bb mywoods phase - i 11.01.17 - mahagun...

GREATER NOIDA (WEST)

Phase -I

w.e

.f. 16-0

3-2

017

MahagunManor

N O I D A

INDIRAPURAM ,GHAZIABADModern Homes. Modest Budget. Mahagun Villa

SECTOR-78 ,NOIDA

(West)

M/s Mahagun India Private Limited,

B-66( 1st Floor), Vivek Vihar,

Delhi-110095

Dear Sirs,

a) I/ We hereby apply for the allottment of a residential unit as per details given herein for your Project" Mahagun Mywoods", situated at Plot No: GH-04, Sector-16C, Greater Noida(West) I/ We have read and understood the terms and conditions, as given in the sale agreement. I/We agree to abide and execute the prescribed sale agreement on the Company's standard format, which inter alia includes the Company endeavouring to give possession of the said flat to me/us in stipulated time subject to my/our making timely payments as per agreed and approved payment plan of the total sale consideration, and other charges. I/We confirm and accept the terms and conditions of the sale agreement. I/We have also read the disclosure and understood the terms & Conditions of this application.

b) The Applicant acknowledges that the company has provided all the information and clarifications as sought by the Applicant. The applicant is satisfied with the same. The applicant has also relied on his/her own judgment and conducting inquiry before deciding to apply for purchase of the said apartment. The applicant has not relied upon nor is influenced by any architect's plans, advertisements, representations, warranties, statements or estimates of any nature whatsoever, whether written or oral made by Company or by any selling agents/brokers or otherwise including but not limited to any representations relating to the description or physical condition of the said complex/said apartment. This application is complete and self contained in all respects, no oral or any written representation or statements shall be considered constituting part of this application.

c) It is requested that applicant may be allotted an apartment and/or an exclusive right to use parking space(s) (hereinafter defined) in the said complex as per the company's: - Down Payment Plan

d) The applicant encloses herewith a sum of Rs.____________ (Rupees _________________ only) by bank draft/cheque no.__________ dated____________ drawn on _________________________________________________________ favour of the company payable at _________________ as booking amount.

e) The applicant agrees that if the company allots the said apartment (hereinafter defined) then the applicant agrees to pay the total price (hereinafter defined) and all other amounts, charges and dues as per the payment plan opted by the applicant and/or as and when demanded by the company or in accordance with the terms of this application/agreement (hereinafter defined) that shall be executed by the company in accordance with company's standard document.

f) The applicant has clearly understood that by submitting this application the applicant do not become entitled to the final allotment of the said apartment in the said complex notwithstanding, that the company may have issued a receipt in acknowledgment of the money tendered with this application from the applicant. The applicant further understands that only after issuance of the allotment letter, the allotment will get confirmed only after execution of the sub-lease deed , and agreeing to abide by the terms and conditions laid down therein. If the applicant fails to execute the sub-lease deed within 30 days from the date of dispatch of information for execution of sub lease deed failing which the company shall have the discretion to treat this application as cancelled and on such cancellation, the earnest money, (hereinafter defined) along with non-refundable amounts, (hereinafter defined) which is paid by the applicant shall stand forfeited. The Applicant understand if for any reason the company is not in a position to finally allot the said apartment within a period of one year from the date of this application, the company shall refund the amounts deposited by the applicant with simple interest @11% per annum calculated for the period the deposited amount had remained with the company, provided the applicant is not in breach of any of the terms of this application/agreement. The company shall refund such amounts within 30 days of receipt of such demand notice from the applicant. The applicant understands that the company has no other liability of any kind except to refund the amount, as detailed above.

g) The applicant agrees to abide by the terms and conditions of this application including those relating to payment of total price and other deposits, charges, rates, taxes (hereinafter defined) cesses, levies and forfeiture of earnest money and non-refundable amounts as laid down herein and/or in the agreement.

h) Notwithstanding anything contained herein in this application, the applicant understands that the application will be considered as valid and proper only on realisation of the amount tendered with this application.

The particulars of the Applicant(s) are given below for Company's reference and record:

1. (i) SOLE OR FIRST APPLICANT(S) Mr./Mrs./Ms………………………………………………

S/W/D of …………………………………………………………………………….…

Nationality ……………………………….. Age ……………..……….. years…………

Profession ……………………………………………………………………………

Residential Status: Resident/Non-Resident /Foreign National of Indian Origin

…………………………………………………… income Tax Permanent Account

No………………………………………….……………… Ward/Circle/Special range

and place where assessed to income tax …………….……………………………………

Mailing Address…………………………………………………………………………

…………………………………………………………………………………………………………………

Tel No………………………………………. Fax No……………………………………………………………

Office Name & Address……………………………………………………………………………………………

…………………………………………………………………………………………………………………

……………………………………………………….Tel. Nos……………………………..……………………

E. mail ID……………………………………………Mobile……………………………………………………

(ii) JOINT OR SECOND APPLICANT(S) Mr./Mrs./Ms…………………………….……………

S/W/D of …………………………………………………………………………….

Nationality………………………….….Age…………………………years ……………

Profession ……………………………………………………………………………..

Residential Status: Resident/Non-Resident/Foreign National of Indian Origin

…………………………………………………… income Tax Permanent

Account No………………………………………….…Ward/Circle/Special range and

place where assessed to income tax …………….………………………………

Mailing Address…………………………………………………………………………

…………………………………………………………………………………………………………………

Tel No………………………………………. Fax No……………………………………………………………

Office Name & Address……………………………………………………………………………………………

…………………………………………………………………………………………………………………

……………………………………………………….Tel. Nos……………………………..……………………

E. mail ID……………………………………………Mobile…………………………………

OR

*M/s_______________________________________________________________________

a partnership firm duly registered under the Indian Partnership Act 1932, through its partner authorised by resolution dated

________ Shri/Smt. ________________ (copy of the resolution signed by all Partners required).

PAN/TIN: __________________________ Registration No.__________________________________________

OR

**M/s____________________________________________________________________________ a

Company registered under the Companies Act, 1956, having its corporate identification no.___________ and having its

registered office at ________________________ through its duly authorised signatory Shri/Smt.

______________________________________________ authorised by Board resolution dated ___

_________________ (copy of Board Resolution along with a certified copy of Memorandum & Articles of Association

required). PAN: ___________________

(**Delete whichever is not applicable)


5,00,000

3,00,000

4.50 4.5015 15 15

offer of Possession

)


The terms and conditions given below are indicative and comprehensively setout in the allotment letter, which upon execution shall supersede all

previous documents. The applicant shall sign all the pages of this application in token of its acceptence: -

Definition & Interpretation

In this Application, the following words and expressions, when capitalized, shall have the meanings assigned herein. When not capitalized, such

words and expressions shall be attributed their ordinary meaning.

"Additional PLC" means the charges payable in addition to the PLC for the Said Apartment being additional preferentially located, calculated on

per sq. feet basis of the super area of the Said Apartment.

"Allotment" means the apartment buyer's agreement to be executed by the Applicant and the Company on the Company's standard format.

