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Application Form

The document is an application form for the allotment of an apartment in 'The Westpark - Phase 1' project by PEGEEN BUILDERS & DEVELOPERS PRIVATE LIMITED, registered under MahaRERA. It outlines the project details, applicant obligations, payment plans, and terms for acceptance or rejection of the application. The document also includes sections for applicant information and pricing details for the apartment being requested.

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0% found this document useful (0 votes)
45 views24 pages

Application Form

The document is an application form for the allotment of an apartment in 'The Westpark - Phase 1' project by PEGEEN BUILDERS & DEVELOPERS PRIVATE LIMITED, registered under MahaRERA. It outlines the project details, applicant obligations, payment plans, and terms for acceptance or rejection of the application. The document also includes sections for applicant information and pricing details for the apartment being requested.

Uploaded by

paras.arora.re
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Mumbai

APPLICATION FORM

Promoter: PEGEEN BUILDERS & DEVELOPERS PRIVATE LIMITED.

The project is registered as “The Westpark – Phase 1” under MahaRERA bearing Registration No. PR1181012500079
and valid upto 30/06/2032. The project details are available on website [Link]
Application for Allotment of an Apartment in the Project named as 'The Westpark
-Phase I” situated, lying and being at Survey Nos. 1/A(part), 308(part), 314(part),
315(part), 317(part), 319(part), 320, 321/1/A/1(part), at Oshiwara, Taluka Andheri,
Mumbai Suburban District
MahaRERA Registration No. PR1181012500079 dated 16/06/2025
([Link]

PEGEEN BUILDERS & DEVELOPERS PRIVATE LIMITED


Having its Registered Office:
1st Floor, DLF Gateway Tower,
R-Block, DLF City, Phase-III,
Gurugram, Haryana- 122002

Dear Sir/ Ma'am,

1. By and under Development Agreement dated 8th August 2024, SAHYOG HOMES
LTD. (“Co-Promoter”) has granted, transferred, assured and assigned unto
PEGEEN BUILDERS & DEVELOPERS PRIVATE LIMITED (“Promoter”)
(hereinafter jointly referred to as the ‘Promoters’) inter-alia development rights to be
utilized on a portion of the Whole Project Land (as defined hereinbelow),
admeasuring 8,756.79 square meters falling in CTS nos. 1A(part), 308 (part), 311
(part), 314, 315 (part), 317 (part), 319 (part), 320, 321/1A (part) (“DA Land”) for the
construction of the free sale buildings and associated common areas, amenities and
infrastructure by utilizing FSI / development potential, as more particularly
mentioned in the said Development Agreement;

2. The Applicant(s) understand(s) that Promoter is developing the proposed


residential project of 4 (four) buildings on the portion of the DA Land bearing C.T.S.
Nos. 1/A(part), 308(part), 314(part), 315(part), 317(part), 319(part), 320,
321/1/A/1(part) admeasuring 7,788.75 sq. mts. i.e. 1.92 acres (“Project Land”),
under the name and style of ‘The Westpark- Phase I’ ("said Project"). The said
Project is part of the Whole Project “The Westpark” comprising of 8 buildings with
common areas and facilities meant for common use and benefits of all the allottees
of the said Whole Project, to be developed over land admeasuring 21,051.55 sq.
mts. i.e. 5.20 acres falling in C.T.S. Nos. 1/A(Part), 45(Part), 304(Part), 305(Part),
306(Part), 307(Part), 308(Part), 309, 310(Part), 311(Part), 313(Part), 314(Part),
315(Part), 316(Part), 317(Part), 318(Part), 319(Part), 321/1/A/1(Part), 294/A(Part),
320 of Village Oshiwara, Taluka Andheri (“Whole Project Land”).

3. The Applicant(s) acknowledges that the said Project is registered under the
provisions of the Real Estate (Regulation and Development) Act, 2016 (“Act”) and
The Maharashtra Real Estate (Regulation and Development) (Registration of Real
Estate Projects, Registration of Real Estate agents, Rates of Interest and
Disclosures on Website) Rules, 2017 (“Rules”) with the Real Estate Regulatory
Authority (“Authority”) at Maharashtra on 16th June 2025 under registration no.
PR1181012500079.

4. The Applicant(s) request(s) the Promoter for allotment of an Apartment having


carpet area admeasuring_____ sq. mtrs. (______square feet) along with balcony
and other exclusive areas admeasuring _______square meters (______square

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

1
feet), having total area of _____ sq. mtr. (________square feet) on
_______________________ floor in the Building “_____” (“Apartment”) with
proportionate price of common areas and facilities (“Common Areas and
Facilities”) along with _____ covered Car Parking Spaces.

