Application Form - Floors
Application Form - Floors
Dear Sir,
I/we, the undersigned (also referred to as the “Applicant”) wish to apply for allotment of a built up
residential ground floor /first floor/second floor* tentatively admeasuring about_________ sq. ft.
(________sq. mtrs.) of Saleable Area in your project for Independent Floors in Central Park Flower
Valley earlier known as Central Park-III Township spread over the area of villages Dhunela and
Berka in Sohna of District-Gurgaon under the Flexi Payment Plan/Possession Linked
Plan/Subvention Payment Plan/Construction Linked Payment Plan/Down Payment Plan* as opted
by me/us as per details mentioned in this Application and Payment Plan (Annexure 1).
1. SOLE/FIRST APPLICANT
Mr./Ms./M/s._______________________________________________________
Self Attested
s/w/d of ___________________________________________________________ Photograph
of Sole/First
Date of Birth__________________ Nationality____________________________ Applicant
Occupation:
Service ( ) Professional ( ) Business ( )
Residential Status:
Resident ( ) Non-Resident Indian (NRI) ( ) Person of Indian Origin (PIO) ( )
Foreign National ( ) Others (please specify) ________________________
Marital Status: _____________________________ Name of Spouse: _____________________________
Permanent Account Number: __________________________________
(In case of Resident Citizen only. For others, please attach copy of passport/PIO Card)
Bank Account Details (Name of Bank, Branch & A/c No.): ___________________________________
Please fill all the applicable columns
* Please strike out by putting mark which are not applicable and select by putting which is
applicable
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Correspondence Address in India:
__________________________________________________________________________________________
__________________________________________________________________________________________
City ________________________ State________________________ Country_________________________
PIN ________________________ Email ________________________________________________________
Tel. No. (with STD/ISD Code) ________________________________ Mobile No. ___________________
Aadhaar Card No. (Optional) _____________________________________________
Permanent Address:
__________________________________________________________________________________________
__________________________________________________________________________________________
City ________________________ State________________________ Country_________________________
PIN ________________________ Email ________________________________________________________
Tel. No. (with STD/ISD Code) ________________________________ Mobile No. ___________________
Employment Details:
Name of the Organization: _________________________________________________________________
Designation:__________________________________ Address: ___________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
City______________________ State_____________________ Country______________________________
PIN_________________ Email_______________________________________________________________
Tel. No. (with STD/ISD Code) _____________________ Mobile No. ______________________________
Fax No___________________________________
Mr./Ms./M/s._______________________________________________________
Self Attested
s/w/d of ___________________________________________________________
Photograph
of Second
Applicant
Date of Birth__________________ Nationality____________________________
Occupation:
Service ( ) Professional ( ) Business ( )
Residential Status:
Resident ( ) Non-Resident Indian (NRI) ( ) Person of Indian Origin (PIO) ( )
Bank Account Details (Name of Bank, Branch & A/c No.): ___________________________________
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Correspondence Address in India:
__________________________________________________________________________________________
__________________________________________________________________________________________
City ________________________ State________________________ Country_________________________
PIN ________________________ Email ________________________________________________________
Tel. No. (with STD/ISD Code) ________________________________ Mobile No. ___________________
Aadhaar Card No. (Optional)_____________________________________________
Permanent Address:
__________________________________________________________________________________________
__________________________________________________________________________________________
City ________________________ State________________________ Country_________________________
PIN ________________________ Email ________________________________________________________
Tel. No. (with STD/ISD Code) ________________________________ Mobile No. ___________________
Employment Details:
Name of the Organization: _________________________________________________________________
Mr./Ms./M/s._______________________________________________________
Self Attested
s/w/d of ___________________________________________________________
Photograph
of Third
Applicant
Date of Birth__________________ Nationality____________________________
Occupation:
Service ( ) Professional ( ) Business ( )
Residential Status:
Resident ( ) Non-Resident Indian (NRI) ( ) Person of Indian Origin (PIO) ( )
Bank Account Details (Name of Bank, Branch & A/c No.): ___________________________________
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Correspondence Address in India:
__________________________________________________________________________________________
__________________________________________________________________________________________
City ________________________ State________________________ Country_________________________
PIN ________________________ Email ________________________________________________________
Tel. No. (with STD/ISD Code) ________________________________ Mobile No. ___________________
Permanent Address:
__________________________________________________________________________________________
__________________________________________________________________________________________
City ________________________ State________________________ Country_________________________
PIN ________________________ Email ________________________________________________________
Tel. No. (with STD/ISD Code) ________________________________ Mobile No. ___________________
Employment Details:
Name of the Organization: _________________________________________________________________
Designation:__________________________________ Address: ___________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
City______________________ State_____________________ Country______________________________
PIN_________________ Email_______________________________________________________________
Tel. No. (with STD/ISD Code) _____________________ Mobile No. ______________________________
Fax No___________________________________
Aadhaar Card No. (Optional) _____________________________________________
_______ sq. ft. (approximately) of Saleable Area on the ____________ Floor on __________ sq. yds.
plot* with the description as per below table
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DETAILS OF PAYMENT: (Please tick appropriate)
Notes: 1. The rates of EDC and IDC are tentative and shall be calculated by the Company and
paid by the Applicant as per actual on proportionate basis.
2. All other amounts towards statutory and third party taxes, fees, charges including Service
Tax, VAT, municipal tax, property tax, wealth tax, other statutory charges/tax/fees, stamp
duty & registration charges, internal development charges (idc), infrastructure
augmentation charges (IAC) and revised EDC, IDC, idc &IAC, if any levied, and other
fees/taxes/charges shall be extra and payable by the Applicant(s) as and when demanded
by the Company for the Floor allotted.
3. All charges including holding charges payable as per the terms and conditions of the
Application/ Floor Buyers Agreement as applicable.
4. Annual/Monthly/Quarterly charges for use of Club and Maintenance charges as
applicable.
I/we understand and agree that this Application for allotment of a residential Floor in the
Independent Floors project in Central Park Flower Valley earlier known as Central Park III Township
(“Project”) is subject, inter alia to the following amongst other terms and obligations to be observed
by me/us, including the Key Indicative Terms and Conditions of the Floor Buyer’s Agreement that
may be executed with the Company in due course and as set out in Schedule-1 hereto and I/we
further agree and undertake to abide by all these terms, conditions and obligations:
1. I/We have clearly understood that submission of this signed Application Form and payment of
the Booking Amount by me/us shall neither constitute a right of allotment of a Floor to me/us
nor shall it create or result in any obligations on the Company towards me/us. I acknowledge
that the 10% of BSP shall be considered as the Earnest Money Deposit. I/We understand that the
Company may at any time and at its sole discretion reject my/our Application without assigning
any reason. I/We agree that the allotment of the Floor shall be made in due course of time,
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subject to the availability. I/We agree to the allotment of Floor by lottery/draw of lots to be
conducted by the Company and the Company shall not be bound to provide or allocate the floor
in the preferred location with the said specifications.
2. I/We understand that besides the Basic Sale Price (“BSP”), External Development Charges
(“EDC”), Infrastructure Development Charges (IDC), Internal Augmentation Charges (IAC),
internal development charges (idc), Preferential Location Charges (“PLC”), Interest Free
Maintenance Security Deposit (“IFMSD”), Community Centre/Club Membership Charges
(Optional) etc. as set out in this Application and Payment Plan (Annexure 1), I/we shall also pay
connection and usage charges for water, electricity, power back up & other utilities and
registration amount, stamp duty, Service Tax, VAT, statutory and other third party taxes, fees,
charges, etc., as may be applicable. If as per statutory law, any tax at source is required to be
deducted (“TDS”) by me/us on the Booking Amount, instalments or any other amount paid or
to be paid to the Company, I/We shall give a TDS certificate in the prescribed form to the
Company for such deduction of TDS within a maximum period as prescribed by law and in the
absence of such prescription immediately after handing over the cheque/demand draft for such
payment to the Company failing which the amount deducted shall be considered as part of
unpaid Booking Amount/ instalments/consideration.