"Applicant" means person(s), applying for allotment of the Said Apartment, whose particulars are set out in this Application and who has appended

his signature in acknowledgement of having agreed to the terms and conditions of this Application.

"Application" means whole of this Application form including all annexures, schedules, terms and conditions for allotment of the Said Apartment in

the Said Complex.

"Basic Sale Price" is an all encompassing price inclusive of EEC/FFC, Club membership, Lease rent & Power backup charges upto 1 KVA.

"Built Up Area" includes carpet area of the flat/apartment, areas under walls, half area of partition walls, full area of balconies, cupboards,

spaces projections, full area of the terrace, if any on the same floor, attatched exclusively with the apartment, and other projections.

"Company" means M/s Mahagun India (P) Ltd., having its Corporate office at 44, 4th Floor, Tower-B, Sector-62, Noida (UP), and includes its

affiliates, sister concerns, subsidiary(ies), associate(s) and holding company.

"Common Areas" means all facilities to be used by all the apartment owners, such as corridors, terraces, staircases, staircase shafts , lifts, lifts

lobbies, shafts machine rooms, all service shafts , fire escapes , all underground and overhead tanks , electric sub stations , control panel rooms ,

installation areas of transformers and DG Sets, guardrooms, guard towers, entrances and exit of the complex , water supply treatment plants ,

pump-houses, sewerage system and STP, EPABX system, common toilets, rain water harvesting, entrance lobby/ies if any, roads, common lawns

and other common recreational/infrastructural facilities etc. for all the Dwelling Unit(s).

"Earnest Money" means 10% of the Total Price of the Said Apartment payable by the Applicant.

"Force Majeure" means any event or combination of events or circumstances beyond the control of the Company which cannot (a) by the exercise

of reasonable diligence, or (b) despite the adoption of reasonable precaution and/or alternative measures, be prevented, or caused to be prevented,

and which adversely affects the Company's ability to perform obligations under this Application, which shall include but not be limited to:

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

(b) explosions or accidents, air crashes and shipwrecks, act of terrorism;

(c) strikes or lock outs, industrial dispute;

(d) non-availability of cement, steel or other construction material due to strikes of manufacturers, suppliers, transporters or other

intermediaries or due to any reason whatsoever.

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

(f) the promulgation of or amendment in any law, rules or regulations or the issue of any injunction, court order or direction from any

governmental authority that prevents or restricts the company from complying with any or all the terms and conditions as agreed in this

Allotment; or

Terms & Conditions forming part of Booking Application for Apartment at Mahagun Mywoods


(g) any legislation, order or rule or regulation made or issued by the Govt. or any other authority or if any competent authority(ies) refuses,

delays, withholds, denies the grant of necessary approvals for the Said Complex/Said Building or if any matters, issues relating to such

approvals, permissions, notices, notifications by the competent authority(ies) become subject matter of any suit/writ before a

competent court or; for any reason whatsoever.

(h) any event or circumstances analogous to the foregoing.

"Limited Common Areas and facilities/independent areas" (are as declared, but not included as common areas to joint use by apartment

Applicants) and can be sold by the promoter without the interference of apartment owners, individually or jointly, such as open parkings and spaces

appurtenant thereto with required approaches, covered parkings both in stilts and basements and spaces appurtenant thereto ,with required ramps

and approaches, all basements and stilt areas with required approaches, other than those sold as parkings / stores and commercial / shopping

plazas, schools , medical facilities, if any , and all other built up areas , not covered in the calculation of super area , shall be treated as limited

common areas and facilities / independent areas.

"Maintenance Charges" means the maintenance to be paid by the Applicant for the maintenance and upkeep of the Said Complex/Said

Building/Said Apartment to be paid as per the payment plan to the Company or to the Maintenance Agency @ Rs. 1.25 per sq. ft. of the super area of

the Said Apartment, payable on monthly basis.

"Maintenance Agency" means the person(s) who shall carry out the maintenance and upkeep of the Said Complex and who shall be responsible

for providing the maintenance services within the Said Complex/Said Building/Said Apartment, which can be the Company or association of

apartment owners or such other agency/body/company to whom the Company may handover the maintenance of the Said Complex.

"Non Refundable Amounts" means interest paid or due on delayed payments, deduction of brokerage paid by the Company, if any, etc.

"PLC" means charges for the preferential location of the Said Apartment payable/as applicable to be calculated on the per sq. ft./per sq. mtr. basis

of super area of the Said Apartment as mentioned in this Application hereinabove.

"Said Apartment/Dwelling Unit" shall mean the specific apartment applied for by the Applicant in the Said Building, details of which has been

set out in the Application and includes any alternative apartment, if allotted to the Applicant in lieu of the Said Apartment.

"Said Building" means the buildings in the Said Complex, as mentioned in this Application in which the Said Apartment may be located.

"Said Complex" means the complex to be developed on Said Land under the name and style of "Mahagun My Woods" as per the buildings plans as

approved by the competent authority, comprising of highrise residential apartments, other buildings, club house, etc.

"Said Land" means the land admeasuring approximately 145737.80 sq. mts.

"Super Area" comprise of the built up area as defined above and pro rata interest in the common areas and facilities, described under the common

areas.

"Taxes" shall mean any and all taxes payable by the Company by way of value added tax, state sales tax, central sales tax, works contract tax,

workers welfare cess/fund, service tax, cess, educational cess or any other taxes, charges, levies by whatever name called, in connection with the

development/construction of the Said Apartment/Said Building/Said Complex.

"Total Price" means the amount amongst others, payable for the Said Apartment which includes Basic Sale Price, PLC (if the Said Apartment is

preferentially located), calculated on per sq. feet/per sq. mtr. basis of the super area of the Said Apartment and cost of Parking Space(s), power back

up charges, EEC/FFC, lease rent, club membership but does not include other amounts, charges, security amount etc., which are payable as and

when demanded by the Company in accordance with the terms of this Application, including but not limited to: -

i) Maintenance Charges, Additional PLC, municipal tax on the Said Apartment.

ii) Stamp duty, registration and incidental charges as well as expenses for execution of the Agreement and conveyance deed etc. which shall be

borne and paid by the Applicant.

iii) The cost of prepaid electric meters for individual apartments, alongwith required accessories.

iv) Cost of additional parking space(s), if allotted to the Applicant at later date, on its demand

v) Any other charges that may be payable by the Applicant as per other terms of the Application and such other charges as may be demanded by

the Company.

vi) Interest free maintenance security deposit @ 25.00 per sq. ft.

vii) Sinking Fund @ Rs. 10-00 per sq. ft. of the super area.

viii) All rights on basement, stilts etc, shall vest with the builder unless allotted separately.

ix) Service Tax or any other tax/taxes as levied from time to time.

Which amounts shall be payable by the applicant in accordance with the terms and conditions of the application/allotment and as per the demand

raised by the company from time to time.

For all intents and purposes and for the purpose of terms and conditions setout in this application, singular includes plural and masculine includes

feminine gender.

The terms and conditions given below are of indicative nature with a view to acquaint the applicant with the terms and conditions as comprehensively

setout in the allottment letter/ Sub-lease deed which upon execution shall supersede the terms and conditions set out in this application.