5. The Applicant(s) state(s) and confirm(s) that the Promoter has informed the
Applicant(s) of the availability of the Agreement for Sale (“Agreement”) on the
website [Link] The Applicant(s) confirm(s) that the
Applicant(s) has/ have read and understood the Agreement which contains the
detailed terms and conditions as per the Applicable Laws, as defined hereinbelow.
The Applicant(s) further confirm(s) to have fully understood the terms and conditions
of the Agreement and the Applicant(s) is/ are agreeable to perform his/ her/ its/ their
obligations as per the conditions stipulated in the Agreement.

6. The Applicant(s), having understood and agreed the terms and conditions stipulated
in the Agreement, has/ have requested that the Applicant(s) may be allotted the
Apartment in the said Project as per the:

Down Payment Plan Installment Payment Plan

7. The Applicant(s) encloses herewith a sum of Rs. _________________________


(Rupees ________________________________ Only) vide Bank Draft/ Cheque
No. ______________ dated _______________, drawn on _________________
Bank, __________________, Branch, in favour of the Promoter payable at Mumbai,
Maharashtra or through Electronic Transfer in account no. ___________,
maintained with _______________ Bank, in ______________ Branch, bearing
IFSC Code _______, _______________ as advance payment or application fee
(“Application Amount”). The Applicant(s) agree(s) that the aforesaid Application
Amount, which will form a part of the Booking Amount, shall be adjusted towards the
Total Price of the Apartment.

8. The Applicant(s) clearly understand(s) and acknowledge(s) that by submission of


this Application along with Application Amount, he/she/it does not become entitled to
final allotment of the Apartment in the said Project.

Acceptance / Rejection of Application:

8.1 The Promoter reserves all the rights to either accept or reject this
Application, at its sole discretion and without being obliged to
assign/assigning any reason for the same. In the case of rejection of
the Application, the entire amount paid by the Applicant(s) shall be
refunded/returned to the Applicant(s) without any interest, within 45
(forty five) days from such rejection. In the case of and upon full and
due realization of the Application Amount and fulfilment/compliance
of the necessary formalities by the Applicant(s), the Promoter will
consider the Application and communicate in writing to the
Applicant(s), either the acceptance or rejection of this Application,
within 30 (thirty) days from the date of receipt of the Application
Amount and compliance of the formalities.

8.2 In case of acceptance, the Applicant(s) shall be bound by the terms


of the Application Form (including the obligation to make payments

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

2
as per Annexures “A” (Payment Plan) and the terms of the Letter
of Allotment and Agreement for Sale, to be issued and executed
respectively only if the Application is accepted and the Applicant(s)
makes future payments on time and complies with all the other
formalities put forth by the Promoters.

8.3 In the event, the Promoter rejects the Application, for any reason,
other than non-receipt of the Application Amount or other
instalments as per the Payment Plan and/or for any other reason not
directly attributable to the Applicant(s), the Promoter shall inform the
Applicant(s) of the same in writing within the period of 30 (thirty) days
of such rejection. In such case, the amounts paid by the Applicant(s)
to the Promoter upto the date of the rejection shall be refunded
without any interest within a period of 45 (forty five days) days from
the date of such rejection.

8.4 In the event that the Promoter rejects the Application, on account of
the Applicant(s) not abiding the terms and conditions contained in the
Application Form, then this Application shall, without any further
notice, be liable to be rejected and amounts paid towards Application
Amount shall be forfeited.

9. Allotment of Apartment:

In the case and upon the Promoter accepting this Application and upon receipt of
__% of the Total Price, the Promoter shall issue to the Applicant(s), an Allotment
Letter allotting the Apartment to the Applicant/s, on the terms and conditions as
more particularly set out therein. The Applicant(s) agree(s) and undertake(s) to
execute and register the proforma Agreement for Sale in respect of the said
Apartment as per the template uploaded on the RERA website as and when
called upon by the Promoter. The terms and conditions set out in the proforma
Agreement for Sale shall be deemed to be applicable upon its execution and
registration.

10. Execution and Registration of the Agreement for Sale:

(i) Applicant(s) shall execute the Agreement for Sale and appear for registration
of the same before the concerned Sub-Registrar within a period of 30 days from
the date of issuance of Allotment Letter and providing Agreement for Sale for
signature or within such period as may be communicated to the Applicant(s). The
aforesaid period of 30 days may be further extended on mutual understanding;

(ii) If the Applicant(s) fail to execute the Agreement for Sale and/or appear for
registration of the same before the concerned Sub-Registrar within the stipulated
time period as mentioned herein above, the Promoter shall be entitled to serve
upon the Applicant(s) notice calling upon him/her/them to execute the Agreement
for Sale and appear for registration of the same within 15(fifteen) days, which if
not complied with, the Promoter shall be entitled to cancel the allotment letter and
further shall be entitled to forfeit an amount not exceeding 2% of the cost of the

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

3
said Apartment and the balance amount if any, to be refunded to the Applicant(s)
without any interest within 45 days from the date of expiry of the notice period;

(iii) The Application Form and Allotment letter (to be issued) shall not be
construed to limit Promoters’ rights and interests upon execution and registration
of the Agreement for Sale between Promoters’ and the Applicant(s). Post
execution and registration of the Agreement for Sale, the Cancellation of
allotment of the said Apartment, shall be governed by the terms and conditions of
the said Agreement for Sale.

