AGREEMENT FOR SALE PERFORMA FOR DDJAY, ONE CITY, ROHTAK

AGREEMENT FOR SALE PERFORMA FOR DDJAY, ONE CITY, ROHTAK

Stamp Duty –

Booking Amount –

 

This Agreement for Sale (“Agreement”) executed on this <<Date >>.

 

By and Between

 

One Point Realty Pvt Ltd (CIN No. U70101DL2005PTC137209), a Promoter incorporated under the provisions of the Companies Act, [1956 or 2013, as the case may be], having its registered office at 8-D, Hansalaya, 15, Barakhamba Road, New Delhi – 110001 (PAN – AAACO7529B), represented by its authorized signatory <<Name of authorised Signatory>>authorized vide board resolution dated <<Resolution Date>> hereinafter referred to as the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, and permitted assigns).

 

AND

 

<<Name>>, (Aadhar no. -) W/o or S/o <<Relative Name>>, aged about <<Age>> years, residing at <<Address>> (PAN ), hereinafter called the “Allottee” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators, successors-in-interest and permitted assigns).

 

The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and individually as a “Party”.

 

DEFINITIONS:

For the purpose of this Agreement for Sale, unless the context otherwise requires –

(a)   “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(b)   “Government” means the Government of the State of Haryana;

(c)   “Rules” means the Real Estate (Regulation and Development) “Regulations” means the Regulations made under the Real Estate (Regulation and Development Act, 2016;

(d)   “Section” means a section of the Act.

 

WHEREAS:

  1. Doon Height Developers Pvt Ltd (“Owner”) is the absolute and lawful owner of Khasra No 13247/6604, 13248/6604M, 6628, 6630/2, 6607, 15843/6608, 6614 & 6615 totally admeasuring 13721.42 Sq Mtr (3.390625 Acres) situated at Rohtak in Tehsil & District Rohtak (“Said Land”) vide sale deed(s) dated 10.10.2008 registered as documents no. 6239 respectively at the office of the Sub-Registrar. The Owner and the Promoter have entered into a collaboration agreement dated 20.01.2012 registered as document no. 10730 at the office of the Sub-Registrar;
  2. G H Foods Pvt Ltd (“Owner”) is the absolute and lawful owner of Khasra No 6605 & 6606 totally admeasuring 3667.48 Sq Mtr (0.90625 Acres) situated at Rohtak in Tehsil & District Rohtak (“Said Land”) vide sale deed(s) dated 07.08.2008 registered as documents no. 4297 respectively at the office of the Sub-Registrar. The Owner and the Promoter have entered into a collaboration agreement dated 20.01.2012 registered as document no. 10727 at the office of the Sub-Registrar;
  3. Rajeev Kishorilal Patodia (“Owner”) is the absolute and law full owner of Khasra No 13281/6612, 15847/13280/6612 & 6613 totally admeasuring 3414.55 Sq Mtr (0.84375 Acres) situated at Rohtak in Tehsil & District Rohtak (“ Said Land”) vide sale deed(s) dated 3.10.2008, registered as documents no. 5976 respectively at the office of the Sub-Registrar. The Owner and the Promoter have entered into a collaboration agreement dated 20.01.2012 registered as document no. 10704 at the office of the Sub-Registrar;
  4. One Point Realty Pvt Ltd (“Owner”) is the absolute and law full owner of Khasra No 6629 & 6630/1 totally admeasuring 3541.01 Sq Mtr (0.875 Acres) situated at Rohtak in Tehsil & District Rohtak (“Said Land”) vide sale deed(s) dated 17.07.2012 registered as documents no. 3261 respectively at the office of the Sub-Registrar.
  5. Spice One Builders Pvt Ltd (“Owner”) is the absolute and law full owner of Khasra No 6631, 6658, 6634, 6635, 6637 & 6670 totally admeasuring 6342.20 Sq Mtr (1.5671875 Acres) situated at Rohtak in Tehsil & District Rohtak (“Said Land”) vide sale deed(s) dated 12.08.2005 registered as documents no. 5356 respectively at the office of the Sub-Registrar. The Owner and the Promoter have entered into a collaboration agreement dated 20.01.2012 registered as document no. 10740 at the office of the Sub-Registrar;
  6. Sunil Kumar Jain & Anika (“Owner”) is the absolute and law full owner of Khasra No 6638, 12987/6639, 12989/6640, 12992/6643, 12991/6641, 13261/6642, 13262/6642, 13263/6642, 13264/6642, 13265/6642, 12994/6643, 12997/6644, 13268/12995/6644, 13266/12996/6644, 13267/12995/6644, 13269/12995/6644, 13270/12998/6645 & 13271/12998/6645 totally admeasuring 11761.22 Sq Mtr (2.90625 Acres) situated at Rohtak in Tehsil & District Rohtak (“Said Land”) vide sale deed(s) dated 11.08.2005 & 12.08.2005 registered as documents no.5320, 5344, 5359, 5358 & 5885 respectively at the office of the Sub-Registrar. The Owner and the Promoter have entered into a collaboration agreement dated 20.01.2012 registered as document no. 10726 & 10827 respectively at the office of the Sub-Registrar;
  7. The Said Land is earmarked for the purpose of plotted development of a residential plotted colony, comprising plots, institutional land and Commercial and the said project shall be known as ‘One City’ (“Project”)