3. I/We declare that I/we am/are competent to make and submit the present Application for
booking of a Floor in the aforesaid Project and there is no legal or contractual impediment or
restriction on my/our making this Application or the payment tendered hereunder.
4. I/We acknowledge and declare that the Company has readily provided me/us all the
information/clarifications as required by me/us with respect to the land and approvals
thereupon and I/we have not relied upon and nor been influenced by any architects’ plans, sales
plans, sale brochures, advertisements, representations, or any other information except what is
stated specifically in this Application and I/we have relied solely on my/our own judgment in
deciding to make the present Application for the prospective purchase of the aforesaid Floor.
5. I/We have also gone through and read the Key Indicative Terms and Conditions listed out in
Schedule-1, (which shall form and be read as an integral part of this Application), which shall
form part of the proposed Floor Buyer’s Agreement. I/We understand that these are indicative
and conveyed herein specially for the purpose of acquainting me/us with a broad outline of the
essential terms and conditions for the proposed transfer of the Floor. I/we further understand
and agree that the actual terms and conditions contained in the Floor Buyer’s Agreement may be
more elaborate and comprehensive. I/We further agree that the Company may at its sole
discretion add to, amend, modify, or delete from these terms and conditions in its Floor Buyer’s
Agreement.
6. I/We declare that I/we have fully satisfied myself/ourselves about the right of the Company
with respect to the land on which the proposed Project is to be constructed as well as the
approvals/consents/sanctions/license granted by the Director General, Town and Country
Planning, Haryana and the competency of the Company to develop the Colony and sell the
Floor. I/We have understood all the limitations and obligations of the Company with respect to
the same.
7. I/We understand that once submitted, this Application cannot be revoked by me/us after expiry
of 10 (ten) days from the date of its submission to the Company and in the event I/we withdraw
our Application after expiry of such 10 (ten) days or if I/we do not accept the allotment made by
the Company on my/our Application or I/we do not execute the Floor Buyer’s Agreement
within the time stipulated by the Company for this purpose, then this Application shall be
treated as cancelled only at the sole discretion of the Company and my/our entire Booking
Amount/ Earnest Money Deposit shall be forfeited by the Company and I/We shall be left with
no right, interest, claim or lien on the allotment of the Floor or the Floor itself or otherwise on the
Company in any other manner whatsoever.
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8. I/We confirm that all the correspondence to me/us should be made in the name of the First
Applicant at the address given above and any notices /letters sent by the Company to the above
address shall be valid intimation to me/us regarding the contents therein.
9. In case my/our Application for Booking of the Floor in the Project is accepted and the Company
makes an allotment of the Floor, then I/we undertake to execute all documents/agreements as
required and agree to accept and abide by all the terms and conditions therein and pay all
charges as applicable therein and/or as demanded by the Company in due course.
10. I/We have sought detailed explanations and clarifications from the Company about the land,
ownership of land, project, approvals, details etc. of the Project and the Company has readily
provided such details, explanations and clarifications and after giving careful consideration to all
facts, terms and conditions, I/We have signed this Application Form and paid the Booking
Amount for allotment. I/We further undertake and assure the Company that in the event of
rejection of my/our Application for Booking by the Company, or in the eventuality of forfeiture
of my/our Earnest Money (as defined in Schedule-1 hereinafter) in accordance herewith, I/We
shall be left with no claim, right, title, interest or lien under this application or for allotment of a
Floor in relation to the Project.
DECLARATION:
I/We confirm and declare that the particulars provided by me/us are true to my/our knowledge and
correct to the best of my/our belief. No part of it is false and nothing material has been concealed or
withheld by me/us therefrom. I/We have fully read and understood the above mentioned terms and
conditions and agree to abide by the same.
Thanking you,
Yours faithfully,
NOTE:
(1) All payments to be made by the Applicant to the Company, shall be through a demand
draft/banker’s cheque/ordinary cheque payable at par at Gurgaon in favour of “St. Patricks
Realty Private Limited”. All payments shall be subject to their actual realization in the above
mentioned account. The date of credit into the above account shall be deemed to be the date of
payment.
(2) In case the cheque comprising Booking Amount is dishonoured due to any reason, the Company
reserves the right to reject the application or cancel the booking without giving any notice to the
Applicant(s).
(3) Applications not accompanied by photographs and the particulars mentioned hereinabove of the
Applicant(s) shall be considered as incomplete and may be rejected by the Company at its sole
discretion.
(4) It is advised to the Applicant that the Applicant should carefully go through and read the entire
Key Indicative Terms and Conditions as mentioned in Schedule-1 and if the Applicant does not
agree with any of the Key Indicative Terms and Conditions or terms for change in the lay out
plan as mentioned in clauses 7.1, 7.2, 7.3, 7.4 and 7.5 of the Key Indicative Terms and Conditions,
Applicant can inform the Company about his/her/their disagreement and ask the refund of
Booking Amount from the Company within 10 (ten) days of the date of submission of
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Application subsequent to which the Company shall reject the Application and refund the entire
amount to the Applicant without any deduction of EMD but without any interest, claim,
damages etc.
(5) If the Applicant fails (for any reason whatsoever) to execute both the copies of the Floor Buyer’s
Agreement and thereafter return it to the Company within 30 days from the date of the
communication to do so by the Company, then the allotment of the Floor, if made by the
Company, shall stand cancelled at the sole discretion of the Company and the Booking
Amount/Earnest Money Deposit shall stand forfeited to the Company and the Applicant shall
be left with no right, interest or claim in the allotment of the Floor or the Floor itself. The
Company shall not be liable to pay any compensation or interest or any costs whatsoever to the
Applicant upon such cancellation.
(6) It shall be sole discretion of the Company to accept or reject the Application without assigning
any reason. If the application of the Applicant is accepted by the Company then a provisional
allotment of the Floor shall be made in the favour of Applicant, the communication of which
shall be sent to the Applicant by a written provisional allotment letter.
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ANNEXURE-1
PAYMENT PLAN
Interest Free Maintenance Security (IFMS), Power Backup(PB), Club Membership (CL), Electricity
Connection(EC) Stamp Duty Charges (SD), Registration Charges (RC), (Other Charges)
Interest Free Maintenance Security (IFMS), Power Backup(PB), Club Membership (CL), Electricity
Connection(EC) Stamp Duty Charges (SD), Registration Charges (RC), (Other Charges)
Subvention Plan
Particulars Amount (Rs.)/ in Percentage (%)
Booking Amount 3 Lacs OR 4 Lacs Lumpsum
To Complete ______% of BSP Less Booking Amount +
Within 90 days of Booking
______% EDC/IDC+ ______% PLC
Bank Subvention (As per CLP milestones) ______% of BSP +______% EDC/IDC+ ______% PLC
_____% of BSP+IFMS +PB+CL+EC+SD+RC+ Other
On Offer of Possession
Charges
Interest Free Maintenance Security (IFMS), Power Backup(PB), Club Membership (CL), Electricity
Connection(EC) Stamp Duty Charges (SD), Registration Charges (RC), (Other Charges)
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Down Payment Plan
Particulars Amount (Rs.)/ in Percentage (%)
Booking Amount 3 Lacs OR 4 Lacs Lumpsum
Within 60 Days of Booking To Complete _____% of BSP Less Booking Amount
Within 90 days of Booking ______% of BSP + ______% EDC/IDC+ ______% PLC
_____% of BSP+IFMS + PB+CL+EC+SD+RC+Other
On Offer of Possession
Charges
Interest Free Maintenance Security (IFMS), Power Backup(PB), Club Membership (CL), Electricity
Connection(EC) Stamp Duty Charges (SD), Registration Charges (RC), (Other Charges)
Interest Free Maintenance Security (IFMS), Power Backup(PB), Club Membership (CL), Electricity
Connection(EC) Stamp Duty Charges (SD), Registration Charges (RC), (Other Charges)
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FOR OFFICE USE ONLY
iv. Interest Free Maintenance Security (IFMSD) : Rs. __ per sq. ft. *
6. All charges including holding charges as per the terms and conditions of the Application/ Floor
Buyers Agreement as applicable.