11. The Applicant(s) acknowledge(s) that the Promoters have provided/ made
available all the information and clarifications as required by the Applicant(s) with
respect to the said Project/Whole Project and that the Applicant(s) is/ are fully
satisfied with the same and the Applicant(s) has/ have gone through and fully
acquainted himself/ herself/ itself/ themselves of all the particulars of the said
Project/Whole Project as provided on the website of the Authority established as
per the provisions of the Act and Rules. The Applicant(s) hereby confirm(s) that
he/ she/ it/ they is/ are signing this Application with full knowledge of all the laws,
rules, regulations, notifications, etc., applicable to the said Project. No oral or
written representations or statements shall be considered to be a part of this
Application and that this Application is self-contained and complete in itself in all
respects.

12. Notwithstanding anything contained in this Application, the Applicant(s)


understand(s) that the Application will be considered as valid, enforceable and
proper only on realization of the amount tendered with this Application. The
Promoter reserves its right to accept the Application.

13. The Applicant(s) agree(s) to abide by the terms and conditions annexed to this
Application and the terms as laid down in the Agreement.

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

4
My/ our particulars are given below for your reference and record:

i. SOLE OR FIRST APPLICANT

Title: Mr./ Ms./ Mrs.


Name _________________________________________
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 / Place, where assessed to income tax
_______________
Aadhaar No. ___________________________________
Mailing Address: ___________________________________________________
_________________________________________________________________
_________________________________________________________________
Tel No. __________________ Mobile No. _______________________________
E-mail ID _________________________________________________________

ii. JOINT / SECOND APPLICANT

Title: Mr./ Ms./ Mrs.


Name __________________________________________
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 / Place, where assessed to income tax
_________________________________________________________________

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

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Aadhaar No.______________________________________________________
Mailing Address ___________________________________________________
_________________________________________________________________
_________________________________________________________________
Tel No.: ___________________ Mobile No.: ____________________________
E-mail ID: ________________________________________________________

iii. THIRD APPLICANT

Title: Mr./ Ms./ Mrs.


Name: _________________________________________
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 / Place, where assessed to income tax:
_________________________________________________________________
Aadhaar
No._______________________________________________________
Mailing Address: ___________________________________________________
_________________________________________________________________
_________________________________________________________________
Tel No.: ____________________ Mobile No.: ____________________________
E-mail ID: ________________________________________________________

OR

M/s. _____________________________________________________________
Regd. Office / Corporate Office _______________________________________
_________________________________________________________________
_________________________________________________________________
Authorised Signatory ___________________________ S/o
______________________, working at _________________________________

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

6
Board Resolution dated/Power of Attorney ______________________________
PAN No./TIN No. __________________________________________________
Tel No. _________________ Mobile No. _______________________________
Email ID ___________________ Fax No. _______________________________
(attach a certified true copy of the Board Resolution/Power of Attorney)

iv. DETAILS OF THE APARTMENT

1. Name of the Project _____________________________________________


2. Phase ________________________________________________________
3. Building No./Building Name ________________________________________
4. Floor __________________________________________________________
5. Apartment number ______________________________________________
6. Apartment type ______________________________________________
7. Area of the Apartment
a. RERA Carpet Area : __________sq. ft., ____ [Link].
b. Balcony and other exclusive areas (if any) : ________sq.ft______sq.mtr.

Note: Applicant(s) shall be allotted ____ tandem & ____ non dependable covered car
parking space

v. DETAILS OF PRICING (excluding applicable taxes and Other Charges


payable)
1. Rs.____________________/- (Rupees
__________________________________________ only) to be payable as Total
Price in the manner as set out in the Payment Plan / Cost Sheet as detailed in
Annexure “A” annexed hereto.
2. Further, the details of Other Charges that will be payable are as mentioned in the
Annexure “A” annexed hereto.

vi. TDS details - 1% of the amount to be deducted by the Applicant(s) and paid
directly to the Income Tax department as per section 194-IA of the Income tax or
as applicable from time to time
vii. Promoter’s Pan Number: __________________

Declaration

The Applicant(s) do hereby declare that the above particulars/ information given by the
Applicant(s) are true and correct and nothing has been concealed therefrom.