Provided that where land is earmarked for any institutional development the same shall be used for those purposes only and no commercial/residential development shall be permitted unless it is a part of the plan approved by the competent authority;

  1. The Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the Said Land on which Project is to be constructed have been completed;
  2. The Director Town and Country Planning, Haryana has granted the License to develop the Project vide License No 32 of 2017 dated 15.06.2017.
  3. The Promoter has obtained the final layout plan approvals for the Project from Director Town and Country Planning, Haryana.
  4. The Promoter agrees and undertakes that it shall not make any changes to these approved plans except in strict compliance with section 14 of the Act and other laws as applicable;
  5. The Promoter has registered the Project under the provisions of the Act with the Haryana Real   Estate   Regulatory   Authority vide Regd. No. 59 of 2017 dated 18.08.2017.
  6. The Allottee had applied for a plot no. <<Unit No>> having area admeasuring <<Area Sqm>> square Mtr (<<Area sqyd>> sq. yards approx.) at the total price of Rs. <<AMOUNT>>/- at the rate Rs. <<Rate SQM>>/- sq. Mtr (Rs.<<Rate SQYD>>/- sq. yards approx.)  in  the  Project vide  application  dated <<Booking Date>> and the same  has been allotted.
  7. The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein;
  8. The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc., applicable to the Project;
  9. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter;
  10. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Plot.

 

NOW THEREFORE, in consideration of the mutual representations, covenants, assurances, promises and agreements contained herein and other good and valuable consideration, the Parties agree as follows:

 

1.TERMS:

  1. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the Plot as specified in para M.
  2. The Price of plot is <<TOTAL AMT>>/-(<<TOTAL AMT IN WORDS>> only) which is to be paid on or before sale deed as per payment plan annexed in Schedule A.
  3. Other charges including Maintenance Charges, Electric Connection Charges, Sewer Connection Charges, Water Connection Charges to be paid as and when due and demanded by the promoter.

 

Plot No. <<Unit No>> Price (per sq yds) Total Price
Plot price Rs. <<TOTAL RATE>>/- Rs. <<TOTAL AMT>>/-
External Electrification, Sewer Connection and Water Connection Charges Rs. <<EEC>>/- Rs. <<EEC AMOUNT>>/-
IFMS (Interest Free Maintenance Security) —- Rs. <<IFMS>>/-

 

Explanation:

(i)       The Total Price above includes the booking amount paid by the allottee to the Promoter towards the Plot;

(ii)      The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of GST, Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of offer of handing over the possession of the plot to the allottee:

Provided that in case there is any change / modification or a new imposition of the taxes, levies, government dues, fees, cess etc the subsequent to the date of allotment; amount payable by the allottee to the promoter shall be increased/modified/ reduced based on such change / modification. Property tax, house tax or any other tax of such nature shall be payable by the Allottee from the date of booking of the plot;

Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;

(iii)     The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within the time and in the manner specified therein. In case of any demand raised by the Promoter, regarding any change, addition, modification, or imposition of new taxes,  levies, government dues, fees, cess etc subsequent to the date of allotment, the Promoter shall provide to the Allottee the details of the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective in case of any;

(iv)     The Total Price of Plot includes recovery of price of land, construction of the Common Areas, internal development charges, external development charges, taxes. Other charges regarding cost of providing electrical connectivity to the plot, water line, sewer connection charge etc shall be paid as and when demanded by the  Promoter and maintenance charges shall be payable annually as per para 11.

