·         The Allottee has seen, understood and accepted layout plan, specifications, amenities and facilities of the whole project annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.

·         Schedule for possession of the said Villa(s) /Apartment(s):– The Promoter agrees and understands that timely delivery of possession of the Villa(s)/apartment(s) to the Allottee and the common areas to the Maintenance Society is the essence of the Agreement. If the allottee defaults in paying any demand as per the payment plan along with all the other taxes, duties and charges, he shall not be entitled to enforce the timeline of project completion and shall not be entitled for interest and compensation for delay in completion of the project. Therefore, subject to the timely receipt of payment of price and the other amounts from the allottee as per this agreement, the Promoter assures to handover possession of the villa/apartment along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on _AS PER RERA, (scheduled completion date) unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature effecting the regular development of the real estate project (“Force Majeure”) or there is a delay due to any reasonable circumstances. If, however, the completion of Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the villa/apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented, in such an event the promoter shall not be liable to pay any penalty/interest/compensation to the allottee due to such force majeure.

·         Procedure for taking possession:-The Promoter, on or before the deemed completion or upon obtaining the Occupancy certificate/completion certificate from the competent authority which ever is earlier shall vide “offer letter” offer the possession in writing of the Villa(s)/apartment(s) with demand of all the outstanding dues, sinking fund/maintenance fund, Interest (if any) and stamp duty, registration charges and documentation charges, other incidental charges. Further, the promoter shall subject to the payment of entire dues, execute and register a conveyance deed and convey the title of the villa/apartment and also handover the possession of the villa/apartment to the allottee within 2 months from the date of offering the possession to the allottee subject to realization of entire dues.

That before taking possession of the villa/ apartment the allottee shall be liable to pay Sinking fund as determined by the promoter/ maintenance society as the case may be.

Provided that in order to afford the transfer of title and handing over the possession of the villa/apartment in an expeditious manner to the allottee and in order to afford the availability of villa/apartment in time to the allottee, the promoter may offer for registration of the conveyance deed and transfer of possession to the allottee before obtaining the completion / occupancy certificate as the case may be as per the provisions prescribed under the Act and local laws.

It shall be the duty of the allottee to adhere to the prescribed time line for payment of dues and execution and registration of sale deed.

·         After taking possession or the expiry of 2 months from the deemed  date of project completion or  issue of completion certificate, whichever is earlier, the allottee shall be liable to pay maintenance charges as determined by the promoter/maintenance society.

·         The Promoter on receipt of Total Price of the Villa/Apartment (Including interest on delayed payment and other charges as stated in para (v) of Clause 1, as applicable) under the agreement from the allottee, shall execute a conveyance deed and convey the title of the Villa(s)/Apartment(s) to the allottee together with proportionate indivisible share in the Common Areas to the Maintenance Society within 3 months from the date of issuance of the completion certificate or deemed date of completion whichever is earlier as the case may be:

·         Provided further that, in case the Allottee(s) fails to deposit the stamp duty, registration charges within the period mentioned in the demand notice, letter, the Allottee(s) authorizes the Promoter to withhold registration of the conveyance deed in his/her favor and promoter may refuse to hand over the possession of Villa/Apartment to the Allottee(s) till payment of stamp duty and registration charges to the promoter is made by the Allottee(s).

·         Subject to Term 7 above, the Allottee(s) shall, after taking possession, be solely responsible to maintain the said Villa(s)/Apartment(s) at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in or to the said Villa(s)/ Apartment(s),or the common passages, circulation areas, atrium or compound which may be in violation of any laws or rules of any authority or change or alter or make additions to the said Villa(s)/Apartment(s), and keep the said Villa(s) /Apartment(s),its walls and partitions, sewers, drains, pipes and appurtenances thereto or belonging thereto in good and tenantable repair and maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the Villa(s) /Apartment(s) is not in any way damaged or jeopardized.