Date:
Place:
Yours Faithfully
Applicant(s) Signature(s)

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

7
FOR OFFICIAL USE ONLY

Receiving Officer:
Name _____________________________Signature ____________________________
Date _________________

1) Apartment No. ______________________,______ BHK/Type having Carpet


Area _____________________ sq. mtrs. with balcony and other exclusive areas
(if any) of ____ sq. mtrs. i.e. total area of ____ sq. mtrs. on ________ Floor of
the Building “_____”.
2) Payment Plan: Down Payment/ Installment Payment Plan
3) Payment received vide Cheque/ DD/ Pay Order No. __________________ dated
___________________ for Rs. ____________ out of NRE/ NRO/ FC/ SB/ CUR/
CA Acct
__________________________________________________________/via
NEFT/ RTGS/ UPI/__________
[Link].___________________________________________
4) Booking Application Receipt No.___________________ dated_______________
5) Booking Application: Direct _______/ Real Estate Agent ___________________
6) Real Estate Agent:
Name: ___________________________________________________________
Address: _________________________________________________________
_________________________________________________________________
Registration No.: ___________________________________________________
Stamp with Signature: ________________________________________
7) Checklist for Receiving Officer:
a. Part Booking Amount paid along with this Application Form by
Cheque/Draft/E Payment.
b. Customer's signature on all pages of the Application form at places marked
as "X".
c. PAN No. & Copy of PAN Card/ Form 60/ Form 49A.
d. Aadhar Card
e. For Companies: Certified copies of Memorandum & Articles of Association
and board resolution in support of the authorised signatory under common
seal of the Company.
f. For Foreign Nationals of Indian Origin: Foreign Inward Remittance from the
account of the Applicant(s)/ NRE/ FCNR A/c of the Applicant(s)/ IPI 7/
Passport Photocopy.
g. For NRI: Copy of Passport/ Foreign Inward Remittance from the account of
the Applicant(s)/ NRE/ NRO A/c of the Applicant(s).
h. For Partnership/ LLP Firm: Certified copy of Partnership deed and
authorization to purchase.

Place: _______________________
Date: _______________________
Cleared by stock on ________________

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Sole/First Applicant Joint/Second Applicant Third Applicant

8
DEFINITIONS AND INTERPRETATIONS:

In this Application, following words and expressions when capitalized, shall have the
meanings assigned herein. When not capitalized, such words and expressions shall be
attributed to their ordinary meaning. For all intents and purposes and for the purpose of
the terms and conditions set out in this Application, singular means plural and masculine
includes feminine gender.

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

“Applicable Laws” shall mean all applicable laws, by-laws, rules, regulations, orders,
ordinances, protocols, codes, guidelines, policies, notices, directions, judgments,
decrees or other requirements or official directive of State Government or any
Governmental Authority or person acting under the authority of State Government or any
Governmental Authority and/ or of any statutory authority in India.

"Application" means this application for allotment of an Apartment in the Project, filed by
the Applicant(s) to the Promoters;

“Appropriate Government” means the State Government or any Governmental


Authority or person acting under the authority of State Government or any Governmental
Authority and/ or of any statutory authority in India;

"Rules" means The Maharashtra Real Estate (Regulation and Development)


(Registration of Real Estate Projects, Registration of Real Estate agents, Rates of
Interest and Disclosures on Website) Rules, 2017 (as amended from time to time) made
under the Real Estate (Regulation and Development) Act, 2016;

"Regulations" means the Regulations made under the Real Estate (Regulation and
Development) Act, 2016;

TERMS AND CONDITIONS FORMING PART OF THIS APPLICATION FORM FOR


ALLOTMENT OF THE APARTMENT IN "THE WESTPARK” - PHASE -1

The terms and conditions given below are more comprehensively set out in the
Agreement for Sale and upon its execution and registration shall supersede the terms
and conditions set out in this Application.

1. The Applicant(s) confirms that the Applicant(s) has/have examined and


conducted due diligence of all the documents relating to the Project/ Project
Land/ Whole Project Land and further has/have satisfied himself/themselves
about the title/ interest/ rights of the Promoters in the Project/ Project Land/
Whole Project Land.

2. The Applicant(s) acknowledge(s) that the Total Price for the Apartment having
balcony(ies) and other exclusive areas, if any, is Rs. ................... (Rupees
_____________________________ only) which includes proportionate price of
the Common Areas and Facilities appurtenant to the Apartment.

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

9
3. The Applicant(s) shall pay on or before execution of the Agreement for Sale a
sum of Rs. .................. (Rupees................................................ only) (not
exceeding 10% of the Total Price) and hereby agrees to pay to the Promoter the
balance amount of Rs. ............................ (Rupees ......................................) as
per Payment Plan set out in Annexure “A” to this Application.

4. The Total Price above excludes Taxes (consisting of tax paid or payable by the
Promoter by way of GST (Goods and Service Tax), Value Added Tax, Service Tax
and Cess or any other similar taxes, which may be levied, in connection with the
construction of and carrying out the Project and/or with respect to the said
Apartment and/or this Agreement payable by the Promoter) or otherwise up to
the date of handing over the possession of the said Apartment. The Applicant(s)
agrees that all such levies, charges, cess, indirect taxes, assignments of any
nature whatsoever (present or future) in respect of the said Apartment or
otherwise shall be solely and exclusively borne and paid by the Applicant(s). All
direct taxes in respect of profit (if any) earned form the development and sale to
the Applicant(s) of the Apartment shall be borne by the Promoter.