1. The applicant has applied for allotment of the said apartment and is fully aware of limitations, restrictions and obligations of the company in

relation to and in connection with the development/construction of the said apartment/said building/said complex and has also satisfied

himself about status/title/interest/rights of the company over the land on which the said apartment/said building/said complex is being

developed/constructed and has understood all the constraints of the company in respect thereof. The applicant confirms that no further

inquiry in this regard is required by the applicant. The applicant confirms that this application is irrevocable and cannot be withdrawn. The

applicant understands that the final allotment of the said apartment is entirely at the discretion of the company.

2. The applicant shall pay the total price of the said apartment in accordance with the payment plan opted by the applicant and in addition the

applicant shall also be liable to pay all other amounts, charges and dues mentioned in this application and in terms of allotment which shall be

paid upon on demand raised by the company from time to time. The applicant agrees and understands that the total price of the said apartment

and other charges are calculated on the basis of the super area of the said apartment which is provisional and any increase or decrease, over

and above 3%, thereof, shall be payable or refundable on pro-rata basis of the basic price. Any adjustment on this account shall be made only at

the time of possession. All dimensions shown in feet-inches are close approximation to metric dimensions.

3. Subject to the other terms and conditions of this application/allotment, on and after the payment of total price, and other charges and dues as

per the application/allotment, the applicant shall have the: -

(i) Exclusive ownership of the area of the said apartment.

(ii) Undivided proportionate interest in the land underneath the said building calculated in the ratio of super area of the said apartment to the

total super area of all apartments in the said building

(iii) Undivided proportionate interest and right to use common areas and facilities such as, terraces, corridors, staircases, staircase shafts

and lifts, lifts lobbies, shafts machine rooms, all service shafts , fire escapes , all underground and overhead tanks , electric sub stations ,

control panel rooms , installation areas of transformers and DG Sets, guardrooms, guard towers , entrances and exit of the complex, water

supply treatment plants , pumphouses, , sewerage system and STP EPABX system , common toilets , rain water harvesting , entrance


lobbyies if any, roads, common lawns and other common infrastructure/ recreational facilities etc. for the Dwelling Unit(s) alongwith

other apartment owners.

(iv) Right to exclusive use of the allotted parking space(s); and

(v) The right of usage of common facilities is subject to observance by Applicant/s of covenants herein and upto date payments of all dues by

the Applicant(s) as already detailed in this agreement.

(vi) The applicant agrees that he shall not have any right in any basements, stilts, open and covered parking spaces , commercial premises/

building, shops and their approaches etc., (except to the extent specifically allotted), and in the limited common areas and facilities

/independent areas( as already defined hereinabove), in the said complex. The company shall be free to dispose off the same on such

terms and conditions as it may deem fit. The applicant shall not have any right to interfere in the manner of booking, allotment and

finalization of sale of basement areas, stilts, open and covered parking spaces , commercial premises / buildings with its approaches, etc.

or in the operation and management including, but not limited to creation of further rights in favour of any other party by way of sale,

transfer, lease, collaboration, joint venture, operation and management or any other mode including transfer to government, semi

government, any other authority, body, any person, institutions, trust and/or any local bodies which the company may deem fit in its sole

discretion.

4. The applicant shall not have any right to interfere in the manner of booking, allotment and finalization of sale of shops, commercial

premises, buildings, community centres, club, etc. or in the operation and management including, but not limited to creation of further

rights in favour of any other party by way of sale, transfer, lease, collaboration, joint venture, operation and management or any other

mode including transfer to government, semi-government, any other authority, body, any person, institutions, trust and/or any local

bodies which the company may deem fit in its sole discretion.

5.(a) The interest in the limited common areas and facilities/independent areas, if any common areas, and undivided interest of each apartment

owner in the land underneath the building as decided by the company or else specified by the company in any declaration (which may be

filed by the company in compliance of the act) shall be conclusive and binding on the applicant. The applicant agrees and confirms that the

applicant's rights, title and interest of the applicant in the said apartment, limited common areas and facilities/independent areas, if any

common areas and the undivided interest underneath the building shall be limited to and governed by what may be decided or specified by

the company in such declaration. The applicant shall be required to join the society, association of the owners of the apartment, and the

applicant agrees to pay all fees, charges thereof and complete such documentation and formalities as may be necessary by the company in

its sole discretion for this purpose.

(b) The applicant agrees that the company may in its sole discretion and for the purpose of complying with the provisions of the applicable act

or any other applicable laws can substitute the method of calculating the undivided proportionate interest in the land underneath the said

building and in common areas and facility in any declaration with respect to said apartment.

6. Common areas electricity & water charges shall be payable on monthly basis by the Applicant on equal basis.

7. Electricity, power back up and water charges, and replacements if any are to be paid as per actuals.

8. The total price of the flat payable by the Applicant is inclusive of the applicable taxes/fees/levies/cess etc. prevalent as on 31st March, 2010 .

The Applicant agrees and undertakes that in addition to total price, the Applicant shall be liable to pay all taxes/fees/levies/cess etc. to the

Company, which are imposed after 31st March,2010 but before execution of the sub-lease deed in favour of the Applicant and the same shall be

charged as per details: -

(a) A sum equivalent to the proportionate share of taxes/fees/levies/cess etc. shall be paid by the Applicant to the Company. The

proportionate share shall be the ratio of the super area of the Said Apartment to the total super area of the Complex, as a whole.

(b) Further, if after 31st March, 2010 there is any additional compensation to the farmers or any other compensation as assessed and

attributable to the Company (s) as a consequence of Government statutory or other local authority(s) order or any judicial order, the

Applicant(s) will beliable to pay his/her/their share of such additional compensation.

(c) The Company shall periodically intimate the Applicant, on the basis of certificates from a chartered engineer and/or a chartered

accountant, the amount payable as stated above which shall be final and binding on the Applicant and the Applicant shall make payment of

such amount within 30 (thirty) days of such intimation.

(d) Service Tax as applicable shall be paid extra by the Applicants. Any alteration in the Service Tax rates in future shall be accordingly

accounted for.

(e) Any taxes/fees/levies/cess etc. on the Complex after execution of the sub-lease agreement shall be payable by the Applicant alongwith

all other Applicants or their subsequent transferees and the Company shall not be responsible for the same. The Applicant(s) shall be

liable to pay all the levies and fees on pro-rata basis as determined by the Company and the determination of the share and demand shall

be final and binding on the Applicant

9. The Applicant/s has seen, understood and accepted the plans and has applied for the allotment of the Said Apartment with the specific

knowledge that with the consent of the competent authority and as per permissible building byelaws, the building plans, designs,

specifications, measurements, dimensions, location and number of the Said Apartment and/or Said Building, floor plans may be

revised/altered due to technical reasons, overall improvement of the Complex or any unforeseen circumstances. It will be the endeavor of the

Company not to make any major change in the layouts in which provisions have been made for future blocks to cater for utilizing any balance

FAR/additional FAR which may be permitted in future by the competent authority / FAR available against payment and any other permissible

areas under the applicable bye laws. The Company if so required may revise/alter the plans of the Complex with the permission of the

competent authority. The Applicant/s hereby agrees and consents not to object, to such revision/ alteration, individually or collectively in any

manner whatsoever with respect to easement or any other rights of his/her Apartment/Complex, their layouts, number of floors, height of the

said block in the above mentioned future blocks which shall be construed to be a part of the Complex in all manners. All rights in the areas of

said future blocks and in the areas arising out of such revisions/alterations in the Said Building/Complex shall vest exclusively with the

Company and the same can be sold/disposed of by the Company without any hindrance whatsoever by the Apartment owners.

