner and all the fixtures are
working smoothly .
8) Glasses of all windows are intact and no cracked glass is located in the
glazing portion of the windows .
9) All sanitary , such as W.C. pan, Commode, was Basin and C.P. Fittings are
intact and no cracks or leakage are present.
10)
Glazed/ceramic tile daos fixed over kitchen platform, in bathroom and
W.Cs are proper and intact. No cracked tiles are located in the dado.
11)
Kitchen platform is in proper condition and all parts of the kitchen
platform including front patti are crack free and intact.
12)
All bathroom /toilet/W.C floors are with proper slope and no chocking
occurs in any of the bathroom/toilet/W.C.
13)
There is no leakage from bath/toilet/W.C/kitchen sink and terrace of
flat above in my flat.
14)
All electrical Switches and points are in good and operating conditions.
15)
Painting of the Flat is proper and satisfactory .
16)
Electricity meter/sub meter is provided for my flat and i/we shall pay
the electricity bills.
17)
Proper approach roads are provided for the project.
18)
Water supply system has been provided to the complex with
appropriate pumping system and the pump is delivering sufficient water.
19)
All the keys for main door and letter box has been received herewith.
I am aware that electric supply is given from existing common meter and I will take
necessary precautions for voltages fluctuations till new transformer and meter is
Yours Faithfully ,
[CLIENT/REPRESENTATIVE( on behalf of the unit holder )]
NAME OF THE UNIT HOLDER
REPRESNTATIVE
RESIDING AT
DATE
:_____________________________________
______________________________________
: ______________________________________
_______________________________________
: ____________
ANNEXURE I
For the safety , security and smooth functioning , the management has set the
following Terms & Conditions which are to be followed by the Purchaser/s :-
8) The Purchaser is aware that the promoter are providing free telephone
instrument along with installation of _______________landline connection
through authorized dealer of __________________________________________. The
Purchaser can always contact______________________ at their office in
___________________________. The contact no . of _____________________ is
______________________. Also the promoters have worked out a minimum plan
of Rs 100 /- with internal calling with in ___________ absolutely Free. The plan
sheet is attached herewith . on availing this plan Purchaser/s can use the free
intercom facility to enable the Purchaser s to contact security and allows
Purchasers guest inside and Communicate with other flat holder free of cost .
9) The Purchaser is aware that the Promoter has provided a mini exchange Of
_______________ on the site and also agrees that no other wired connections
would be allowed .However, Purchaser/s can avail any other wireless
connection without nay antennas /Dish antennas hanging outside the building
face, attach terraces or top terraces. The Purchaser is aware that in case nay
such antennas are found Promoter will remove them at the cost of the
Purchaser and he/they will not be responsible for any damage /losses caused
by such removals.
10)
The Purchaser/s is also aware that the promoter has provided common
dish antenna of ______over each building along with wired connectivity to
each unit. However, the Purchaser/s is requested to purchase the set top box
from the authorized dealer of __________________ at the contact details
mentioned in the clause no.8 above . The Purchaser /s agrees to the fact that
incase he/she/the rent out the said unit then he/she/they should inform the
tenant /lessee about the same. Therefore, the Purchaser agrees that
he/she/they will not avail the facility of any other services provider for
television channel . The Purchaser is aware that in case any antennas of any
other service provider for television channel is found promoter will remove
them at the cost of the Purchaser and the promoter will not be responsible for
nay damages/losses caused by such removal.
On breach of any of the above terms and conditions and promises made by
the unit Purchaser/s the promoter will have the right to charge penalty for the
damages caused due to such actions. The amount of penalty decided by the
Promoter will be final; and will not be challenged by the Unit Purchaser.
INDEMNITY BOND
This indemnity bond cum declaration is made at Pune on this ___________day of
_____________.
I / We further declare that I / we are aware that the Central Govt., State Govt., Local
body, has/ shall made applicable service tax, vat, sales tax, work contract tax, cess
or any other tax etc. on the construction, transaction & also on sale of the flat, etc. I
/ we aware that there is some insignificance relating to the payment of service tax
(VAT) relating to the transaction under this agreement.
I / we are liable & responsible / will have to pay service tax / VAT and duty charge
premium, levies, cess, surcharge, penalties etc. I /we hereby assure and promise to
pay immediately on demand the same which the government / local body may
impose under whatsoever name. I / we hereby indemnify the Promoter herein
against such payment of service tax / VAT and duty charge premium, levies, cess,
surcharge, penalties etc.
I / we have received vacant & peaceful possession of said flat / unit no._____________
in building ____________in the project______________ developed upon the land bearing
_____________________________________________________ I / we further declare that the
possession of the said flat/unit has been given to me/us only on my satisfaction, and
further I / we hereby declare that the possession of the said flat/unit is subject to my
/ our liability of payment of above referred all taxes, cess etc.
SIGN_________________________
SIGN_________________________
I hereby mentioned that upon my request the said builder promoter has handed
over the possession of the said flat to me for the purpose of interior work of said
flat.
I hereby agree and accept that the Gate pass having its serial number which will be
given by the said promoter and I will sign that gate pass also I will be provide photo
copies of the same to the my contractors & labors. Further I am aware that to carry
on the interior work the timing will be _______________________and I hereby declare
that I will abide by the schedule and the will follow the protocol.
I hereby declare and indemnify that during the course of interior of said flat if any
damages happen to responsible and liable for the same.
Further I declare that I have agreed and declare to deposit an amount of Rs.
1,00,000/- with the said builder as a interest free security deposit for the period
commencing from the date of possession till the completion of interior work. If any
damages happen due to or because of interior work of said flat then the said
damages will be compensated from the said deposited amount and the balance if
any remains then the same will be refunded by the said builder without any interest.
I myself will be held responsible for any accident caused during the interior work.
Thus I hereby declare that the builder promoter are neither responsible in future for
any damages.
Whatever stated hereinabove is true and correct to best of my knowledge and
believe, and hence I have given this undertaking cum declaration.
Pune.
Date __________
Declarant Mr./Mrs.____________
Declarant Mr./Mrs.____________