5. The Total Price is escalation-free, save and except escalations/increases, due to


increase on account of development charges/taxes payable to the competent
authority and/or any other increase in charges/ takes or other which may be
levied or imposed by the competent authority Local Bodies/Government from time
to time. The Promoter undertakes and agrees that while raising a demand on the
Applicant(s) for increase in development charges, cost, or levies imposed by the
competent authorities etc., the Promoter shall enclose the said notification/ order/
rule/ regulation published/ issued in that behalf to that effect along with the
demand letter being issued to the Applicant(s), which shall only be applicable on
subsequent payments.

6. The Applicant(s) authorize(s) the Promoter to adjust/appropriate all payments


made by him/her under any head(s) of dues against lawful outstanding, if any, in
his/her name as the Promoter may in its sole discretion deem fit and the
Applicant(s) undertakes not to object/demand/direct the Promoter to adjust
his/her payments in any manner.

7. The Applicant(s) acknowledges that in compliance of the terms and conditions of


this Application Form and the Agreement for Sale as well as the provisions of the
Act and Rules, the Applicant(s) will have the Apartment meant for residential
usage, along with proportionate incidence in the Common Areas and Facilities of
the Whole Project.

8. The Applicant(s) has/ have seen the layout plan, the Apartment plan and
approvals as has been granted by the Competent Authority. The Applicant(s)
has/have also seen the specifications of the Apartment as well as of the Common
Areas and Facilities at the said Project/Whole Project and has / have accepted
the same.

9. The Applicant(s) agrees that the Applicant(s) shall not have any right in any other
Apartments or Parking Spaces constructed/ developed in the Project Land/Whole
Project.

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

10
10. The Applicant(s) agrees and understands that time is of the essence for the
Promoter as well as the Applicant(s). The Promoter shall abide by the time
schedule for completing the said Project and handing over the Apartment to the
Applicant(s) and the Common Areas and Facilities to the Apex Body/ Federation /
Association of the Allottees of the Whole Project after receiving the occupancy
certificate or the completion certificate or both, as the case may be, subject to all
the allottees having paid all the consideration and other sums due and payable to
the Promoter as per the Agreement. Similarly, the Applicant(s) shall make timely
payments of the instalments and other dues payable by him/her and fulfill the
other obligations under the Agreement for Sale, subject to the simultaneous
completion of construction by the Promoter, as provided in the Payment Plan.

The Promoter shall offer possession of the Apartment to the Applicant(s) on or


before the 30th June, 2032. If the Promoter fails or neglects to give possession of
the Apartment to the Applicant(s) on account of reasons beyond its control and of
its agents by the aforesaid date, then the Promoter shall be liable on demand to
refund to the Applicant(s) the amounts already received by it in respect of the
Apartment with interest at the same rate as mentioned in this clause hereinabove
from the date the Promoter received the sum till the date the amounts and
interest thereon is repaid.

Provided that the Promoter shall be entitled to reasonable extension of time for
giving delivery of the Apartment on the aforesaid date, if the completion of the
Building in which the Apartment is to be situated is delayed on account of- (i) war,
civil commotion or act of God (ii) any notice, order, rule, notification of the
Government and/or other public or competent authority/ court.

The Applicant(s) acknowledges that if the Promoters fails to abide by the time
schedule for completing the Project and offer of handing over the Apartment to
the Applicant(s), the Promoters agrees to pay to the Applicant(s), who does not
intend to withdraw from the Project, interest as specified in the Rules, on all the
amounts paid by the Applicant(s), for every month of delay, till the offer of handing
over of the possession. The Applicant(s) agrees to pay to the Promoter, interest
as specified in the said Rules, on all the delayed payment which become due and
payable by the Applicant(s) to the Promoter under the terms of this Application as
well as the Agreement from the date the said amount is payable by the
Applicant(s) to the Promoter.

11. If within a period of five years from the date of handing over the Apartment to the
Applicant(s), the Applicant(s) brings to the notice of the Promoter any structural
defect in the Apartment or the Building in which the said Apartment will be
situated or any defects on account of workmanship, quality or provision of
service, then, wherever possible such defects shall be rectified by the Promoter
at its own cost and in case it is not possible to rectify such defects, then the
Applicant(s) shall be entitled to receive from the Promoter, compensation for
such defect in the manner as provided under the Act.

Provided that,

(i) (a) the above-mentioned liability of the Promoter shall be limited to


structural defects only (quality and workmanship).

X_______________ X__________________ X______________


Sole/First Applicant Joint/Second Applicant Third Applicant

11
(b) The Promoters shall not be liable for any such structural/
architectural defect induced by the Applicant(s), by means of
carrying out structural or architectural changes from the original
specifications/ design or any misuse thereof; or any act, omission
or negligence or non-compliance of any applicable laws;

(ii) It is further clarified that the Promoter shall not be liable for any
defects caused due to normal wear and tear.