 

  1. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/ order/ rule/ regulation to that effect along with the demand letter being issued to the Allottee. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
  2. The Allottee(s) shall make the payment as per the payment plan set out in Schedule A (“Payment Plan”).
  3. The Allottee(s) shall make payment of property tax from the date of offer of possession letter sent by Promoter to the allottee.
  4. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and and amenities (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the plot, without the previous written consent of the Allottee as per the provisions of the Act.
  5. Subject to para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Plot as mentioned below:

(i)         The Allottee shall have exclusive ownership of the Plot;

(ii)     The Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the promoter shall hand over the common areas to the competent authority after duly obtaining the completion/part-completion certificate from the competent authority as provided in the Act;

(iii)      That the computation of the price of the Plot includes recovery of price of land, construction of the common areas, internal development charges, external development charges, taxes, cost of providing electrical connectivity to the plot, water line etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Plot and the Project; and maintenance charges shall be payable annually as per para 11.

(iv)     The Allottee has the right to visit the project site to assess the extent of development of the project and his plot.

  1. The Promoter agrees to pay all outgoings before transferring the physical possession of the Plot to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the plot to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person.
  2. In case of any acquisition or requisition taking over of the area by the Government Authority in which the Unit is located hereafter, the same shall wholly be at the cost and risk of the Allottee(s). The Allottee(s) shall however be entitled to claim, without interest, proportionate share of compensation received by the Promoter from the Government Authority in lieu of such acquisition or requisition after adjusting all balance payments and liabilities. Save as aforesaid, the Allottee(s) shall have no other right or claim against the Promoter.
  3. The Allottee(s) agrees that, he has satisfied himself about the Promoter/ interest and title of the said Land. If, however, for any reason, whatsoever the License to establish Township, or any part of it granted to the Promoter hereinabove mentioned is/are cancelled by any Authority, then the Promoter shall be entitled to challenge its validity and efficacy before the Appropriate Courts, Tribunal and/or Authorities, and in such an event, during pendency of the proceedings and until their final determination by the highest court or Tribunal or Authority, the money(ies) paid by the Allottee(s) of this Agreement shall continue to remain with the Promoter, and the Allottee(s) shall not claim specific performance of the terms of this Agreement and this Agreement shall remain in abeyance until the cancellation order becomes final.
  4. The Allottee has paid a sum of Rs. <<Amount Paid>>/- (<<WORDS>> only) vide cheque no. <<Cheque/DD no/RTGS/Cash>> dated <<Dated>> drawn on <<Bank Name>> Bank as booking amount being part payment towards the Total Price of the Plot at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the Plot as prescribed in the Payment Plan [Schedule A] as may be demanded by the Promoter within the time and in the manner specified therein:

Provided that if the allottee delays in payment towards any amount which is payable, he shall be liable to pay interest at the rate prescribed in the Rules.

 

  1. MODE OF PAYMENT:

Subject to the terms of the Agreement and the Promoter abiding by the construction milestones, the Allottee shall make all payments, on written demand by the Promoter, within the stipulated time as mentioned in the Payment Plan [Schedule A] through A/c Payee cheque/ demand draft/ banker’s cheque or online payment (as applicable) in favour of ‘One Point Realty Pvt. Ltd.’ payable at Rohtak.

 

  1. COMPLIANCE OF LAWS RELATING TO REMITTANCES:

3.1   The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the Promoter with such permission, approvals which would enable the Promoter to fulfill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or the statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or any other applicable law. The Allottee understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she may be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time.

3.2   The Promoter accepts no responsibility in regard to matters specified in para 3.1 above. The Allottee shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to the Promoter immediately and comply with necessary formalities if any under the applicable laws. The Promoter shall not be responsible towards any third party making payment/remittances on behalf of any Allottee and such third party shall not have any right in the application/allotment of the said plot applied for herein in any way and the Promoter shall be issuing the payment receipts in favour of the Allottee only.