7. Mode of Booking:
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SCHEDULE 1
KEY INDICATORS FROM THE TERMS AND CONDITIONS OF THE FLOOR BUYER’S
AGREEMENT
The following terms and conditions (“Key Indicative Terms and Conditions”) of allotment of a
residential Floor in Independent Floors project in CENTRAL PARK FLOWER VALLEY Township
being developed by St. Patricks Realty Private Limited, (hereinafter referred to as the “Company”)
are indicative in nature with a view to acquaint the applicant(s) (hereinafter “Applicant”) with these
terms and conditions, and may be more comprehensively set out in the proposed Floor Buyer’s
Agreement (“Agreement”).
1.2 The required licence bearing Licence No. _________ dated ______ has already been obtained
from the office of Director General Town and Country Planning, Haryana to develop the
residential independent floors on the designated area of various connected plots in the Central
Park Flower Valley township (hereinafter referred to as said “Colony”).
1.3 The Applicant has applied for allotment of a residential Floor in the Colony (hereinafter said “
Floor”) after carrying out the due diligence and verification of all the title, records, deeds and
other documents with respect to the said Land of the Colony and lay out plans, licences,
approvals and necessary permissions for the project and is/are satisfied with rights of the
Company and its ability to develop the said Colony in accordance of the prevailing laws, rules
and regulations and has not solely relied on any advertisement or solicitation of any person
including selling agents and brokers. The Applicant has understood all limitations and
obligations in respect thereof. Having carried out his/her independent investigations, the
Applicant agrees that after signing of this Agreement, it shall not raise any dispute or any
objection in this respect.
1.4 The Applicant understands and agrees that upon compliance of all the requirements of the
Company, payment of the Booking Amount and acceptance of the application of the Applicant
only a provisional allotment of the said Floor has been made in the favour of Applicant. The
provisional allotment of the said Floor shall be subject to compliance of the terms and conditions
of the Agreement by the Applicant.
1.5 The Company has made it clear to the Applicant that it shall carry out extensive
development/construction activities for many years in future in the areas falling inside/outside
the Colony and that the Applicant being made aware of this fact by the Company has confirmed
that the Applicant shall not raise any objection or make any claims or default in payments as
demanded by the Company on account of inconvenience because of such
development/construction activities.
1.6 The Applicant understand and agrees and has been duly informed that the Company would be
undertaking further development, construction and all such other activities necessary on the
lands contiguous to the land on which the Colony is being developed and shall also be adding
various parcels of the land to the existing total land of the Company and the Applicant shall not
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raise any objection to the Company carrying out such development activities or using any road,
area or open spaces in the Colony or any part thereof for the said purposes.
2.2. The Applicant has understood that in addition to the Basic Sale Price (“BSP”) and applicable
Preferential Location Charges (“PLC”), following other charges and deposits shall be payable by
the Applicant:
(a) Club Membership Charges of Rs. ________/-, if the Applicant opts to access the facility and
take membership of the Club at the time of Application.
(c) Interest Free Maintenance Security Deposit (IFMSD) of Rs. _____/- per sq. ft. of Saleable Area
to secure the obligation of Applicant towards payment of maintenance bills.
(d) The External Development Charges (EDC), the Infrastructure Development Charges (IDC),
the internal development charges (idc) and Infrastructure Augmentation Charges (IAC) as
per actual levied by the statutory authorities on proportionate basis.
(e) Stamp Duty, Registration charges, legal fee and other incidental charges with respect to
execution and registration of the conveyance deed of the said Floor in favour of the
Applicant.
(f) Charges for connection of water, electricity and other utilities required in the said Colony
and/or Floor.
(h) Any tax, levies, cess etc. imposed by the statutory authorities on the said Colony and/or
Floor shall be paid by the Applicant on proportionate basis whether before or after the
transfer of possession of the said Floor.
2.3. PLC charges shall be payable by the Applicant for one or more preferential location as per
Details of Payment annexed as Annexure 1 and Payment Plan annexed as Annexure 2 as opted
by the Applicant. However, if a particular location is ceased to be preferential location due to any
reason, the Company shall be liable to refund the amount of PLC to the Applicant but without
any interest or any other claim and such refund shall be adjusted in the next installment payable
by the Applicant as per the Payment Plan. In case the Applicant does not want to purchase the
said Floor without the preferential location opted by him/her/them then the Applicant shall
have the option to cancel the provisional allotment of the said Floor and get refund the amount
paid by it after deduction of brokerage paid by the Company however, without any interest,
claim or compensation. In case the said Floor becomes a preferentially located Floor or any
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preferential location as mentioned in this Agreement is added to the said Floor because of any
events as mentioned in clauses 7.1, 7.2, 7.3, 7.4 and 7.5 or for any other reason, the Applicant
shall be liable to pay the preferential location charges at the rate as mentioned in the attached
Details of Payment and in accordance of the Payment Plan.
2.4 The Applicant shall also pay the proportionate EDC, IDC, IAC and other charges levied by
Government on the Company which are mentioned in the Details of Payment annexed as
Annexure 1 and as per Payment Plan annexed as Annexure 2. Any future levy by the
Government to be payable by the Company with prospective or retrospective effect with respect
to the charges mentioned in this clause shall also be payable by Applicant to the Company in the
same proportion.
2.5 The EDC, IDC and IAC for the external and infrastructural services which have to be provided
by the Haryana Government/HUDA have been charged on pro rata basis on the basis of the
present rate fixed by the Haryana Government. As per the agreement signed with Director
General Town and Country Planning, Haryana (“DGTCP”) in accordance of the applicable laws,
the present rates are tentative and may be revised and the Company is under obligation to pay
additional EDC, IDC and IAC as per revised rate and in the manner as directed by the DGTCP.
Therefore, in case of any increase in these charges whether with prospective or retrospective
effect by the Government, the same including interest shall be paid by the Applicant on pro rata
basis. If such increase of EDC, IDC and IAC are levied after the execution of conveyance deed of
the said Plot in favour of the Applicant (“Conveyance Deed”) then also the Applicant shall pay
such increased charges on the pro rata basis and such pro rata charges shall be treated as unpaid
sale price of the said Plot, if not paid within due time of demand by the Company. In case of any
refund of the EDC, IDC and IAC by the Government, the same shall be refunded to the
Applicant on pro rata basis.
2.6 The Applicant shall make the payment of due installment as per Payment Plan and also the
interest, charges, levies duties etc. through account payee Cheque/Demand Draft in favour of
St. Patricks Realty Private Limited payable at Gurgaon. If the cheque given by the Applicant is
dishounred by the drawee bank for any reason whatsoever it shall amount to non performance
of his/her obligations and material breach of the terms and conditions of the Agreement and the
Company shall have the right to cancel the provisional allotment of the said Floor to the
Applicant. The Applicant agrees that the payments on due date/milestones as set out in
Payment Plan shall be made on or before the due date and the Company is not liable to send any
notice or demand with respect to such payment. However, the company shall intimate the
Applicant about achieving of milestones as set out in Payment Plan to keep the Applicant up
dated. The Applicant agrees that making of payments as per Payment Plan is the essence of this
Agreement.
2.7 Save and except in the case of any bank or financial institution with whom a tripartite agreement
has been or required to be separately executed for financing the purchase of said Floor or where
the Company has given a permission to mortgage to any bank or financial institution for
extending a loan to the Applicant against the said Floor, the Company shall not be responsible
towards any third party, who has made payments or remittances to the Company on behalf of
the Applicant and such third party shall not have any right in this Agreement or allotment of the
said Floor or the said Floor itself. The Company shall issue the payment receipts only in favour
of the Applicant. Under all circumstances, the Applicant is and shall remain solely and
absolutely responsible for ensuring and making all the payments due under this Agreement on
time.