(iii) The Promoter having procured fixtures, fittings, equipment and/or


services of standard makes, shall not be liable for any defects
relating to the same and these shall be governed by their
respective warranties provided by their manufactures/installers.
The said warranties shall be made available to the Applicant(s)/
Association of Allotees by the Promoters.

12. The Promoter, upon obtaining the Occupancy Certificate of the Building in which
Apartment will be situated or part thereof from the competent authority and the
payment made by the Applicant(s) as per this Application/ Agreement for Sale
shall offer in writing the possession of the Apartment, to the Applicant(s) in terms
of this Application/ Agreement for Sale to be taken within 3 (three) months from
the date of issue of such written notice by the Promoter and the Promoter shall
give possession of the Apartment to the Applicant(s). The Promoter agrees and
undertakes to indemnify the Applicant(s) in case of failure of fulfilment of any of
the provisions, formalities, documentation on part of the Promoter. The
Applicant(s) agree(s) to pay the Maintenance Charges as determined by the
Promoter or Association of allottees, as the case may be. The Promoter on its
behalf shall offer the possession to the Applicant(s) in writing within 7 days of
receiving the Occupancy Certificate of the Building in which Apartment will be
situated or part thereof.

13. The Applicant(s) shall take possession of the Apartment within 15 days of the
written notice from the Promotor to the Applicant(s) intimating that the Apartment
is ready for use and occupancy.

14. Upon receiving a written intimation from the Promoter as per clause 12 and 13,
the Applicant(s) shall take possession of the Apartment from the Promoter by
paying all amounts executing necessary indemnities, undertakings and such
other documentation as prescribed in the Agreement for Sale, and the Promoter
shall give possession of the Apartment to the Applicant(s). In case the
Applicant(s) fails to take possession within the time provided in clause 13, such
Applicant(s) shall continue to be liable to pay Maintenance Charges as applicable
including all Government rates, taxes, charges, interest on delay and all other
outgoing and expenses of and incidental to the management and maintenance of
the said Project/Whole Project and the Apartment thereon. In the event the
Applicant(s) fails and / or neglects to take possession of the Apartment within 15
(fifteen) days from the date of the possession notice as per Clause 13, the
Applicant(s) shall also be liable to pay demurrage charges to the Promoter at the
rate of Rs. 30/- per square foot of carpet area of the Apartment per month or part

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12
thereof from the expiry of the aforementioned 15 (fifteen) days period till such
time the Applicant(s) takes possession of the Apartment.

15. The Applicant(s) confirms that all notices/communications to be served on the


Applicant(s) shall be deemed to have been duly served, if sent to the Applicant(s)
by Post at his/their respective addresses or at email IDs as specified in this
Application Form.

It shall be the duty and obligation of the Applicant(s) to inform the Promoter of
any change in address subsequent to the execution of this Application failing
which all communications and letters posted at the above address shall be
deemed to have been received by the Applicant(s).

16. The Applicant(s) confirm(s) that in case there are joint applicant(s), all
correspondence/ communication shall be sent by the Promoter to the Applicant
whose name appears first and at the address/ email given by him/ her, which
shall for all intents and purposes be considered as properly served on all the
Applicant(s).

17. The Applicant(s), if resident outside India, agrees and undertakes to 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 & Regulations made thereunder or any other statutory amendment(s),
modification(s) made thereof and all other applicable laws in India. The
Applicant(s) shall keep the Promoter fully indemnified and harmless in this
regard.

The Applicant(s) declares and confirms that the payment/remittance by him/ her/
it/ them shall be from legitimate source(s) and not from proceeds obtained or
derived, directly or indirectly, from any illegal/criminal activities under applicable
laws.

18. The Applicant(s) acknowledges that the Promoter shall not be responsible
towards any third party making payment/ remittances on behalf of any
Applicant(s) and such third party shall not have any right in the application/
allotment of the Apartment and the Promoter shall issue the payment receipts in
favour of the Applicant(s) only.

19. The Applicant(s) understand(s) that the acceptance of this Application is entirely
at the discretion of the Promoter.

20. The Applicant(s) acknowledges that he/they /it may with the permission from the
Promoter raise and/ or avail loan facility from banks or financial institutions for
purpose of raising finance towards allotment of the Apartment. The Applicant(s)
further acknowledges that any delay on account of raising and/ or availing said
loan shall not absolve the Applicant(s) from making timely payment of the Total
Price or any part thereof.

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21. The Applicant(s) agrees not to demolish or cause to be demolished the
Apartment or any part thereof, nor at any time make or cause to be made any
addition or alteration of whatever nature in or to the Apartment or any part
thereof, nor any alteration in the elevation and outside colour scheme of the
Apartment and shall keep the portion, sewers, drains and pipes in the Apartment
and the appurtenances thereto in good tenantable repair and condition, and in
particular, shall not chisel or in any other manner cause damage to columns,
beams, walls, slabs or RCC, Pardis or other structural members in the Apartment.