10. The applicant agrees that if due to change in the layout plan/building plan of the said complex/said building/said apartment: -

(a) The said apartment seizes to be preferentially located then only the amount of PLC, paid by the applicant shall be refunded without any

interest and such refund shall be made/adjusted in the last instalment as stated in the payment plan opted by the applicant.

(b) If the said apartment subsequently becomes preferentially located, the applicant shall pay PLC of the apartment to the company as

applicable and as demanded by the company.

(c) If the said apartment subsequently becomes additionally preferentially located, the applicant shall pay additional PLC to the company in

the manner as demanded by company.

The applicant understands that in case of change in the location of the said apartment due to change in the layout plan/building plan of the said

complex/said building/said apartment or otherwise, the applicant shall have no other right or claim as mentioned hereinabove.

11. The price of the flat mentioned in this application is inclusive of the cost of providing electric wiring, switches, in all the rooms, toilets and

kitchen, ceiling fan and tube light in all rooms, light fitting in common passages, balconies and toilets only (except for servant/utility toilet) in

each apartment and fire fighting equipments only as prescribed in the existing fire fighting code/regulations and power backup of 1 kva. The

price of the flat does not include the cost of prepaid electric meter which shall be got installed by the intending Applicant at his/her own cost,

through the Company. If however, due to any subsequent legislation/government order or directives or guidelines or if deemed necessary by

the company or of its nominees, additional fire measures or it is necessitated for installation of such other equipment then the applicant agrees

to pay for the additional expenditure incurred thereon on pro-rata basis alongwith other Applicants as determined by the company in its


absolute discretion which amounts shall be payable by the Applicant in accordance with the terms and conditions of the application/allotment

and as per the demand raised by the company time to time.

12. The total price includes the cost of equipments/appliances as mentioned in specifications. All the equipments/appliances provided in the said

apartment/complex are mainly indicative and subject to change. The applicant further agrees and understands that the company shall have

the option to choose the brand of equipments/appliances to be installed and the Applicant shall have not the right to raise any dispute or claim

with regard to the brand installed by the company in the said apartment.

13. The applicant agrees and understands that the company is not giving any warranty or guarantee with regard to the equipments/appliances

installed in the said apartment. The guarantee and warrantee is of the manufacturer/supplier as per the terms and conditions mentioned in

the warrantee/guaranty issued by the manufacturer and supplier with regard to equipments/ appliances. The guaranty/warrantee issued by

the supplier/manufacturer of all the equipments/appliances etc. provided in the said apartment will be handed to the applicant at the time of

possession. Thereafter, the company shall be absolved of all its responsibilities and liabilities with regard to the functioning, manufacturing,

operation of the equipments/appliances installed in the said apartment. The company shall not be responsible or liable for any defect, mishap,

accident which may occur due to any manufacturing defect, operation defect or otherwise in the equipments/appliances installed in the said

apartment. The applicant agrees and understands that the company shall not be responsible for operation maintenance or for any

consequence thereof.

14 (a). The applicant agrees that the company shall enter into an arrangement of supplying power to the said complex in which the said

apartment is located. The applicant further agrees that this arrangement of being supplied the power could be provided by the company

or its agent directly or through the respective society/association of apartment owners. It is further agreed by the applicant that the

company shall have sole right to select the site for installations, determine the capacity and type of power generating and supply

equipment as may be considered necessary by the company. It is also understood that the said equipment may be located anywhere in or

around within or nearby the said complex.

(b) It is further agreed and confirmed by the applicant that the company shall have the right to charge tariff for providing/supplying the power

at the rate as may be fixed on time to time which may or may not be limited to the rate charged by state electricity boards. The applicant

agrees and confirms that he/she pay the amount based on the tariff to the company or its subsidiaries/affiliates directly or through the

society/association of owners respectively for consuming the power so supplied but shall have no ownership right, title or interest in the

equipment so installed by the company or its subsidiaries/affiliates. The applicant confirms and understands that such power generating

or supplying equipment may during its operation cause inconvenience to the applicant and the applicant shall have no objection to the

same. The applicant shall be liable to pay the consumption charges. The applicant shall not have right to raise any dispute with regard to

such arrangement either with regard to installation of power generating equipment or payment of tariff at any time whatsoever during the

period applicant continues to be the owner of the said apartment. The clause shall survive the conveyance of the apartment or any

subsequent sale/re-sale or conveyancing thereof.

15. The applicant understands that it is mandatory to purchase 1 parking space along with an apartment. The parking space allotted to the

applicant shall be an integral part of the said apartment which cannot be sold/dealt with independent of the said apartment. The applicant

may apply for additional parking space which may be allotted subject to availability and at the prevailing price. All clauses of this application

and agreement pertaining to allotment, possession, cancellation etc. shall be read in context to the parking space(s) so allotted, where

applicable. The parking space allotted to the applicant does not form a part of common area of the said apartment/said building/said

complex but it is a part of limited common areas and facilities/independent areas .

16. The applicant agrees that time is of the essence in respect of all payments to be paid by the applicant including the total price and all other amounts, charges, dues as mentioned in this application/agreement.

17. However, in case of any major alteration/modification resulting in more than 10% change in the Said Apartment or material change in the specifications of the Said Apartment, any time prior to and/or upon the grant of occupation certificate by the Company's architect or by the

competent authority, the Applicant will be informed in writing by the Company of such change and the difference in price of the Said Apartment to be paid by him or refunded to him by the Company as the case may be. The Applicant agrees to inform the Company in writing his objections, if any, to the changes within thirty (30) days from the date of such notice failing which the Applicant shall be deemed to have given his consent to all the alterations/modifications. If the Applicant objects to such change in writing, within the permitted time the Company decides to go ahead with changes, then the allotment shall be deemed to be cancelled and the Company's only liability shall be limited to refund of the amounts received, excluding non-refundable amounts received from the Applicant along with interest @ 11% per annum only

for the periods, the deposited amount has remained with the company, within six months of the date of cancellation or realization of the

amount after resale, whichever is earlier and the Applicant agrees that the Applicant shall have no other claim or right to raise any claim or

dispute of any nature whatsoever and the Company shall be free to deal with/dispose off the Said Apartment in a manner in which it may deem

fit.

The Applicant agrees that any increase or reduction in the super area over and above plus/ minus three percent of the Said Apartment shall be payable or refundable (without any interest) at the rate on which such areas were sold/charged. Any adjustment in this regard shall be made only at the time of possession.