·         The Allottee shall also not change the color scheme of outer wall or painting of the exterior side of windows or carry out any change in the exterior elevation or design as the Villa(s) /Apartment(s) have some basic features like uniform elevation, outside colour scheme of exposed walls, independent villa with parking space to maintain uniformity and aesthetic sense of Said Project. It shall be preserved and maintained for all time and Allotttee(s) shall not be entitled to alter/change its basic features in any manner whatsoever.

·         Further, the Allottee shall not store any hazardous or combustible goods in the Villa(s) /Apartment(s) or place any kind of thing, articles, goods or heavy material in the common passages, pavements, Streets, open compound and the Promoter/AOA shall be entitled to remove the same without giving any notice to the Allottee and to take them in its custody at the cost, risk and responsibility of the Allottee. The Promoter/AOA shall have the authority to dispose off the same without any notice or accountability to Allottee and no claim of any sort whatsoever shall be made by the Allottee against the Promoter in respect of such goods/things. The allottee shall also not remove any wall, including the outer and load bearing wall of the Villa(s) /Apartment(s).

·         The allottee shall plan and distribute its electrical load in conformity with the electrical systems installed by the promoter and there after the association of allottees and /or maintenance agency appointed by association of allottee. The allottee shall be responsible for any loss or damages arising out of breach of any of the aforesaid condition.

·         The Allottee understands and agrees that the said ownership rights in the Villa(s) /Apartment(s) shall be sold to the Allottee only for the specified purpose of being used as residential unit subject to the specific condition that the Allottee shall have no right to use the Villa(s) /Apartment(s) for the business, workshop, factory, bar, gambling house/lodging house, noisy, offensive, obnoxious, immoral or for any illegal purposes. The Allottee has further specifically agreed that he shall not himself use or permit any other person to conduct any activity that disrupts the harmony of the society and to use the Villa(s) /Apartment(s) for the purpose other than that for which the Villa(s) /Apartment(s) is being sold to him. In the case of violation of this condition the Promoter/AOA shall be entitled to take steps to enforce the conditions laid down in this clause apart from their right to claim damages from the Allottee and the right to take such other action or seek such other legal remedy as the Promoter/AOA may decide for restraining the Allottee from making a use prohibited by this Agreement.

·         The Allottee shall not use the said villa/apartment(s) and/or Common Area / Common Parts/ Facility in the project for any purpose, which may or is likely to cause nuisance or annoyance to owners/occupants of other villa(s) /apartment(s).

·         The Allottee shall not do or suffer anything to be done in or about the said villa/apartment which may tend to cause damages to any Common Area/ Roads/ passage in the Villa(s) /Apartment(s) or in any manner interfere with the use thereof or of any open space, garden/park, passage or amenities available for common use.

·         The Allottee shall not at any time demolish the structure of the said Villa(s) /Apartment(s) or any part thereof and not make or cause to be made any additions or alterations of whatever nature to the said Villa(s) /Apartment(s) or any part thereof. The allottee may, however, make changes in the said Villa(s) /Apartment(s) and other internal alterations and additions as per the terms of this agreement or the maintenance agreement, as the case may be, without causing damage or harm to the main structure as well as the ceiling of said Villa(s) /Apartment(s) & architectural aspect thereof but only with the prior approval/consent of the Promoter in writing. Provided that if any such additions or alterations, require the prior approval or permission of any municipality or any other local body or government authority, the Allottee shall not carry out such additions or alterations or erections without obtaining the prior permission or complying with such rules and regulations of such Municipal or local body or Government Authority and getting such sanction/ permission on payment of fee, tax, etc.

·         That the allottee shall carry out day-to-day maintenance of the said Villa(s) /Apartment(s) and fixtures and fittings installed therein including painting, polishing of interiors, electrical fittings & maintenance, plumbing, sewer drainage, cleaning & maintenance of the said Villa(s) /Apartment(s) at its own costs without affecting and disturbing other occupants.