 

  1. ADJUSTMENT/APPROPRIATION OF PAYMENTS:

The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding of the allottee against the Plot, if any, in his/her name and the Allottee undertakes not to object/ demand/ direct the Promoter to adjust his payments in any manner.

 

  1. TIME IS ESSENCE:
  2. a)            The Promoter shall abide by the time schedule for completing the project as disclosed at the time of registration of the project with the Authority and towards handing over the Plot to the Allottee and the common areas to the competent authority.
  3. b) The Allottee agrees and bounds himself to abide by the time schedule for payment of the Total Price as per the Payment Plan and/or the demands raised by the Promoter time to time, failing which the Allottee shall be held to be in default of this Agreement. The Allottee agrees and acknowledges that timely payment of the Total Price and similarly payment of the respective total prices by all other allottees is the primary condition for the Promoter to complete the development of the Project and handover the Plot to the Allottee. In the absence of timely payments of various allottees, the Promoter cannot be held to be in default for delay under this Agreement.

 

  1. CONSTRUCTION OF THE PROJECT:

The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Plot and accepted the payment plan and the specifications, amenities and facilities which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the bye-laws, FAR and density norms and provisions prescribed by the Haryana Development and Regulation of Urban Areas Act, 1975 and Rules 1976 and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.

 

  1. POSSESSION OF THE PLOT:

7.1   Schedule for possession of the said Plot – The Promoter agrees and understands that timely delivery of possession of the Plot to the allottee is the essence of the Agreement. The Promoter assures to hand over possession of the Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st July 2022, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature (“Force Majeure”) or any restraining or stay order of court or tribunal or any competent authority affecting the regular development of the real estate project. If, however, the completion of the Project is delayed due to the Force Majeure or other above mentioned conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

7.2   Procedure for taking possession – The Promoter, shall offer in writing the possession of the Plot, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of offer of possession letter by Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges along with IFMS & make payment for replacement/sinking fund as determined and demanded by the Promoter after the issuance of the offer of possession letter by Promoter.

7.3   Failure of Allottee to take Possession of Plot – Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall take possession of the Plot from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Plot to the allottee. In case the Allottee fails to take possession within two month, such Allottee shall continue to be liable to pay maintenance charges along with IFMS as specified in para 7.2. The Allottee shall be liable to pay a sum of Rs. 6 per sq mt per month as holding charges, for every month of delay or part thereof.In case of failure to complete construction of the unit within 3 years of offer of possession of the Plot the Allottee shall be charged Rs. 6 per sq mt per month for every month of delay or part there.

7.4   Possession by the Allottee – After obtaining the completion/part-completion certificate and handing over physical possession of the Plot to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas to the competent authority as per the local laws.

7.5   Cancellation by Allottee

(i)      The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit

  1. a) the booking amount paid for the allotment or 10{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} of total sale price , whichever is higher; and
  2. b) taxes and other outgoing charges already paid by the promoter to the concerned authorities and the interest, penalty charges, if any, paid or due by the allottee on account of his default under this agreement.

The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

(ii)      The Allottee(s) shall not be entitled to seek refund of amount deposited against the Unit once demand of installments against the Unit has gone beyond 70{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} or more.

7.6   Compensation

The Promoter shall compensate the Allottee in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force.

Except for occurrence of a Force Majeure event and other conditions mentioned in clause 7.1 above, if the promoter fails to complete or is unable to give possession of the Plot (i) in accordance with the terms of this Agreement, duly completed by the date specified in para 7.1; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the allottees, in case the Allottee wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Plot, with interest at the rate prescribed in the Rules including compensation in the manner as provided under the Act within forty-five days of it becoming due. Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the handing over of the possession of the Plot, which shall be paid by the promoter to the allottee within forty-five days of it becoming due.

 

  1. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:

The Promoter hereby represents and warrants to the Allottee as follows:

(i)        The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;

(ii)     The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;

(iii)    That parts of khasra no 6612, 6636, 6638, 6639, 6640, and 6641 are mortgaged in favour of Director Town & Country Planning, Haryana, Chandigarh.