2.8 If as per statutory law, any tax at source is required to be deducted (“TDS”) by the Applicant on
payment of Booking Amount, installments or any other amount to the Company as mentioned in
this Agreement or otherwise, the Applicant shall give a TDS certificate to the Company in the
prescribed form showing such deduction of TDS, within a period as prescribed by law and in
the absence of such prescription immediately after such payment to the Company failing which
the amount deducted by the Applicant shall be considered as part of unpaid Booking
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Amount/installments/consideration. In case the Applicant fails to pay such amount alongwith
interest, if any, which has become the unpaid Booking Amount/ installments/consideration by
virtue of not providing the TDS certificate as mentioned in this clause, it shall be treated as a
default in making the payment of amount which is due to the Company and thus a material
breach of the terms of this Agreement and the Company shall be entitled to cancel the
provisional allotment of the Applicant for such default per below clause 4.1 of this Agreement.
2.9 The Company has calculated the price and charges as mentioned in this Agreement and payable
by the Applicant for the said Floor on the basis of total Saleable Area of the said Floor only. The
Applicant confirms and represent that the Applicant has not made any payment to the Company
in any manner whatsoever for any other area and any land, building, facilities and amenities
falling outside the said Floor. It is made clear that the Saleable Area and Usable Area of the Floor
is tentative and subject to change till the construction of Colony is complete. The Sale Price and
other charges shall be recalculated upon confirmation by the Company of the final Saleable Area
of the said Floor and any increase or reduction in the Saleable Area of the said Floor shall be
payable or refundable, without any interest, at the same rate per square feet as agreed herein
above. If there is an increase in Saleable Area the Applicant agrees to pay for increase in Saleable
Area immediately on demand by the Company and if there is a reduction in Saleable Area, then
the refundable amount due to Applicant shall be adjusted by the Company from the final
instalment as set forth in the Payment Plan.
2.10 It is expressly agreed to and understood by and between the parties that notwithstanding the fact
that a portion of the common areas of the building in which the said Floor is situated has been
taken into consideration for the purpose of calculation of the Saleable Area of the said
Apartment, yet it is only the area within the four walls of the said Floor that has been agreed to
be sold to the Applicant. The inclusion of the common areas of the building in computation of
Saleable Area of the said Floor does not and would not create any specified or independent
interest in the Applicant in the open spaces and all or any of the common areas such as lobbies,
staircases, corridors, etc. of the building.
2.11 Upon full payment of all instalments and other charges as per Details of Payment and Payment
Plan and as mentioned in this Agreement alongwith due interest, if any, by the Applicant to the
Company, and upon execution of all documents, undertakings, indemnities by the Applicant
including the maintenance agreement, facility operation/maintenance Agreement etc. it shall be
obligation and responsibility of the Company to get executed and registered a Conveyance Deed
convening a free hold title of the said Floor in favour of the Applicant at the cost and expense of
the Applicant. For the execution and registration of the Conveyance Deed, the Applicant shall
complete all the formalities required for execution and registration without any delay as and
when asked by the Company. If the Applicant is in default of any of the payments as aforestated,
then the Company shall have the right to withhold registration of the Conveyance Deed of the
Floor in his/her/its favour till full and final payment of all dues as per this Agreement is made
to the Company. Failing to pay all the amount and execute the documents by the Applicant as
mentioned above in this clause, the Company shall be entitled to cancel the allotment of the
Floor and terminate this Agreement and to forfeit out of the amounts paid by him/her/it the
earnest money, delayed payment of interest, any interest paid, due or payable, any other amount
of a non-refundable nature and to refund the balance amount paid by the Applicant without any
interest, in the manner prescribed expressly in this Agreement. The Applicant shall be solely
responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any
actions taken or penalties imposed by the competent authority (ies). In case of Applicant who
has/have raised funds/loans from Financial Institution(s)/Bank(s) or any other
institution/corporate or any other party, the Conveyance Deed of the Floor in favour of the
Applicant shall be executed by the Company only upon the Company receiving a clear No
Objection Certificate (NOC) from such Financial Institution(s)/ Bank(s)/Company or any other
institution/corporate or any other party, as the case may be. It is made clear that the ownership
of the Apartment shall vest solely with the Company till Conveyance Deed is executed in terms
hereof and the Applicant agrees that he/she/it shall not raise any disputes or make any claims
etc. in this regard.
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2.12 The Applicant agrees that Escalation in the construction cost resulting from increase in the cost of
construction inputs like steel, cement, fuel and other building materials and labour shall be borne
by the Applicant. It is agreed that 40% of BSP shall be treated as construction cost for the purpose
of computation of Escalation. Escalation shall commence from the date of issuance of letter of
provisional allotment of the said Floor by the Company. The closing date for Escalation shall be
the date of offer of possession by the Company. The respective RBI indexes for steel, cement and
petrol, oil & lubricants (POL) shall be considered for the purpose. For other materials, the
Wholesale Price Index of all Commodities shall be applied. For labour, Consumer Price Index for
industrial workers of Delhi published by RBI shall be applied. Component of steel, cement, other
construction materials, POL and labour in the construction cost shall be 15%, 10% 40%, 5%, and
30% respectively. Escalation shall be computed on monthly basis on prorate construction cost
and shall be collected at the time of offer of possession of the said Floor. An example attached
herewith as Annexure-4 illustrates the computation of escalation. Escalation computed on this
basis and certified by the Architect shall be binding on the Company and the Applicant. No
possession shall be handed over to the Applicant unless escalation amount is paid in full. The
Company shall make efforts to limit the escalation to a maximum of 10% (ten percent). In the
event of escalation exceeding the said maximum limit, the Applicant may at its sole discretion,
either accept the escalation beyond the maximum of 10% or withdraw from the Agreement.
Upon such withdrawal, the total amount paid to the Company minus Earnest Money Deposit,
Installments paid, interest if any paid/payable and non-refundable charges, shall be refunded to
the Applicant without any interest.
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Applicant. It is further clarified that immediately on termination of the allotment of the said
Floor as per this clause, the Company shall be entitled to re-allot the said Floor to any other
person.
4.2 The Company shall also be entitled to and hereby reserves its right to cancel the allotment of the
said Floor and/or cancel/terminate this Agreement if in the opinion of the Company, (a) the
allotment of the said Floor has been obtained through misrepresentation and concealment or
suppression of any material fact, or (b) the Applicant has violated or violates any of the
directions issued, rules and regulations framed by the Company or the maintenance agency or
by any statutory body or Competent Authority. The condition contained in this clause shall
survive the Conveyance of the said Floor and run with the said Floor within the meaning of
Section 31 of the Transfer of Property Act, 1882, (“TP Act”).
4.3 Without prejudice to the right of the Company as mentioned in above clause 4.1, the Company
may at its sole discretion condone the delay by the Applicant in payments as per Payment Plan
and other lawful charges as notified by the Company on the condition that the Applicant shall
pay to the Company an interest at the prevailing rate (as on the date of such payment) of SBI
Base Rate (SBIBR) + 2% accrued on monthly basis on the delayed payment from the first
succeeding day after expiry of due date of payment till the date when payment is actually made
by the Applicant. Any amount paid by the Applicant shall be adjusted first towards the interest
due on instalments and thereafter towards the overdue instalments or any other outstanding
demand payable to the Company and finally the balance, if any, would be adjusted towards the
current instalment or current dues for which the payment is made by the Applicant.
4.4 If the Applicant at any stage after the provisional allotment of the Floor wants to withdraw
his/her application submitted to the Company, for any reason whatsoever, it shall be deemed as
cancellation of the application and allotment and the Company shall be entitled to forfeit the
amount as in the case of cancellation and in the manner as stated in above clause 4.1.
5.2 The sale consideration of the said Floor does not include price for the Community Centre/Club,
recreational facilities and other amenities in the Colony/Central Park Flower Valley and the
Company has calculated the sale consideration payable by the Applicant for the said Floor only
on the basis of the Saleable Area and location of the said Floor. The ownership of such
Community Centre/Club, recreational facilities and other amenities shall remain with the
Company. The Company shall have the exclusive right to give the membership and/or usage
rights to any persons whether resident of the Central Park Flower Valley or not on such terms
and conditions as the Company may deem fit and proper. The Company as owner of such
Community Centre/Club, recreational facilities and other amenities shall have the sole and
absolute right and authority to deal in any manner including but not limited to creation of rights
in favour of any third party by way of sale, transfer, lease, mortgage, collaboration, joint venture
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operation and management or any other mode which the Company may in its sole discretion
deem fit.