18. The Applicant agrees and undertakes to pay all Government rates, tax on land, municipal tax, property taxes, wealth tax, taxes, fees or levies of all and any kind by whatever name called, whether levied or leviable now or in future by the Government, municipal authority or any other governmental authority on the Said Complex/Said Building/Said Apartment or land appurtenant thereto, as the case may be, as assessable or applicable from the date of the Application. The Applicant shall be liable to pay all the levies and fees on pro-rata basis as determined by the Company and the determination of the share and demand shall be final and binding on the Applicant till the Said Apartment is assessed separately.

19. The Applicant agrees to pay applicable club usage charges and also fees for the club facilities (if provided). The amount shall be paid as when demanded by the Company. The actual usage will be payable as per the usages and service availed by the Applicant and the Applicant will be required to sign the necessary documents for necessary membership of the club, which shall contain the detailed terms and conditions. That the club and recreational facilities shall however be made functional, only upon completion of all the phases of the project as a whole in all respects.

20. The Applicant agrees that the Company shall not be liable to perform any or all of its obligations during the subsistence of the Force Majeure conditions and the time period required for performance of its obligations shall stand extended. If in the opinion of the Company Force Majeure continues for a considerable time, then the Company may in its sole discretion put the construction of the project in abeyance and terminate/alter/vary the terms and conditions of this Application/Agreement and in case of termination, the Applicant shall be entitled to refund of the amounts deposited by the Applicant, without any interest or compensation whatsoever, provided the applicant is not in breach of

any of the terms of this application/agreements.

The Applicant agrees and acknowledges that the Company, in its sole discretion may abandon the project, or in event of failure to deliver the complex/flat to the satisfaction of individual applicant without assigning any reason thereof and in such an eventuality, the liability of the Company shall be limited only to refund the amount received from the Applicant, alongwith 11% interest per annum for the periods, the deposited amounts had remained with the company, provided the applicant is not in breach of any of the terms of this application/agreements and the Applicant shall have no other claim of any nature whatsoever.

21. The company shall construct the project in several phases and shall have the discretion to revised/alter within the permissible building bye laws, the number of storeys, towers and further effect changes in the layout plan, without any change however in his flat, except as stated above.

22. Subject to other terms of this Application and the Allotment letter, including but not limited to clause 18 and timely payment of the Total Price and other Amount(s), charges and dues as mentioned in the Application/Allotment letter without any default, the Company shall endeavour to complete the construction of the Said Apartment on or before 31st December’ 2017, subject to Force Majeure circumstances. The company may at any time on or before the date of completion as mentioned above may offer the possession to the applicant and the applicant shall be bound to take the possession of the Said Apartment by completing the requisite formalities without any failure. However, in case of its failure to handover the possession on or before 31st December’ 2017, the Company would pay the applicant, penalty at the rate of Rs.5/- per sq. ft./month which represents the current rental value of a similar apartment/unit, as prevailing in the area, in which the project is being executed or in the area/s contiguous to the location of the said project, for the delay attributable to the inability of the Company in handing over the Said Apartment beyond the aforesaid date.


That any delay on account of the authority for issuance of the completion certificate shall not be considered as any delay on account of the company. The date of applying the certificate shall be presumed as the date of completion, the company shall not be liable for the penalty for delay in possession after the said date i.e. any claim for completion or delay in possession will be confined upto the date of applying for the completion certificate only.

Similarly, the Applicant would also be liable to pay holding charges @` Rs.5/- (Rupees five only) per sq. ft. per month if the Applicant fails to take the possession within 45 days from the date of issuance of the offer of possession to the applicant. Both parties agrees and confirm to the rate of Rs.5/- per sq ft per month as a just and equitable estimate of the damages that the Applicant/Company may suffer and the Applicant agrees that it shall have no other rights/claims whatsoever, provided the Applicant is not in breach of any of the terms of this Application. The adjustment of such compensation shall be made only at the time of execution of conveyance deed.

That the penalty as detailed and stipulated in this para shall be payable only in case the applicant has made timely payment of all due installments as stipulated in the agreed payment schedule. However in case of any non-compliance of agreed payment schedule by the concerned applicant, the stipulation with regard to the payment of the agreed penalty by the company shall be deemed to have been waived off by the applicant and he/she/they shall not be entitled to any such payment under and in terms of this booking.

23. The Applicant agrees and understands that in order to provide necessary maintenance services, the maintenance of the Said Complex/Said Building may be handed over to the Maintenance Agency. The Applicants agrees to enter into a maintenance agreement with the Company or the Maintenance Agency appointed by the Company for maintenance and upkeep of the Said Complex (including common areas & facilities) and undertakes to pay the maintenance bills/charges thereof. The Company reserves the right to change, modify, amend and impose additional conditions in the maintenance agreement at the time of its final execution. The maintenance charges shall become applicable/payable after thirty days from the date of issue of notice of possession, irrespective of whether physical possession has been taken or not. The Applicants shall pay and clear all dues at the time of offer of possession. That an interest free maintenance security deposit @ Rs. Twenty five only per sq ft. of the super area and Sinking Fund @ Rs. Ten only per sq. ft of the super area, shall be paid by the Applicant in advance to the Company before possession. Further, the general monthly maintenance charges @ Rs. One and paise Twenty five only per sq. ft. on Super Area shall be payable by the Applicant to the Company/Maintenance Agency. The maintenance charges have been fixed in the context of the prices prevailing as on 01.01.2011 and the same shall be enhanced @ 15% every year thereafter. The maintenance of the Complex may be handed over to a legally constituted association of apartment owners at any time after the receipt of written request in this regard from all Applicant(s) of the complex. 24. If the applicant fails to execute the sub-lease deed within six months from the date of dispatch of offer of possession for execution of sub lease deed failing which the company shall have discretion to treat this application as cancelled and on such cancellation, the earnest money (hereinafter defined) alongwith non-refundable amounts (hereinafter defined), which is paid by the applicant shall stand forfeited. The applicant understand if for any reasons, the company is not in a position to finally allot the said apartment by the date of completion, the company shall refund the amounts deposited by applicant with simple interest at the rate of 11% per annum calculated for the period such amounts have been lying with the company for which the applicant will give notice to the company , as per above. The company shall refund such amounts upon realization of money from resale of the said apartment or six months from the date of cancellation, whichever is earlier The applicant understands that the company has no other liability of any kind except to refund this amount.

25. The applicant(s) shall be liable to pay all fees, duties, expenses, costs etc., including but not limited to stamp duty, registration charges, transfer duty and all other incidental and legal expenses for the execution and registration of the allotment letter/conveyance deed of the Said Apartment, as and when demanded by the Company, within the stipulated period as mentioned in the demand letter, the Company shall have the right to cancel the allotment of the Said Apartment and forfeit the Earnest Money and Non Refundable Amount and refund the balance amount, if any, to the applicant(s), without any interest, upon realization of money from resale/re-allotment to any other party or six months from the date of cancellation whichever is earlier but without any interest or compensation of whatsoever nature, provided that the applicant(s) is not in breach of any terms of this Application/Allotment letter.

