APPLICATION FORM Date of Booking: TATA VALUE … · APPLICATION FORM Date of Booking: Customer ID...

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APPLICATION FORM

Date of Booking:

Customer ID No.:

Sales Order No.:

To,

TATA VALUE HOMES LIMITED

Times Tower, 12th Floor, Kamala Mills Compound,

Senapati Bapat Marg, Lower Parel (W), Mumbai 400013.

Dear Sir,

I/We the Applicant (s) request/offer that I/we wish to register my/our interest a for provisional allotment of a

Residential Apartment (as mentioned in this Application Form) in the Complex SANTORINI situated at

Kuthambakkam, Taluka Poonamallee and District Thiruvallur in Tamil Nadu bearing survey numbers 457/3D,

451, 453, 455, 457/1, 457/2A, 457/3A, 457/3B, 457/3C, 457/3D, 457/3E, 459/1, 459/2, 459/3C, 459/3D,

459/4, 459/5, 459/6, 460/1, 460/2A, 460/2B, 460/4, 465/2, 466/1B, 470, 471/1, 471/2, 471/3, 472/1, 472/2,

472/3, 473/1A1, 473/1A2, 473/1B, 478/1A, 478/1B, 478/2A, 478/2B, 478/2C, 478/2D, 478/3A, 478/3B, 479/1,

479/2, 479/3, 480, 481 (hereinafter referred to as the “said Project” to be developed by TATA VALUE

HOMES LTD [Formerly known as ‘Smart Value Homes Limited’] (hereinafter referred to as “ DEVELOPER”).

I/We remit herewith a sum of Rs. (Rupees

only) drawn on

Bank, vide Cheque / Demand

Draft No. dated in favour of “_____________ Project

Sales Proceeds A/c” payable at par as ‘Application Money’ [taxes extra].

I/We are making this application with the full knowledge that the Developer has obtained all necessary

approvals from the competent Authorities for the development of the said Project.

I/ We have clearly understood that this application does not constitute an Agreement for Sale and I/We do not

become entitled to the provisional and/or final allotment of the Residential Apartment notwithstanding the

fact that DEVELOPER may have issued a receipt in acknowledgement of the Application Money tendered

with the application and encashed the same.

I/We have clearly understood and agreed that this application form will be processed by DEVELOPER only

after payment/realisation of Application Money of Rs. (Rupees _________

_______________________________________________________________________________only)

as specified in the Payment Schedule together with application form complete in all respects.

(Please fill in relevant portions of this APPLICATION FORM for Individual/Joint or Other Entity. Strike out

portions that are not applicable and deposit this APPLICATION FORM in full.)

D D M M Y Y Y Y

Signature of Sole/First Applicant Signature of Joint/Second Applicant

FIRST APPLICANT

Name:

Guardian’s Name (if minor):

Date of Birth: Gender: Male Female

Marital Status: Single Married

Wedding Anniversary:

Nationality:

Occupation:

IT PAN:

Residential Status: Resident Non Resident Indian (NRI) Person of Indian Origin (PIO)

Correspondence Address:

Email:

Permanent Address :

Employment Type: Salaried Self employed

Profession / Job Title:

Company Name:

City Pin CodeState

City Pin CodeState

D D M M Y Y Y Y

Mr./Mrs./Ms.

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

(Mandatory)

I wish to receive all communications including demand letters from DEVELOPER via email as mentioned hereinabove.

FULL NAME, in CAPITAL Letters (In the order of First, Middle and Last Name, leaving a space between words)

(Please leave a space between each part of the address)

Phone: Home Work

Mobile

Phone: Home Work

Mobile

Tick here if same as correspondence address

2Signature of Sole/First Applicant Signature of Joint/Second Applicant

D D M M Y Y Y Y

Name:

Relation with the First Applicant:

Guardian’s Name (if minor):

Date of Birth: Gender: Male Female

Marital Status: Single Married

Wedding Anniversary:

Nationality:

Occupation:

IT PAN:

Residential Status: Resident Non Resident Indian (NRI) Person of Indian Origin (PIO)


Email:

Permanent Address :

Employment Type: Salaried Self employed

Profession/ Job Title:

Company Name:

City Pin CodeState

City Pin CodeState

D D M M Y Y Y Y

Mr./Mrs./Ms.