5.3 The parties to this Agreement agree that any land and area in the Colony other than the said
Floor is out of scope of this Agreement. All open land, building and areas in the Colony other
than said Floor and those areas specifically earmarked for common use of the Floor
owners/occupants belong to and are possessed by the Company and all the rights in such land,
building and areas shall always solely remain vested in the Company and the Company may
deal in any manner with such land, building and areas by way of sale, transfer, lease, mortgage
collaboration, joint venture operation and management or any other mode which the Company
may in its sole discretion deem fit.
6. CAR PARKING
6.1 The Applicant shall park its vehicle at a designated place only. The Applicant agrees that the
exclusive reserved one car parking space assigned to the said Plot for exclusive use shall be
understood to be together with the floor and the same shall not have independent legal entity
detached from the said Floor. The applicant undertakes not to sell/transfer/deal with the
reserved parking space independent of the said Floor.
6.2 The Applicant has confirmed the Company prior to entering into this Agreement that he/she has
read and understood the Haryana Apartment Ownership Act, 1983 and its implications thereof
in relation to the various provisions of this Agreement and the Applicant has further confirmed
that he/she is in full Agreement with the provisions of this Agreement in relation to Haryana
Apartment Ownership Act, 1983, and shall comply and when applicable and from time to time,
with the provisions of Haryana Apartment Ownership Act, 1983 or any statutory amendments or
modifications thereof or the provisions of any other law dealing with the matter.
7.2 The Applicant has seen and accepted the tentative typical floor plan/site plan/parking plan (as
given in Annexure-3) and tentative specifications (as per Annexure- 5) and agrees that the
Company may make such variations, additions, alterations and modifications therein as it/they
may, in its/their sole discretion, deem fit and proper. The construction of the Building and the
Floor including the materials, equipment and fixtures to be installed therein shall be
substantially in accordance with the tentative specifications as given in Annexure- 5 subject to
the right of the Company to amend the specifications in order to substitute materials and
equipment or fixtures of similar quality or subject to any direction from competent authority or
due to conditions or reasons beyond the control of the Company and the Applicant agrees to this
condition. The Applicant further acknowledges that it has applied for booking of a floor with full
knowledge that the building plans for the Colony are yet to be sanctioned by the competent
authority. The Applicant authorizes the Company on his/her/its behalf to carry out such
additions, alterations, deletions and modifications in the location of the building, building plans,
floor plans etc. including the number of floors/number of buildings, as the Company may
consider necessary or as directed by any competent authority while sanctioning the building
plans or at any time thereafter till the grant of an occupation certificate.
7.3 The Central Park Flower Valley is being developed as an integrated township and the Company
is planning to increase the existing area of the township by itself purchasing of and/or
collaborating for additional land and/or by amalgamating the land (under the brand Central
Park) purchased or collaborated by other companies including its group companies for which
the zoning and lay out shall be required to be changed by the Company (if it opts to do so) in
accordance of the applicable laws, rules and regulation and the fact of which has clearly been
represented by the Company to the Applicant. The Applicant represents that he/she/they is/are
purchasing the said Floor with this specific knowledge of required change in the zoning and lay
out plan and specifically accord his/her/their consent for such change and has accepted the
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allotment of the said Floor only after clearly understanding the implication of this clause. The
Applicant also represents that he/she had the opportunity to withdraw the Application for the
allotment of the said Floor and take refund of the entire amount paid by him/her to the
Company without any deduction which he/she had deliberately not opted. The Applicant
agrees that he/she/they shall not withdraw the consent given by him/her/them in this clause
whether before or after the execution the Conveyance Deed for the said Floor. In case the
Applicant withdraws his/her/their consent in any manner for such change in the zoning and lay
out as mentioned in this clause after the execution of the Conveyance Deed for the said Floor, the
Applicant shall be liable to pay the Company a liquidated damage at the rate of Rs. 5000/-
(Rupees five thousand) per square yard of the total area of the said Floor as fair and equitable
compensation which will become payable by the Applicant on demand by the Company
however, without prejudice to the rights of the Company to enforce the cancellation of the
allotment of the said Plot and Conveyance Deed in accordance of the applicable law and
resumption of the said Floor to the Company. The condition contained in this clause shall
survive the Conveyance of the said Floor and run with the said Floor within the meaning of
Section 31 of the TP Act. In case the consent for change in zoning and layout is withdrawn by the
Applicant before the execution of Conveyance Deed for the said Floor by the Company then the
Company shall at its own option and discretion cancel the allotment of the said Floor upon such
withdrawal of the consent for change in zoning and layout as mentioned herein by the
Applicant and refund the entire amount paid by the Applicant however after deduction of EMD,
the interest for delayed payment and brokerage paid by the Company only upon subsequent
allotment of the said Floor to any third party. Further, any subsequent sale of the said Floor shall
be made by the Applicant to a new buyer only with the all the stipulations of this clause and
more specifically related to the stipulation of liquidated damages (for the withdrawal of such
consent after execution of Conveyance Deed) and the new buyer of the said Floor shall be
absolutely bound by this clause.
7.4 In alternate to change the zoning and layout as mentioned in above clause 7.2 of this Agreement,
the Company may at its own option (itself or alongwith other persons or alonwith other
companies including its group companies) obtain a separate zoning and lay out with the same
name Central Park Flower Valley or any other name as decided by it for such additional area as
mentioned in above para 7.2 and if the Company opts so for any reason whatsoever, the access
shall be used by the Company and/or such other persons and/or companies from the existing
Central Park Flower Valley including the front area on Gurgaon Sohna road for which the
Applicant accords his/her/their unconditional consent. In case the Applicant withdraws his/her
consent as mentioned in this clause for any reason before or after the execution of Conveyance
Deed for the said Floor, the Company shall have the same rights and remedy as mentioned in
above clause 7.2. The rights and obligations of the Company under this clause shall be without
waiving of its any other right under this Agreement. The condition contained in this clause shall
survive the Conveyance of the said Floor and run with the said Floor within the meaning of
Section 31 of the TP Act.
7.5 In addition to the changes as required and mentioned in the above clauses 7.2 and 7.3 the
Company shall be entitled to do suitable changes in the existing zoning, lay out and building
plans in accordance of the applicable laws, rules and regulations to give effect to the needs of the
Colony for which the Applicant accords his/her/their unconditional consent. In case the
Applicant withdraws his/her consent as mentioned in this clause for any reason before or after
the execution of Conveyance Deed for the said Floor, the Company shall have the same rights
and remedy as mentioned in above clause 7.3. The condition contained in this clause shall
survive the Conveyance of the said Floor and run with the said Floor within the meaning of
Section 31 of the TP Act.
7.6 The alterations in the floor and building plans may involve change in the position, location, size,
number, dimension, direction or area of the said Floor. If the change in area of the said Floor
results less than +10% because of such altercations or for any other reason, the Applicant shall
pay to the Company the BSP and other applicable charges at the same rate and in the same
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manner as mentioned in the Details of Payment and Payment Plan. However, if the change in
area of the said Floor after construction results more than +10% because of such altercations or
for any other reason the Company shall intimate in writing to the Applicant after completion of
construction the extent of such change/modification in the area of the said Floor and the
resultant change/modification in the total sale consideration and other charges. The Applicant
agrees to inform the Company his/her consent or objections to such change/modification in the
area of the said Floor and the resultant change/modification in the total sale consideration and
other charges within 30 days from the date of intimation by the Company failing which the
Applicant shall be deemed to have given his/her consent to such changes/modifications. The
Applicant further agrees that any increase or decrease in the area of the said Floor shall be
payable by the Applicant or refundable by the Company at the same rate per square feet as
mentioned in this Agreement. If the Applicant objects in writing to such change in the area of the
said Floor within a period of 30 days from the date of intimation by the Company, the allotment
of the said Floor to the Applicant shall stand terminated and cancelled and the Company shall
refund the entire amount received from the Applicant with an interest at the prevailing rate of
SBI Base Rate (SBIBR) + 2% after deduction the interest for delayed payment, brokerage and
other charges of non-refundable nature.