26. The Applicant agrees that the Company shall be entitled to forfeit the Earnest Money along with the Non Refundable amount in case of non fulfillment/breach of the terms and conditions of the Application and the Agreement including withdrawal of the Application and also in the event of the failure by the Applicant to sign and execute with the Company the sub-lease deed with in 30 days from the dispatch of information by the Company. Thereafter the Applicant shall be left with no lien, right, title, interest or any claim of whatsoever nature in the Said Apartment. The Company shall thereafter be free to resale and/or deal with the Said Apartment in any manner whatsoever. The amount(s), if any paid over and above the Earnest Money and any amount paid to the financing bodies and any Non Refundable Amounts would be refunded to the Applicant by the Company only after realizing such amounts from resale of the Said Apartment but without any interest or compensation of whatsoever nature. The Company shall at all times have the first lien and charge on the Said Apartment for all its dues payable by the Applicant to the Company. If the amount deposited/paid by the Applicant is less than the Earnest Money and the Non Refundable Amounts then the Applicant agrees and undertakes to make the payment of the difference forthwith at the first written request from the Company.

27. Without prejudice to the Company's aforesaid rights, the Company may at its sole discretion waive the breach by the Applicant in not making payments within the stipulated time by the Applicant on the condition that the Applicant shall pay to the Company simple interest which shall be charged for all delayed periods after the due date @11% per annum or such other rate of interest as decided by the Company, which shall not be condonable for delay in payment/installment beyond 30 days. The acceptance of due amounts , even with interest as aforesaid, shall be at the sole dicretion of the Company. The company shall be under no compulsion to accept delayed payments even with interest.

28. The Company may, at its sole discretion and subject to applicable laws, NOC's from financial institutions, if any, and notifications or any Government directions as may be in force, permit the Applicant to get the name of his/her nominee substituted in his/her place subject to such terms and conditions and charges as the Company may impose. The Applicant shall be solely responsible and liable for all legal, monetary or any other consequences that may arise from such nominations. It is specifically made clear to the Applicant that as understood by the Company at present there are no executive instructions of the competent authority to restrict any nomination/transfer/ assignment of apartment. However, in the event of any imposition of such executive instructions at any time after the date of this Application to restrict nomination/transfer/ assignment of the apartment by any authority, the Company will have to comply with the same and the Applicant has specifically noted the same.

29. The Applicant agrees that in case the Applicant opts for a loan arrangement with any financial institutions/banks of his choice, for the purchase of the Said Apartment, the conveyance of the Said Apartment in favour of the Applicant shall be executed only upon the Company receiving "No Objection Certificate" from such financial institutions/banks.

30. The Applicant agrees that in case the Applicant is an NRI or non-resident/foreign national of Indian origin/foreign nationals/foreign companies then all remittances, acquisition/transfer of the Said Apartment, any refund, transfer of security etc., 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 and it shall be the sole responsibility of non-resident/foreign national of Indian origin/foreign nationals/foreign companies to abide by the same. The Company accepts no responsibility in this regard.

31. The Applicant agrees to inform the Company in writing, by registered post only, any change in the mailing address mentioned in this Application, failing which all letters by the Company shall be mailed to the address given in this Application and deemed to have been received by the Applicant. In case of joint applicants communication sent to first name Applicant in this Application shall be deemed to have been sent to all applicants. All e-mails/fax sent by the applicant to the Company on any matter, so as to binding on the Company are required to be confirmed by a duly signed hard copy separately.

32. The Applicant hereby covenants with the company to pay from time to time and at all times, the amounts which the Applicant is liable to pay as agreed and to observe and perform all the covenants and conditions of booking and sale and to keep the Company and its agents and representatives, estate and effects, indemnified and harmless against all payments and observance and performance of the said covenants and conditions and also against any loss or damages that the Company may suffer as a result of non-payment, non-observance or non-performance of the said covenants and conditions by the Applicant.

33. The Applicant before making full payment and execution of sub-lease deed cannot assign his rights, titles and interest in the flat without the prior written consent of the Company. The Company at its sole discretion, only upon the expiry of fifteen months from the date of booking may however allow transfer of the allotment before execution of sub-lease deed on payment of a transfer fee of four per cent of the total sale price, as prevailing at the time of desired transfer and consented to by the Company. The Company shall always have a first right to buy back the said apartment at the declared sale value. The sale consideration and the terms and conditions for the above said transfer between the transferor, (to whom the Company had allotted), and the transferee shall be settled mutually between them. The Company shall act as a facilitator, not having been financially benefitted and as such not liable for any consequences of such transfer

34. The Company is not required to send reminders/notices to the Applicant in respect of the obligations of the Applicant as set out in this Application and/or the Agreement and the Applicant is required to comply with all its obligations on it own.

35. The Applicant understands that the final allotment of the Said Apartment is entirely at the discretion of the Company.

36. The Applicant understands that this Application is purely on tentative basis and the Company may at its sole discretion decide not to allot any or all the apartments in the Said Complex/Said Building to anybody or altogether decide to put at abeyance the project itself, for which the Applicant shall only have right to claim the refund of the amount paid by him/her without any interest or compensation whatsoever, provided that the Applicant is not in breach of any terms of the application/agreement.


37. The Applicant agrees that the Company shall have the right to transfer ownership of the Said Complex in whole or in parts to any other entity such as any partnership firm, body corporate(s) whether incorporated or not, association or agency by way of sale/disposal/or any other arrangement as may be decided by the Company without any intimation, written or otherwise to the Applicant and the Applicant shall not raise any objection in this regard whatsoever individually or collectively.

38. The Applicant agrees that, in the event of any dispute or differences arising out of or touching upon or in relation to the terms of this Application including the interpretation and validity of the terms thereof and the respective rights and obligations of the Applicant and the Company, shall be resolved through arbitration which shall be the mode of resolution of disputes , as aforesaid. under the Arbitration and

Conciliation Act, 1996 or any other statutory amendments, modifications, for the time being in force. The arbitration proceedings shall be

conducted by a sole Arbitrator. For the appointment of the sole arbitrator, the Company shall identify three retired High Court Judges of the

Hon'ble High Court of Delhi and intimate in writing to the Applicant, the names of retired High Court Judges , so identified . The Applicant/s

shall within 30 days from the receipt of such written intimation, nominate in writing to the Company , anyone of such retired High Court Judges

to be appointed , as the sole Arbitrator. Upon receiving the written intimation from the Applicant as stated hereinbefore, the company shall

appoint the sole arbitrator to adjudicate upon the dispute between the parties. In the event , the Applicant fails to nominate in writing as

aforesaid , within 30 days from the receipt of written intimation from the Company , then the Company shall have the sole right to nominate

and appoint, from within the three names nominated, a sole arbitrator to adjudicate upon the disputes between the parties. The Applicant

expressly acknowledges, accepts and agrees that it shall not be entitled to reject the names identified by the Company and rejection if any, by

the Applicant of the names, so identified by the Company, shall be deemed to be failure of the Applicant to nominate. The Applicant further

acknowledges, accepts and agrees that he/she shall not have any objection to the appointment of the sole arbitrator made by the Company.

The arbitration proceedings shall be held at Gautam Budh Nagar only.