(Mandatory)

I wish to receive all communications from DEVELOPER via email as mentioned hereinabove.

Tick here if same as correspondence address

FULL NAME, in CAPITAL Letters (In the order of First, Middle and Last Name, leaving a space between words)

Phone: Home Work

Mobile

Phone: Home Work

Mobile

SECOND / APPLICANTJOINT



D D M M Y Y Y Y

COMPANY AS AN APPLICANT

Name of Company/ Firm/ Trust :

Date of Incorporation:

Registered Office Address:


Name & Designation of the contact person:

Phone: Home Work

Mobile

Email:

Company PAN Card (Mandatory):

City Pin CodeState

(Tick if same as correspondence address.)


City Pin CodeState

D D M M Y Y Y Y


The Applicant(s) shall mean and include his/her/their/heirs, executors, administrators, successors and legal representatives.

I / We opt for escalation-free price

(clause 6B not applicable)

I / We opt for price subject to escalation

(as mentioned in clause 6B)

PAYMENT PER RESIDENTIAL APARTMENT

(i) Rs.

(ii) Club House Development Charges Rs.

(iii) Infrastructure Development Charges [IDC] Rs.

(iv) Deposits & other charges As mentioned in Annexure ‘A’

(v) Source of Funds Self Finance Rs. __________________Loan Required Rs. ________________If loan , Kindly mention the amount of loan sought Rs.___________________)

(vi) Source of Booking Direct : _____________________Broker Name : _______________Sales Associate : _____________Name : _____________________

(vii) Whether the Applicant/s is/are an employee ofTATA Group?

(viii) If yes, provide a copy of the I- Card / proof of identity

Sales Price

Yes No

*PROVISIONAL BOOKING FOR THE RESIDENTIAL APARTMENT:

* Note: Each allotted Residential Apartment will be registered individually

Sr. Apartment Carpet area Saleable areaNo. Type [sq. ft.] [sq. ft.]

(i)

(ii)

(iii)


Signature of the Applicant/s

Signature of the Applicant/s

RELATIONSHIP WITH THE DIRECTOR/S OF DEVELOPER ORTHE ENTITY/S IN WHICH SUCH DIRECTOR/S IS/ARE INTERESTED*

Whether the Applicant/s is Director or related to any of the

director/s of DEVELOPER? Yes No

If yes, then kindly provide details in Annexure ‘B’

Bank account details for refund [in case of non-allotment of the Residential Unit(s)]

Name of account holder:

Bank account number:

Bank name:

Branch location:

City:

MICR Code:

IFSC Code:


1. Application money via Demand Draft/ Pay Order / Cheque.

2. Name of the Applicant(s) and the Application Number behind the Demand Draft/Pay Order/Cheque and all supporting documents. Authorization /POA to be duly attested where a person is signing the Application.

3. PAN. & copy of PAN Card / Undertaking.

4. Copy of Company Identification Number (CIN) and Certificate of Incorporation.

5. Email ID and Mobile No of the Applicant[s]/ Second Applicant

6. Proof of residence (Ration card/Adhaar Card/ electricity bill/ phone bill/ driving license/ voter’s identity card).

7. Relationship disclosure/s made in Annexure B

8. If the Applicant/ Co-applicant are an NRI, they are required to furnish a true copy of their valid Passport.

9. If the Applicant/ Co-applicant are a PIO, they are required to furnish a true copy of their valid Passport & document evidencing PIO status.

10. Other Entities, i.e. a Body Corporate incorporated in India or Partnership firm or Hindu Undivided Family (HUF) or any other Association of Persons (AOP) recognized as a legal entity under any law in India (copy of Certificate of Incorporation or copy of Registration Certificate, as the case may be, as also a copy of the Income Tax Permanent Account Number Card (PAN Card). Also copy of Memorandum of Association (MOA), Board Resolution, and Power of Attorney of the authorized signatory is to be submitted along with the Application Form).