7.7 The Applicant hereby expressly declares, agrees, confirms, acknowledges and gives his/her/its
unqualified consent for making additions, alterations, constructions and for raising all further
structures at all times in case the existing FAR is increased by government/statutory authorities
and the building plans of the Company are approved / sanctioned by the competent authorities
including DGTCP. The Applicant further agrees that even after handing over the possession of
apartments in the Colony to the allottee(s), the Company shall continue to have, as before, the
right to make additional structures in the aforesaid manner, and pass on the additional FAR as
and when available / permissible by the concerned authority, on the next/adjoining phase/
area, adjoining the present land or any other area under / left for development in Central Park
Flower Valley. The Company shall be entitled to connect the electric, water, sanitary and
drainage fittings on the additional structures with the existing electric, water, sanitary and
drainage sources, but at its own cost. The Applicant hereby gives free and unqualified consent to
the same and agrees that he/she/it shall not raise any objection or claim any reduction in price
of the said Floor agreed to be acquired by him/her/it and / or withhold the payment of
maintenance and other charges when demanded by the Company/Maintenance Agency and
shall not be entitled to or claim any compensation or damages on the ground of inconvenience or
any other ground, whatsoever.
8. POSSESSION
8.1 The Company shall endeavour to handover the possession of the said Floor to the Applicant
within a period of _____ months with a grace period of another ___ ( ___) months from the date
of the Agreement subject to timely payment of sale price, other charges as per Details of Payment
(Annexure 1), Payment Plan (Annexure 2) and all other payments as per terms of this
Agreement including payment of interest by the Applicant. In case of default in aforesaid
payments by the Applicant or violation or noncompliance of any term of this Agreement, the
Applicant shall not be entitled to claim and the Company shall not be bound to give the
possession of the said Floor as per this clause. Further the handover of the possession of the said
Floor in accordance of this clause shall be subject to Force Majure circumstances as defined in
clause 20 of this Agreement or directions of Government/statutory authorities or any change in
the laws, rules and regulations which are beyond the control of the Company.
8.2 In the event, the Applicant fails to take possession of the said Floor within 60 (sixty) days from
the date of offer in writing by the Company to take such possession, the Applicant shall be liable
to pay the holding charges to the Company @ Rs. 5/- per square ft. per month on the entire
Saleable Area of the said Floor (“Holding Charges”) to be calculated from the first date after
expiry of aforesaid 60 days for the entire period for which the Applicant fails to take the
possession of the said Floor. The Holding Charges shall be a distinct charge in addition to the
maintenance charges and not related to any other charges/consideration as provided in this
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Agreement. In case the Applicant fails to take the possession for 3 months from the date of offer
of possession of the said Floor, the Company shall be entitled at its own discretion to cancel the
allotment of the said Floor to the Applicant and refund the amount paid by the Applicant after
deduction of EMD, brokerage, interest payable, holding charges and maintenance charges (till
the date of such cancellation) only upon subsequent allotment of the said Floor to any third
party.
8.3 In the event, the Company fails to offer the possession of the said Floor in terms of above
clause 8.1, the Company shall be liable to pay the compensation to the Applicant on the same
rate of interest being charged by the Company upon late payment as mentioned in foregoing
clause 4.3 .i.e. the prevailing rate (as on the date of such payment) of SBI Base Rate (SBILR) + 2%
on monthly basis on the entire area of the said Floor for the period of delay in handing over the
possession of the said Floor and the Applicant and Company agree that such compensation is
sufficient and proper estimate of damages which the Applicant may suffer because of such delay
and the Applicant shall not be entitled to claim any other compensation, interest etc. from the
Company for the delay as mentioned under this clause. The amount of compensation payable to
the Applicant as mentioned herein shall be adjusted at the time of offer of possession of the said
Floor to the Applicant.
8.4 The Company shall be responsible to provide one time basic infrastructure of internal roads,
water lines, sewer lines and electricity lines inside the Colony. However, the external facilities
and infrastructure outside the Colony and Central Park Flower Valley township which has to be
provided by government/municipality and its agencies such as access road to the township,
main sewer line, main water line, electricity line, storm water drains etc. are not the
responsibility of the Company and are beyond the scope of this Agreement and if such facilities
are not constructed by the government/municipality or its agencies at the time of offer of
possession of the said Floor, the Applicant shall not entitled to claim any compensation from the
Company.
8.5 That the Applicant has fully understood and agree that the allottee(s) of second floor shall have
mere right of usage of the designated part of the terrace (with separate entry) only. Other part of
the roof/terrace will be used for common services. Similarly, the allottee(s) of ground floor shall
have the right of usage of front and rear lawn and verandah. The Applicant, if being allottee of
second floor or ground floor, undertakes that he/she shall not construct any structure
whatsoever on the terrace or lawn or verandah in future even if the FAR is increased on the plot
on which the said Floor is situated. The Applicant also agrees that he/she shall not violate rules
and regulations as may be applicable to the building/said Floor.
8.6 Upon the Applicant taking possession of the Apartment as per clause 8.1 above, the Applicant
shall have no claim against the Company in respect of any item or work in the said Floor which
may be alleged not to have been carried out or completed or for any design, specifications,
building materials used or for any other reason whatsoever. However, any inherent defects such
as leakages etc. shall be remedied by the Company provided the same have been notified by the
Applicant within a period of one year from the date of completion as per the certificate of the
architect or letter of offer of possession whichever is earlier. The Applicant shall be entitled to the
use and occupation of the said Floor without any interference from the Company subject,
however, to the terms and conditions stipulated and contained herein, the Maintenance
Agreement, Handbook of Rules and Regulations for residents of floors in the Colony and code of
conduct as mentioned in Annexure 6.
9. MAINTENANCE
9.1 The Applicant agrees that he/she is purchasing the said Floor for the purpose of community
living in the Colony and the community living requires the proper maintenance of common
areas and necessary services. Therefore, the Applicant agrees to sign a maintenance agreement
with the Company and/or its nominated maintenance agency for the maintenance of the
common areas of the Colony including internal roads, sewerage, water pipes, internal drainage,
garbage clearance, street lights, horticulture, landscaping etc. but all outside the said Floor. Any
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maintenance inside the said Floor, area of designated terrace, lawns and verandah shall be sole
responsibility of the Applicant. In the event the Applicant refuses to sign the Maintenance
Agreement before the handing over of possession of the said Floor to the Applicant, his/her/its
allotment is liable to be cancelled and Company shall have the right to forfeit the Earnest Money
Deposit, any interest paid/payable, brokerage and any other amount of a non-refundable nature
while refunding the rest of the amount paid by the Applicant without interest. The Company
reserves the right to change, modify, amend, impose additional conditions in the Maintenance
Agreement at the time of its final execution i.e. before handing over the possession of the said
Floor.
9.2 The Applicant shall pay the maintenance charges including charges for water as per
maintenance bills raised by the nominated maintenance agency/Company for maintaining the
common areas and facilities as mentioned in above clause 10.1 on pro rata basis. The
maintenance charges shall be paid by the Applicant to the maintenance agency/Company from
the date of offer of possession of the said Floor to the Applicant irrespective of the fact that
whether the Applicant actually has taken over the possession of the said Floor or not. Such
maintenance charges shall be paid by the Applicant till the time the maintenance services are
handed over to the government or any local statutory body. Further, the maintenance charges
shall be payable by the Applicant on monthly/quarterly basis as decided by the Company or its
nominated agency. The Parties to this Agreement further agree that the basis of pro rata shall be
total sold/allotted Floors and not the total Floors in the said Colony. In case the water is
supplied through separate meter, the Applicant shall pay the water charges as per reading of
water meter at the rate as decided by the Company or maintenance agency.
9.3 In order to keep the Colony well maintained, the Applicant shall pay the maintenance charges
(excluding electricity and water charges) for 12 months in advance upon offer of possession of
the said Floor by the Company. The advance maintenance charges shall be payable on estimated
basis and in case of shortfall because of increased actual maintenance cost, the Applicant shall be
liable to pay such shortfall on pro rata basis.