39. This agreement shall be governed by and constructed in accordance with the laws of India.

40. That no objection in form 37(I) under section 269 UC of the Income Tax act, if required. For acquisition of the apartment herein shall be

obtained jointly by the parties herein. However the Company shall render all possible assistance in procuring the said NO OBJECTION.

41. In case of joint application the Company may, at its discretion, without any claim from any person deem correspondence with any one of the

joint applicant(s) sufficient for its record.

42. That the Hon'ble High Court of Allahabad and courts subordinate to it at Gautam Budh Nagar and state consumer forum only at Lucknow, shall

have the jurisdiction in all matters arising out or touching and/or concerning this booking.

The Applicant has fully read and understood the above mentioned terms and conditions and agrees to abide by the same.

All the above said terms and conditions are as per prevailing rules/orders as on the date of launch of the project on or about 01.09.2010. Any

subsequent order or rule shall not affect any of the content as agreed upon herein above.

Date____________________ Signature of the First Applicant

Place____________________

Signature of the Second Applicant

Disclosure

M/s Mahagun India Pvt. Ltd., a company under the Companies Act 1956 having its registered office at B-66(First Floor),Vivek Vihar, Delhi and Corporate Office at Off. No.44, 4th Floor, Tower-B, Corenthum, Sec - 62, Noida, U.P., Uttar Pradesh herein after referred to as "Company" which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns, hereby making full and true disclosure in writing in compliance of Section 4 of the Uttar Pradesh Apartment(Promotion Of Construction, Ownership & Maintenance) Act, 2010 in respect of its Group Housing Residential Complex "Mahagun MyWoods" Plot No.GH04,Sector 16C, Greater Noida(West), Uttar Pradesh hereinafter called the project. I In pursuance of a successful bid for the allotment of land in Greater Noida, the Company was allotted 246837 sq.mtrs. of land by Greater

Noida Authority (A Body Corporate Constituted under U.P. Industrial Development Area Act, 1976), on leasehold basis under a scheme for development of Group Housing, The allotment (of the Plot No.-GH-04, Sector-16C, Greater Noida West), was made to the company by Greater Noida Development Authority, vide its allotment letter No: PROP/BRS-03/2010/1735, dated 19th August, 2010.

The area of the plot was subsequently revised by Greater Noida Industrial Development Authority to 249907 sq mtrs, out of which physical possession of an area of 241570 sq.mtrs. was handed over to the company by Greater Noida Development Authority (GNIDA) on 25-11-2010 after executing the lease deed dated 25-11-2010, which was registered with Sub-Registrar, Greater Noida on 25-11-2010 vide A.D. Book No.-1, Volume No. 7591 from pages 187 to 222 and bearing document No.:23759.

The company started development of a residential group housing project under the name and style of 'Mahagun Mywoods', the plans for development of which were sanctioned by GNIDA vide sanction letter No- PLG/(BP)BP-2572/GH/OPA-2208 Dated 09th March 2011.

After commencement of construction on the project a writ petition challenging the acquisition of the land by the Greater Noida Authority, was filed by Mr. Devender Kumar & others against the Greater Noida Authority in the Allahabad High Court.

As per the orders of the Hon'ble High Court of Allahabad (in WP No: 500/2010 titled as Devender Kumar & others v/s State of U.P. & others, dated 12-05-2011), acquisition of a portion of land., in Village- Shahberi, which was a part of the land leased to us as per the above said lease deed, was set aside by the Hon'ble High court, leaving the balance area of 129400 sq mtrs only on which the development work continues to be in progress as per the plans already approved by the GNIDA. The portion of balance land thus left with us was communicated to us by GNIDA vide its letter dated 25.06.2013.

The Greater Noida Development Authority vide its letter dated 10-06-2011 has confirmed that the balance land available with the company for development, did not fall within the precincts of the Village- Shahberi, and as such was unaffected by the above said orders.

Another bunch of Writ Petitions, challenging the acquisition and allotment of land was lodged by certain affected parties with the Hon'ble High Court (in WP No: 37433/2011 dated 21st October, 2011 titled as Gajraj & others v/s State of U.P. & others).

Upon adjudication of these petitions by the Hon'ble High Court, various directions came to be passed amongst them, which in effect upheld the acquisition of the land (other than that falling within Shahberi village), but simultaneously directed the respondents not to carry on development in accordance with the Master Plan 2021, until the observations and directions of the National Capital Regional Planning Board were incorporated in the Master Plan 2021, to the satisfaction of the National Capital Regional Planning Board.

The final clearance in this respect was received by the company on 08th October, 2012 vide letter no: GRENO/BUILDERS/2012/449 ,and it was directed by the GNIDA to resume development, which has since been complied with, in compliance with the statutory compliances in accordance with Master Plan 2021.

As per the letter bearing no: GNIDA /Builders/2014 dated 04th February, 2014, the Company has been informed that as per the revised lease plan , subsequent to the deduction of the land admeasuring 104169.00 sq. mts., falling within Village Shahberi in terms of the orders of the Hon'ble Supreme Court, as aforesaid, the Company is now left with balance portion of land admeasuring 145737.80 sq. mts.

ii. The Plot is on lease from Greater Noida for 90 Years. There is no encumbrance or charge /lien on the land or building to be constructed. The right, title, interest and all claims vest with the company till it is transferred in favour of Intending Purchase(s) by registered deed.

(a) The Company Intends to sell a finished /semi finished apartment /dwelling to Mr./Mrs. ………………………….S/o W/o D/o Mr. …………………………, R/o …………………….. hereinafter called the "Intending Purchaser" for apartment No …………………………… comprising of …………..bedrooms,……………….toilets , …………………… utility room with toilet ………………… of,……………….. having build-up area of …………..sq.ft., impartible common area constituting ……….sq.ft. making for …………sq.ft. for the super area.


(b) The details of built-up area forming part of the apartment are:- carpet area of the flat /apartment, area under walls, half area of partition walls, full area of balconies, cupboards projections, full areas of the terrace, if any on the same floor, attached exclusively with the apartment, and other projections. (c) The details of common areas forming part of the apartment and being inclusive of its basic price are:- All facilities to be used by the apartment owners, such as corridors, terraces, staircases, staircase shafts , lifts, lifts lobbies, shafts machine rooms, all service shafts , fire escapes , all underground and overhead tanks , electric sub stations , control panel rooms , installation areas of transformers and DG Sets, guardrooms, guard towers, entrances and exit of the complex , water supply treatment plants , pump-houses, sewerage system and STP, EPABX system, common toilets, rain water harvesting, entrance lobby/ies if any, roads, common lawns and other common recreational/infrastructural facilities etc. for the Dwelling Unit(s) to be used jointly by all the Applicant(s). (d) The super area comprises of built -up areas as defined hereinabove and pro-rata interest in the common areas and facilities as described hereinabove . (e) Limited common areas and facilities/independent areas for the use of designated apartments/flats to the exclusion of other apartments are:- All Areas which have been declared but not included as common areas for joint use of apartment Applicants and can be sold by the promoter without the interference of apartment Applicants, individually or collectively, such as open parkings and spaces appurtenant thereto with required approaches, covered parkings both in stilts and basements and spaces appurtenant thereto ,with required ramps and approaches, all basements and stilt areas with required approaches, other than those sold as parkings / stores and commercial / shopping plazas, schools , medical facilities, if any , and all other built up areas , not covered in the calculation of super area , shall be treated as limited common areas and facilities / independent areas. The Nature of fixtures, fittings which have been proposed to be provided are as detailed in the Specification Sheet .

iii. The details of the design /specification of works/standard of material proposed to be used in construction of the building, together with the details of all structural, architectural drawings, layout plans, no objection certificate from fire Department, external and internal services plan of electricity, sewage, drainage and water supply water supply system etc. would be made available to the legally constituted association of the Applicant(s);

iv. The Intending Purchaser in addition to total price shall be liable to pay all taxes /fees/levies/cess, which shall be charged and paid as follows:-

(a) Sum equivalent to the proportionate share of taxes shall be paid by the by the Intending Purchaser to the Company. The Proportionate share shall be the ratio of the super area as charged to the said apartment to the total super area of all the apartment(s),other building(s),shop(s), etc. in the said complex.