(iv)      All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Plot and common areas;

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

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

(vii)    The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Plot to the Allottee in the manner contemplated in this Agreement;

(viii)      At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Plot and common areas to the Allottee;

(ix)     The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;

(x)    The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the possession of plot may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee;

(xi)    No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

 

  1. EVENTS OF DEFAULTS AND CONSEQUENCES:

9.1         Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default, in the following events:

(i)      Promoter fails to provide possession of the Plot to the Allottee within the time period specified in para 7.1 or fails to complete the project within the stipulated time disclosed at the time of registration of the project with the Authority.

(ii)    Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder.

9.2       In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following:

(i)   Stop making further payments to Promoter as demanded by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or

(ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the Plot, along with interest at the rate prescribed in the Rules within forty-five days of receiving the termination notice:

Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the promoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Plot, which shall be paid by the promoter to the allottee within forty-five days of it becoming due.

9.3  The Allottee shall be considered under a condition of Default, on the occurrence of the following events:

(i)        In case the Allottee fails to make payments for any demand made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate prescribed in the Rules;

(ii)       In case of Default by Allottee under the condition listed above continues for a period beyond 1 month after notice from the Promoter in this regard, the Promoter may cancel the allotment of the Plot in favour of the Allottee and refund the money paid to him by the allottee after deducting the booking amount paid for the allotment or 10{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} of total sale price , whichever is higher and taxes and other outgoing charges already paid by the promoter to the concerned authorities, the interest liabilities and the interest, penalty charges, if any, paid or due by the allottee on account of his default under this agreement and this Agreement shall thereupon stand terminated. Provided that the promoter shall intimate the allottee about such termination at least thirty days prior to such termination.

 

  1. CONVEYANCE OF THE SAID PLOT:

The Promoter, on receipt of Total Price of the Plot as per para 1.2 under the Agreement from the Allottee, shall execute a conveyance deed and convey the title of the Plot within 3 months to the allottee. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottee authorizes the Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the Promoter is made by the Allottee.

 

  1. MAINTENANCE OF THE SAID PROJECT:
  2. The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the competent authority. The Allottees shall pay such amount of maintenance charges, determined by and, to the promoter or any person appointed by him for such purpose or the maintenance agency, as the case may be, as and when demanded to do so and in the manner required by him. The Allottee(s) shall pay the interest free maintenance security (IFMS) Rs. 10,000/- deposit as and when demanded by the Promoter. The Allottee(s) shall pay external electrification, water and sewer connection charges as and when demanded.
  3. The Buyer agrees to pay contribution to maintain a replacement/sinking fund from the date of offer of possession of the Plot by the Seller. As and when any plant, machinery and equipment installed in the Project require major repairs, replacement, upgradation, additions etc., the cost thereof shall in the first instance be met from out of the said replacement/sinking fund and the pro rata balance, if any required, shall be separately met by the Buyer.

 

  1. DEFECT LIABILITY:

It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

 

  1. RIGHT TO ENTER THE PLOT FOR REPAIRS:

The Promoter shall have rights of unrestricted access of all Common Areas, garages/covered parking and parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter to enter into the Plot or any part thereof, after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.

 

  1. GENERAL COMPLIANCE WITH RESPECT TO THE PLOT:
  2. Subject to provisions of this agreement above, the Allottee shall, after taking possession, be solely responsible to maintain the Plot at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in or to the Plot, or the compound which may be in violation of any laws or rules of any authority or change or alter or make additions to the Plot and keep the Plot, its sewers, drains and pipe thereto or belonging thereto, in good and tenantable repair and maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the Building is not in any way damaged or jeopardized.
  3. The Allottee further undertakes, assures and guarantees that he/she would not put any sign-board / name-plate, neon light, publicity material or advertisement material etc. on the exterior of the Project, buildings therein or Common Areas. Further the Allottee shall not store any hazardous or combustible goods in the Plot or place any heavy material in the common passages.
  4. The Allottee shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter. The Allottee shall be responsible for any loss or damages arising out of breach of any of the aforesaid conditions.
  5. The Promoter shall have the first lien and charge on the said Residential Unit for all due and/or that may hereafter become due and payable by the Allottee(s) to the Promoter, in the event of the Allottee(s) parting with their interest.