9.4 The Applicant specifically agrees that he/she shall be entitled to use the common areas and
other facilities in the Colony subject to timely payment of the aforesaid maintenance charges. In
case of default in payment of such maintenance charges by the Applicant on or before the due
date, the Company or its nominated agency in addition to its other legal rights shall have the
right to restrict the Applicant or any person claiming under the Applicant to use the common
areas and facilities and stop the electric supply to the said Floor till the time he/she clears all
outstanding dues of maintenance charges alongwith interest/penalty, if any, for such delay
imposed by the maintenance agency so that the other residents do not suffer because of default
of the Applicant.
9.5 The Applicant agrees to deposit and always keep deposited with the Company as per Details of
Payment and Payment Plan a non refundable Interest Free Maintenance Security Deposit
(hereinafter “IFMSD”) calculated at the rate of Rs. -____/- (Rupees only) per square feet on the
total Saleable Area of the said Floor to secure the adequate provision of the maintenance of
common areas and facilities and also to secure the payment of the maintenance charges,
electricity charges and other charges as raised by the maintenance agency and payable by the
Applicant.
9.6 The Applicant authorizes the Company and/or maintenance agency to adjust and use the
amount of IFMSD against unpaid amount of maintenance, electricity and other charges. If due to
aforesaid adjustment the amount of IFMSD falls below the total amount of IFMSD deposited and
to be kept deposited by the Applicant to the extent as mentioned in above clause 10.5, the
Applicant shall make good the resultant short fall within 15 days from the date of the written
demand by the Company and/or maintenance agency to do so and the Company and/or the
maintenance agency shall have the right to recover it.
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9.7 The increase in the cost of maintenance of the Colony because of inflation or any other reason
may compel and require to increase the amount of IFMSD and in such circumstances the
Applicant agrees to pay such increased amount of IFMSD on demand by the Company and/or
the maintenance agency as the case may be.
9.8 Upon handing over the maintenance of the Colony, the amount of the IFMSD may be transferred
to the maintenance agency for performance of the obligations as mentioned in the above clauses
and upon such transfer the Company shall be completely absolved/discharged of all its
obligations and responsibilities with respect to the IFMSD. At all times, maintenance of the
common areas and facilities of Colony shall be carried out by an agency which is well equipped
with the trained manpower and proper infrastructure to provide the maintenance services.
9.9 The Applicant agrees that as and when any equipment including but not limited to DG Sets,
electric sub-stations, pumps, fire fighting equipment, any other plant/equipment of capital
nature require the replacement, up gradation or additions then the cost thereof shall be
contributed by the Applicant on pro-rata basis alongwith all other floor owners of the Colony.
The Company and/or maintenance agency shall have the sole authority to decide the necessity
of such replacement, up gradation or additions including its timing or cost thereof and the
Applicant agrees to abide by the same.
9.10 The Applicant shall permit the Company/ Maintenance Agency and their surveyors and agents
with or without workmen and others at all reasonable times to enter into and upon the said
Floor or any part thereof to view and examine the state and condition thereof and make good
anything necessary to be attended to within a reasonable time from the date of receipt of written
notice to the Applicant. However, in case of emergency no such notice shall be required to be
given to the Applicant.
9.11 The Company/maintenance agency shall have the first charge/lien on the said Floor in case of
non-payment of maintenance charges, electric charges and shortfall in IFMSD and shall have the
right to enforce such lien for recovery of such non-payment of maintenance charges, electric
charges and shortfall in IFMSD.
9.12 The Applicant shall not assign, transfer or sell the said Floor without taking “No Dues
Certificate” from the Company and/or its nominated maintenance agency regarding the
maintenance charges payable by the Applicant for the services of maintenance in the Colony.
9.13 Upon transfer of the maintenance and upkeep of the Colony to the government or any local
statutory body or any association, the tripartite maintenance agreement executed with the
Applicant shall become null and void and rescinded. After completion of the development of the
Colony or completion of sale of the 95% of the floors of the Colony whichever is later, the
maintenance of the Colony may be transferred to the legitimate Resident Welfare Association
(RWA) of the Colony, if the applicable laws permit to do so. In case the infrastructure of the
Colony is statutorily required to be maintained by the Company for any fixed period of time or
subject to fulfilment of any statute condition then the maintenance of the Colony cannot not be
handed over to RWA till such time or till fulfilment of the statute condition despite the fact that
the development of Colony or sale of the 95% of the floors of the Colony is completed.
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creating the infrastructure like HT feeder, EHT sub station etc., failing which the same shall be
treated as unpaid portion of the total sale price payable by the Applicant for the said Floor and
the conveyance for transfer of the title of the said Floor shall be withheld by the Company till
full payment thereof is received by the Company/maintenance agency from the Applicant.
10.3 The Company shall provide the facility of power back up in the Colony and the load/extent of
power back up upto ________KV. The Applicant agrees to take connection of the power back up
facility in accordance of this clause. The Applicant also agrees to pay the proportionate share as
determined by the Company or maintenance agency, as the case may be, for creating the
infrastructure including equipment for providing the facility of power back up, failing which the
same shall be treated as unpaid portion of the total sale price payable by the Applicant for the
said Floor. In case the Applicant needs extra power back up, the Company at its own discretion
may provide such extra power back up however subject to availability and on payment of such
charges as may be decided by the Company.
10.4 The Applicant shall pay the Company/maintenance agency the charges for consuming the
electricity supplied through power back up on monthly basis and as per readings of electricity
meter to be installed by the Company/maintenance agency at the cost of Applicant. The rates of
the power back up facility shall be calculated after taking into account of cost of diesel, spares,
depreciation, repairs, wear and tear, other consumable etc. Failure to pay the charges for power
back up shall entitle the Company or the maintenance agency to cut the supply of the electricity
to the said Floor.
11.2 In order to maintain security and safety in the Colony and its occupants, it shall be mandatory
for the Applicant to duly intimate to the Company or its nominated agency about any further
transfer (after Conveyance Deed) of the said Floor by way of sale, lease or otherwise and to
register its contractors, servants, drivers or staff till the time the maintenance of the Colony is
handed over to a legitimate Resident Welfare Association of the Colony.
11.3 The Applicant agrees and undertakes to use the said Floor only for residential purposes and not
for commercial purpose or for illegal/immoral purpose or in any manner that may cause
nuisance or annoyance to other floor owners in the vicinity or is detrimental to the public
interest.
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12. TRANSFER AND NOMINATION
12.1 The Company may at its sole discretion and as per its policies allow the Applicant to get the
name of his/her nominee substituted on his/her place or added the name of his/her nominee or
deleted his/her name from the allotment of the said Floor with the prior approval of the
Company and subject to terms, conditions and payment of charges as may be imposed and
prescribed by the Company from time to time. The terms, conditions and amount of charges for
nomination/assignment/substitution/addition/deletion/transfer can be raised/changed at any
time at the sole discretion of the Company.
12.4 The Applicant shall be solely responsible and liable for all legal, monetary or any other
consequences/claims that may arise from the nomination/assignment/substitution/
addition/deletion of his/her name or transfer of the allotment of the said Floor to any third
party. Further, such nomination/assignment/substitution/addition/deletion/transfer shall be
subject to any applicable laws, rules and regulations.
14.2 If the Applicant has raised the loan for acquiring the said Plot from any financial
institution/bank, the sale deed in favour of the Applicant shall be executed only upon receiving
the no objection from such financial institution/bank.
14.3 In case of cancellation of allotment of the said Floor on any account whatsoever, any amount
which becomes refundable under the terms of this Agreement after the forfeiture of EMD and
other amounts as aforesaid would be refunded to the concerned financial institution / bank of
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the Applicant towards repayment of his/her loan in relation to the said allotment if such
financial institution/bank demands the same from the Company.
15.2 The Applicant hereby agrees that he/she shall comply with all the laws rules and regulations or
directives of the Development Authority/ Municipal Authority/Government or any other
Competent Authority in respect of the said Floor and the Applicant shall keep Company
indemnified, secured and harmless against all costs, claims, loss, penalty and consequences and
all damages, arising out on account of non-compliance with the said laws rules and regulations
or directives etc. after the offer of possession of the said Floor to the Applicant.