(b) To pay all government rates, tax on land, municipal tax, properties taxes, wealth tax, fees or levies of all and any kind by whatever name called, whether recoverable in present or future by government, municipal authority or any other government authority on the said complex/building/apartment for the land appurtenant to it as a case may be, as assessable or applicable from the date of application. The Intending Purchaser shall be liable to pay all the levies/fees on pro-rata basis as determined by the company and the determination of the share and demand shall be final and binding on the Intending Purchaser till the said apartment is assessed separately. That any additional taxes, levies, rates, charges, cess, trade tax, compensation or fees etc. as assessed and attributable to the Company as a consequence of government, statutory or other local authority order, the Intending Purchaser will be liable to pay his/her their share of such additional levies.

v. Subject to other terms of this Application and the Allotment letter, including but not limited to clause 18 and timely payment of the Total Price and other Amount(s), charges and dues as mentioned in the Application/Allotment letter without any default, the Company shall endeavour to complete the construction of the Said Apartment on or before 31st December’ 2017, subject to Force Majeure circumstances. The company may at any time on or before the date of completion as mentioned above may offer the possession to the applicant and the applicant shall be bound to take the possession of the Said Apartment by completing the requisite formalities without any failure. However, in case of its failure to handover the possession on or before 31st December’ 2017, the Company would pay the applicant, penalty at the rate of Rs.5/- per sq. ft./month which represents the current rental value of a similar apartment/unit, as prevailing in the area, in which the project is being executed or in the area/s contiguous to the location of the said project, for the delay attributable to the inability of the Company in handing over the Said Apartment beyond the aforesaid date.

That any delay on account of the authority for issuance of the completion certificate shall not be considered as any delay on account of the company. The date of applying the certificate shall be presumed as the date of completion, the company shall not be liable for the penalty for delay in possession after the said date i.e. any claim for completion or delay in possession will be confined upto the date of applying for the completion certificate only.

Similarly, the Applicant would also be liable to pay holding charges @` Rs.5/- (Rupees five only) per sq. ft. per month if the Applicant fails to take the possession within 45 days from the date of issuance of the offer of possession to the applicant. Both parties agrees and confirm to the rate of Rs.5/- per sq ft per month as a just and equitable estimate of the damages that the Applicant/Company may suffer and the Applicant agrees that it shall have no other rights/claims whatsoever, provided the Applicant is not in breach of any of the terms of this Application. The adjustment of such compensation shall be made only at the time of execution of conveyance deed.

vi. If the construction is delayed due to force majeure circumstances including non-availability of building material, slowdown strike, dispute with construction agency, delay in certain clearances, completion certificate from statutory bodies or if non- delivery thereof is as a result of any notice, order, rules or notification of the government and or other public or competent authority or for any reason beyond the control of the Company and in any of the aforesaid events the Company shall be entitled to a reasonable corresponding extension of time for delivery of the apartment. The Company reserves its right to suspend the scheme for such period as it may consider essential and in that event the Intending Purchaser(s) shall not be entitled to claim compensation of any nature whatsoever for the period of delay /suspension of the scheme in consequence of the company abandoning the scheme, the Company's liabilities shall be limited to the refund of the amount paid by the Intending Purchaser alongwith simple interest @ 11% p.a. for the periods the deposited amounts had remained with the Company . No other damages or compensation whatsoever shall be payable.

vii. That time is the essence in respect of all payments to be paid by the Applicant including the total price and all other amounts, charges, dues as mentioned in this application/agreement. No separate demand letter for payment of installments on the due dates will be issued. It will be obligatory on the part of the Applicant(s) to make the payment on or before the due dates. Delay in payment of installments shall result in:-

(a) The Company shall forfeit the earnest money along with non-refundable amount in case of non-fulfillment /breach of the terms and conditions of the application and the agreement. In the event of failure of Intending Purchaser to sign and execute with the Company the sub- lease deed/lease deed by the date of completion of the project by the Company. Upon which the Intending Purchaser shall have no lien, right title interest or any claim for whatsoever nature in the said apartment. The Company has first lien and charge on the apartment for its dues payable by Intending Purchaser.

(b) If Intending Purchaser desires for cancellation of the allotment it may be agreed subject to forfeiting 10% of the total price and payments made to financing bodies for loans of the apartment.

(c) The remaining balance amount if any shall be refunded without any interest subject to realizing such amounts from the sale of the said apartment.

viii.The Intending Purchaser has signed this disclosure in acknowledgement, and after due diligence reading , understanding and being providedwith all information and clarification as sought. After due diligence , reading and understanding this disclosure the Intending Purchaser has applied for the apartment. The Intending Purchaser is fully aware of limitation(s),restriction(s) and obligation(s) of the Company in relation toand in connection with the development/construction of the apartment and confirms that no further inquiry in this regard is required.

Witness :-

For Mahagun India Pvt Ltd Signature Of the First Applicant ……………………1.

Intending Purchaser(s) Signature Of the Second Applicant …………………2.


CUSTOMER'S REQUEST

To,

The Director

Mahagun India Pvt. Ltd.

Office No- 44, 4th floor, Tower-B

The Correnthum, Sector-62, Noida- 201309 {U.P.}

Sub: Application for Booking of Flat No ..............................Tower................................................. in Mahagun Mywoods.

Sir,

I wish to inform that I have applied for booking the above said flat in your project Mahagun Mywoods The said request for the booking has been

made through M/S.................................................................................................................................................... (Name of Agent) having its office at

.........................................................................The above said booking agent has explained to me the terms and conditions of sale in all respects and

I agree to abide by the same. I have further remitted an amount of Rs. ................................ by way of an account payee cheque no:

...................................dated ....................................drawn on ....................................Branch ......................................................... in your favour

towards the said request for booking.

Thanking you,

(Name of customer) Agent's Confirmation & Signature

4741010 Fax : +91 120 4890098/99Plot No. GH-04, Sector-16C, Greater Noida (West)

Corporate Office : Off. No. 44, 4th Floor, Tower-B, Corenthum, Sector-62, Noida, U.P. - 201309

bb mywoods phase - i 11.01.17 - mahagun...

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