22. The Applicant(s) acknowledges that the Promoter will confirm the final carpet
area of the Apartment that will be allotted to the Applicant(s) after the construction
of the Building is complete and the occupancy certificate is granted by the
competent authority, by furnishing details of the changes, if any, in the carpet
area, subject to a variation cap of 3% (Three percent). The Total Price payable for
the carpet area shall be recalculated upon confirmation by the Promoter. If there
is any reduction in the carpet area within the defined limit then Promoter shall
refund the excess money paid by Applicant(s) within forty-five (45) days with
annual interest at the rate specified in the Rules, from the date when such an
excess amount was paid by the Applicant(s). If there is any increase in the carpet
area allotted to Applicant(s), the Promoter shall demand additional amount from
the Applicant(s) as per the next milestone of the Payment Plan. All these
monetary adjustments shall be made at the same rate per square meter as
agreed in Clause 2 hereinabove.

23. The Applicant(s) shall use the Apartment or any part thereof or permit the same
to be used only for purpose of residence. The Applicant(s) hereby agrees that he
shall not use the Apartment or any part thereof or permit the same to be used for
any office, show-room, shop, godown or for carrying on any industry or business.
He shall use the parking space(s) only for purpose of keeping or parking vehicle.

24. The Applicant(s) shall not let, sub-let, transfer, assign or part with interest or
benefit factor of this Application/ Agreement for Sale or part with the possession
of the Apartment until all the dues payable by the Applicant(s) to the Promoter
under this Application/ Agreement for Sale are fully paid up.

25. The Applicant(s) shall have no objection in case the Promoter creates a charge
on the said Project during the course of development of the said Project for
raising loan from any banking and/or financial institution provided, such charge
shall not affect the right and interest of the Applicant(s) who has taken or agreed
to take the Apartment.

26. The Applicant(s) shall indemnify and keep the Promoter, its directors, agents,
representatives, employees, estate and effect indemnified and harmless against
the payment and observance and performance of all the covenants and
conditions as well as compliance of all applicable laws and any loss, damage or
liability that may arise due to non-payment, non-observance or non-performance/
violation by the Applicant(s) of the said covenants or said conditions by the
Applicant(s) as mentioned in this Application, Agreement as well as applicable
laws.

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14
27. The Applicant(s) agrees that without prejudice to the right of Promoter to charge
interest in terms of clause 10 above, on the Applicant(s) committing default in
payment on due date of any amount due and payable by the Applicant(s) to the
Promoter under this Application or Agreement for Sale (including his/her
proportionate share of taxes levied by concerned local authority and other
outgoings) (and in case of Agreement for Sale is registered, on the Applicant(s)
committing three defaults of payment of instalments), the Promoter shall at its
own option, may terminate the Application/Agreement.

Provide that, Promoter shall give notice of 15 (fifteen) days in writing to the
Applicant(s) by Registered Post AD at the address provided by the Allottee(s) and
mail at the mail address provided by the Allottee(s), of its intention to terminate
the Application/Agreement for Sale and of the specific breach or breaches of
terms and conditions in respect of which it is intended to terminate the
Application/ Agreement for Sale. If the Applicant(s) fails to rectify the breach or
breaches mentioned by the Promoter within the period of notice then at the end of
such notice period, promoter shall be entitled to terminate the
Application/Agreement for Sale.

The Applicant(s) further agrees that upon Applicant(s) making application /


request for withdrawal of his/her/their allotment or upon termination of the
Application / Agreement for Sale as aforesaid, the Promoter shall refund to the
Applicant(s) the instalments of sale consideration of the Apartment which may till
then have been paid by the Applicant(s) to the Promoter, subject to deduction as
mentioned in table below, within a period of 45 (forty five) days of the request for
cancellation of allotment or termination by the Promoter. However, if the
Agreement for Sale is registered, the refund shall be made simultaneous with
execution and registration of Deed of Cancellation. In any of the cases, the
Promoter shall not be liable to pay to the Applicant(s) any interest on the amount
so refunded.

Sr. No. If the letter requesting to Amount to be deducted


cancel the Application for
booking is received or
Application/Allotment Letter
is cancelled/ terminated
1. within 15 days from issuance of NIL
the Application for Booking;
2. within 16 to 30 days from 1% of the Total Price of the
Application for Booking; Apartment
3. within 31 to 60 days from 1.5% of the Total Price of the
Application for Booking; Apartment
4. after 61 days from issuance of 2% of the Total Price of the
the Application for Booking and Apartment
issuance of Allotment Letter but
before registration of
Agreement for Sale;
5. After registration of Agreement 10% of the Total Price of the
for Sale Apartment

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In the event the amount due and payable upon cancellation of allotment or
termination, is not refunded within 45 days from the date of receipt of the
Applicant’s letter requesting to cancel the said booking or termination of the
Application by the Promoter, or upon execution of the Deed of Cancellation in
cases where Agreement for Sale has been registered, the Applicant(s)shall be
entitled to receive the balance amount with interest calculated at the rate which
shall be the State Bank of India highest marginal Cost of Lending Rate plus two
percent from the date the said refund became due and payable until the amount
is actually refunded to the Applicant(s).