15.3 The Applicant shall also comply with the Code of Conduct that may be determined by the
Company for the use and occupation of the Floor in the Colony.
15.4 The Applicant, if resident outside India shall be solely responsible to comply with the necessary
formalities as laid down in the Foreign Exchange Management Act, 1999 (FEMA), rules and
regulations of the Reserve Bank of India and other applicable laws, rules, regulations and
notifications including that of remittance of payment, acquisition, sale, transfer etc. of the said
Floor and provide the Company attested copy of such permissions and approvals. The Applicant
shall also furnish declaration, if required, in the prescribed format to the Company. The
Applicant indemnifies and shall always keep indemnified the Company against any loss, claim
or liability which the Company may incur because of noncompliance of applicable laws, rules
and regulations by the Applicant as mentioned under this clause.
17.2 If the taxes, charges, rates and cess as mentioned in above clause17.1 of this Agreement are
increased whether from retrospective or prospective effect after execution of the Conveyance
Deed, then these charges shall be treated as unpaid sale consideration of the said Floor and the
Company shall have lien on the said Floor till the time such taxes, charges, rates and cess are
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paid by Applicant to the Company. The Applicant has agreed to pay such charges as and when
demanded by the Company.
(a) act of god which includes fire, drought, earthquake, natural disaster etc.;
(b) war, riots, activities of terrorism or civil commotion;
(c) strikes, lock out and industrial disputes;
(d) non availability of necessary infrastructure facilities viz. roads, water, power, sewer lines to
be provided by government for carrying out development activities;
(e) non availability of cement, steel or other construction material due to any reason not
attributable to the Company which may be required for creating infrastructure inside the
colony;
(f) the promulgation of or amendment of any law, rule, regulation or the issue of any injunction
by court or any statutory authority;
(g) Refusal or withdrawal or cancellation or withholding of grant of any necessary approvals by
any authority for the said Colony for any reason other than the noncompliance by the
Company.
(h) Non availability of labour
In case the delivery of possession of the said Floor is delayed by reason of Force Majeure
circumstances, the Company shall be entitled for the extension of delivery of possession of the
said Floor to the Applicant for such delayed period and the Applicant shall not be entitled to
any claim, compensation or such delay. In case the Force Majeure circumstances continued for
a long period then the Company shall be entitled to terminate this Agreement and the liability
of the Company shall be limited to the refund of amount paid by the Applicant but without
damages, interest or compensation.
21. ARBITRATION
All disputes with respect of the Term & Conditions stipulated herein, including the
interpretation and validity of the provisions hereof and the respective rights and obligations of
the parties shall be settled through arbitration. The provisions of Arbitration and Conciliation
Act, 1996 shall apply and a sole arbitrator shall be appointed by the Company in this regard.
The decision of the Arbitrator shall be final and binding on the parties. The venue of arbitration
shall be Delhi and only the courts at Delhi shall have the jurisdiction in all matters arising out
of this Application, Provisional Allotment Letter and the agreement to sell / Floor buyer
agreement or any other Agreement / Document executed between the Applicant and the
Company.
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22. JURISDICTION
The rights and obligations of the Applicant and Company under or arising out of this
Agreement shall be construed and enforced in accordance with the laws of India. Subject to the
above clause 22 for the Arbitration, the parties to this Agreement shall submit themselves to the
jurisdiction of the Courts at Delhi only for all matters arising out of or in connection with this
Agreement regardless of the place of execution or subject matter of the Agreement.
23. MISCELLANEOUS
23.1 The parties to this agreement agree that if the Applicant fails to execute both the copies of the
Floor Buyer’s Agreement and return them thereafter (for any reason whatsoever) to the
Company within 30 days from the date of the communication to do so by the Company, then
the allotment of the said Floor shall stand cancelled at the sole discretion of the Company and
the EMD and other charges of non refundable nature shall stand forfeited to the Company and
the Applicant shall be left with no right, interest or claim in the allotment of the said Floor or
the said Floor itself. The Company shall not be liable to pay any compensation or interest or
any costs whatsoever to the Applicant upon such cancellation.
23.2 The Company has made it clear and the Applicant understands and agrees that the township
projects take time and the entire Central Park Flower Valley township will be executed in
phases and it may be carrying out extensive development/construction activities for many
years in future in Central Park Flower Valley making use of roads, infrastructure and facilities
and that the Applicant further agrees that he/she shall not raise any objection or make any
claim or default in making payments on account of inconvenience, if any, which may be
suffered by him/her due to such development/construction activities or incidental or any
other related activities.
23.3 The Applicant agrees not to park any vehicle(s) on the pathway or in open space of the Colony
or any other pace in the Central Park Flower Valley Town ship except the designated place. The
Company or its nominated agency shall have the power to remove and/or fine any
unauthorised parking. The Applicant further undertakes to adhere to the speed limits
prescribed by the Company or any other authority.
23.4 All the provisions of this Agreement and the obligations arising hereunder in respect of the
said Floor shall be equally binding on and enforceable against any and all future
buyers/assignee of the said Floor as such obligations will go along with the said Floor for all
intents and purposes.
23.5 The Company may in its sole discretion appoint project management consultants, contractor,
service providers etc. directly or by assignments of rights through joint ventures, Limited
Liability Partnership or by sale of unsold Floors, plots, sites, commercial complexes, sites etc.
23.6 The parties to this Agreement agree that in case the Real Estate (Regulation & Development)
Bill is passed by the Parliament of India and/or Haryana State Legislature Assembly then any
change in the Agreement as required by this new Act or other similar Act or any directive of
quasi judicial or judicial or by directives of the government, shall be additionally incorporated
in the Agreement.
23.7 The terms and conditions of this Agreement shall be broadly incorporated in the Conveyance
Deed or shall form part thereof. The Conveyance Deed shall also contain such other terms and
conditions that may be considered and proper by the Company. The Applicant agrees that
unless a Conveyance Deed is executed in his/her favour, Company shall have exclusive right
and possession of the said Floor and Colony.
23.8 Failure on the part of the Company 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.
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23.9 If any term, provision, agreement, covenant or restriction of this Agreement is held by a court
of competent jurisdiction or by any law to be invalid, void or unenforceable, the remainder of
the terms, provisions, agreements, covenants and restrictions of this Agreement shall remain in
full force and effect.
23.10 The captions/headings in this Agreement are for convenience of reference only and shall not be
used in, and shall not affect the construction or interpretation of this Agreement.
I/We have fully read and understood the above mentioned Key Indicative Terms and Conditions and
agree to abide by the same. I/We understand that the terms and conditions given above are of
indicative nature with a view to acquaint me/us with the terms and conditions as comprehensively
set out in the Floor Buyer Agreement which shall supersede the terms and conditions set out in this
Application.
Date __________________
Place __________________
_______________________
Signature of the Applicant(s)
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FORM 60
Form to be filled by a person who does not have a permanent account number and who enters into
any transaction specified in rule 114B.
5. If yes,
i. Details of Ward / Circle / Range where the last return of income was filed?
Verification
I, do hereby declare that what is stated above is true to the best of my knowledge and belief.
Verified today, the ………………….. day of………………………
……………………………
Place:
Date:
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CHECK LIST
[For Documents to be attached with Application Form]
C. In case of Company
i. Certified copy of Memorandum/Articles of Association.
ii. Certified copy of Board Resolution authorizing the Signatory
iii. Certified copy of Pan Card
iv. Certified Copy of Form 18 for proof of Registered Office Receipt of Filling
v. List of Directors with Address
In case the Earnest Money is to be remitted from a foreign country by Non Residents and Foreign
Nationals, the Banker’s Draft should be in Designated Currency i.e. US $, UK £, Euro, Singapore
Dollar, Hong Kong Dollar, Canadian Dollar, Australian Dollar etc. for equivalent Rupee value and
should be accompanied by a certificate from the issuing Branch specifying the purpose for the
payment.
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