 

  1. COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY PARTIES:

The Parties are entering into this Agreement for the allotment of a Plot with the full knowledge of all laws, rules, regulations, notifications applicable to the project.

 

  1. ADDITIONAL CONSTRUCTIONS:

The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act.

 

  1. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE:

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

 

  1. BINDING EFFECT:

Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub-Registrar office, Tehsil Rohtak as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever.

 

  1. ENTIRE AGREEMENT:

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

 

  1. RIGHT TO AMEND:

This Agreement may only be amended through written consent of the Parties.

 

  1. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE/ SUBSEQUENT ALLOTTEES:

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

 

  1. WAIVER NOT A LIMITATION TO ENFORCE:
  2. The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan [Schedule A] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees.
  3. Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

 

  1. SEVERABILITY:

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

 

  1. FURTHER ASSURANCES:

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

 

  1. PLACE OF EXECUTION:

The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in Rohtak after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar at Rohtak. Hence this Agreement shall be deemed to have been executed at Rohtak.

 

  1. NOTICES:

That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post at their respective addresses specified below:

 

Allottee:

Name of Allottee – <<Name>>

Address of Allottee – <<Address>>

Mobile Number – <<Phone>>

Email id –  <<Emailid>>

 

M/s One Point Realty Pvt ltd.

8-D, Hansalya Building, 15, Barakhamba Road, Connaught Place, New Delhi – 110001

 

It shall be the duty of the Allottee and the Promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be.

 

  1. JOINT ALLOTTEES:

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

 

  1. SAVINGS:

Any application letter, allotment letter, agreement, or any other document signed by the allottee, in respect of the plot, as the case may be, prior to the execution and registration of this Agreement for Sale for such plot shall not be construed to limit the rights and interests of the allottee under the Agreement for Sale or under the Act or the rules or the regulations made thereunder.

 

  1. GOVERNING LAW:

That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the Act and the Rules and Regulations made thereunder including other applicable laws of India for the time being in force.

 

  1. DISPUTE RESOLUTION:

All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the arbitrator appointed by the Promoter under Arbitration and conciliation act 1996.

 

IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for Sale at Rohtak in the presence of attesting witness, signing as such on the day first above written.

 

SIGNED AND DELIVERED BY THE WITHIN NAMED:

 

Allottee: (including joint buyers)
(1)          Signature ________________________
<<Name>>, (Aadhar no. – <<Aadhar no.>>)

 

(2)          Signature ________________________
<<Name of Joint Alloottee>>, ((Aadhar no. – <<Aadhar no.>>)

 

 

SIGNED AND DELIVERED BY THE WITHIN NAMED:

 

Promoter:

For One Point Realty Pvt Ltd

Signature(Authorised Signatory)   ________________________
<<Name of authorised person>> (Aadhar no. – <<Aadhar no.>>)

 

At Rohtak on <<Date>> in the presence of:

 

WITNESSES:

 

  1. Signature __________________________ 2.             Signature __________________________

 

Name ______________________________                                Name ______________________________

 

Address ____________________________                                Address ____________________________

 

 

 

 

Schedule A: Payment Plan

 

PAYMENT PLAN

 

PARTICULARS AMOUNT
AT THE TIME OF BOOKING 10{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} of BSP
WITHIN NEXT 30 DAYS 10{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} of BSP
WITHIN NEXT 30 DAYS 10{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} of BSP
WITHIN NEXT 30 DAYS 10{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} of BSP
ON LAYING OF SEWER LINE IN FRONT  OF ALLOTTED PLOT 15{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} OF BSP
ON COMPLETION OF DRAIN WORK IN                                         FRONT OF ALLOTTED PLOT 15{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} OF BSP
ON LAYING OF WATER LINE IN FRONT                                             OF ALLOTTED PLOT 15{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} OF BSP
ON COMPLETION OF ROAD WORK IN FRONT OF ALLOTTED PLOT 10{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} OF BSP
ON OFFER OF POSSESSION 5{1f0d5a6ad26dea8add2001d4fcbfe173049b569bdcec69478300013f51ffff35} OF BSP + IFMS + Other Charges (If Any)

 

*IFMS & Other Charges payable as and when demanded

*Possession will be given only after complete payment and clearing of all dues.