28. At the time of registration of conveyance of the Building, the Applicant(s) shall
pay to the Promoter or concerned authority (as the case may be), the Applicant’s
share of stamp duty and registration charges payable, by the said Society or
Limited Company on such conveyance or any document or instrument of transfer
in respect of the Building. At the time of registration of conveyance or any
document or instrument of transfer of the Common Areas and Facilities of the
Project/Whole Project including the basement and podium of the Whole Project,
the Applicant(s) shall pay to the Promoter, the Applicant’s share of Stamp Duty
and Registration Charges payable on such conveyance or any document or
instrument of transfer, by the said Association of the Buildings on the Whole
Project Land on such conveyance or any document or instrument of transfer in
respect of the said Common Areas and Facilities to be executed in favour of the
Apex Body/ Federation. At the time of registration of document of transfer by the
SRA or MHADA or the relevant Government or Government Authority of the land
forming part of the Larger Property, the Allottee(s) shall pay the Allottees' share of
stamp duty and registration charges payable on such document of transfer.

29. Wherever in this Application Form it is stipulated that the Applicant(s) has to
make any payment, in common with other applicant(s), the same shall be in
proportion to the carpet area of the Apartment to the total carpet area of all the
apartments in the Building and/or Project and/or Whole Project, as the case
maybe.

30. The Applicant(s) understands that the Promoter may alter/change/amend the
layout plans, maps etc. of the Apartments/said Project/Whole Project as per the
Applicable Laws.

31. The rights and obligations of the Parties under or arising out of this Application
Form shall be construed and enforced in accordance with the Act and the Rules
and Regulations made thereunder including other Applicable Laws prevalent in
the State of Maharashtra, for the time being in force.

The Applicant(s) has/ have fully read and understood the above conditions and agrees to
abide by the same.

Place:
Date:

Signature of the Applicant(s)

Annexure “A”

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16
Annexure
Payment “A”
Schedule
Payment Schedule

COST SHEET

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17
Annexure
Payment “A”
Schedule
Payment Schedule

PAYMENT PLAN

Sr. No. Milestone/Instalment Description % Due

1 Amount on Application 35 Lacs

2 Booking Amount (Within 30 days of Application Form) 10% (less


35 Lacs)

3 Within 120 Days of Booking 15%

4 On Completion of Ground Floor Slab 5%

5 On Completion of 7th Floor roof Slab 7%

6 On Completion of 14th Floor roof Slab 7%

7 On Completion of 21st Floor roof Slab 7%

8 On Completion of 28th Floor roof Slab 7%

9 On Completion of 35th Floor roof Slab 7%

10 On Completion of top Floor roof Slab 5%

11 On Start of Installation of Elevators/ Lifts 5%

12 On application of Occupation Certificate 10%

13 On receipt of Occupation Certificate 10%

14 On Offer of Possession 5%

Total 100%

Notes:
1. GST/ Taxes as applicable will be extra on each Installment
2. Stamp Duty and Registration charges as applicable will be extra
3. In case Allottee fails to take possession, he/ she shall be liable to pay to
the Promoter, in terms of Clause 6.3 of the Agreement, all expenses of and
incidental to the management and maintenance of the said Apartment.
4. Payment for construction milestone already achieved shall become due and
payable at the time of booking or within the timeline as intimated by the
Promoter at the time of booking

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18
Payment Schedule

DOWN PAYMENT PLAN

Sr. No. Milestone/Instalment Description % Due

1 Amount on Application 35 Lacs

2 Booking Amount (Within 30 days of Application Form) 10% (less


35 Lacs)

3 Within 120 days of Application after Signing and 85% less


Registration of Agreement for Sale Down
Payment
Rebate

4 On Offer of Possession 5%

Total 100%

Notes:
1. GST/ Taxes as applicable will be extra on each Installment
2. Stamp Duty and Registration charges as applicable will be extra.
3. In case Allottee fails to take possession, he/ she shall be liable to pay to the
Promoter, in terms of Clause 6.3 of the Agreement, all expenses of and
incidental to the management and maintenance of the said Apartment.

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19
20
21
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Mumbai

Promoter: PEGEEN BUILDERS & DEVELOPERS PRIVATE LIMITED.

The project is registered as “The Westpark – Phase 1” under MahaRERA bearing Registration No. PR1181012500079
and valid upto 30/06/2032. The project details are available on website [Link]

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