11. For Partnership Firm: Partnership Deed along with authority in favour of Partner to sign application/documents.

12. For Trust: Copy of Trust Deed., Resolution/necessary permission required under applicable laws.

13. In case of Joint Applicant’s signatures of all the Applicants on all pages of the Application Form.

Name & Signature of the Receiving Officer (Confirming receipt of all the documents)

LIST OF DOCUMENTS/ DETAILS TO BE PROVIDED BY THE APPLICANT(S)/ SECOND APPLICANT


GENERAL TERMS & CONDITIONS

1.(a) WHO CAN APPLY: An individual, i.e. a person of the age of majority or a minor through legal or natural guardian, whether an Indian citizen or Non-Resident Indian Citizen or a Person of Indian origin, resident in India or abroad (in case of minor, age proof and name of natural guardian is required). Joint application by only two natural persons is permitted.

Indian Resident Applicants should attach a copy of their Income Tax Permanent Account Number Card (PAN Card). Non-Resident Indian/ Person of Indian Origin (PIO) should attach a copy of the document showing their NRI/PIO status with the filled Application Form.

1.(b) CHANGE OF RESIDENTIAL ADDRESS: All Applicant/s is /are required to keep DEVELOPER informed about the changes [if any] in their residence status in writing.

1.(c) COMPLIANCE WITH STATUTORY PROVISIONS: The Applicant(s)/Allottee(s), if resident outside

India, shall be solely responsible to comply with the provisions of the Foreign Exchange Management Act 1999 (FEMA) and The Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000, and/or all other statutory provisions as laid down and notified by the Government or concerned Statutory Authorities from time to time, including those pertaining to remittance of payment(s) for acquisitions of immovable property in India. The Applicant(s)/Allottee(s) shall also furnish the required declaration to DEVELOPER on the prescribed format, if necessary. All refunds to Non-Resident Indians (NRI) and Persons of Indian Origin (PIO), if any, shall, however, be made in Indian Rupees only and the necessary permission shall be obtained by NRI or PIO.

1.(d) FOREIGN REMITTANCE: In case of foreign remittance the net amount credited to DEVELOPER’s bank account shall be taken as amount received and necessary bank charges shall be borne by the Applicant(s)/Allottee(s).

1.(e) OBTAINING PERMISSION FOR PURCHASE: The Applicant(s) shall be solely responsible to obtain any requisite permission, if any, from appropriate authorities for the purchase of the Residential Apartment and DEVELOPER shall not be responsible for the same. The Applicant(s) shall keep DEVELOPER informed about the status of the requisite permissions. Allotment is subject to the requisite permissions and if the same is refused at any point of time then, the amount paid towards booking and further consideration will be returned by DEVELOPER as per rules without interest and the allotment cancelled forthwith and DEVELOPER will not be liable in any manner on such account. The Applicant(s) shall cease to have any right title and / or interest in the Residential Apartment.

2. APPLICATION PROCEDURE

2.(a) APPLICATION SIGNED BY THE APPLICANT(S): The completed Application Form duly filled and signed by the Applicant(s) and submitted together with the Cheque/ Demand Draft/ Pay Order/authorised Electronic transfer in favour of “________________” Project Sales Proceeds A/c”, (_____________ Branch), payable at _________________________ / at par for the amount of Application money as shown in the Price and Payment Schedule annexed hereto as Annexure ‘A’ .

2(b) DISHONOUR OF CHEQUE: If any of the cheque submitted by the Applicant(s)/ Allottee(s) to DEVELOPER is dishonored for any reasons then DEVELOPER shall intimate the Applicant(s)/ Allottee(s) of the dishonour of the cheque and the Applicant(s)/ Allottee(s) would be required to tender a Demand Draft of the same amount to DEVELOPER within ten (10) days from the date of dispatch of such intimation by DEVELOPER and the same shall be accepted subject to ‘Dishonour Charges’ of Rs. 2000/- (taxes shall be extra, if applicable) (Rupees Two Thousand only) for each dishonour. In the event the said Demand Draft is not tendered within the stipulated time period mentioned herein, then the Application may be cancelled at the sole discretion of DEVELOPER subject to provisions in Clause No. 5(b)hereunder.


3. SCRUTINY REJECTION AND REFUNDS:

3(a) Application remaining incomplete or deficient in any respect and/or not accompanied by the required remittance and/ or relevant documentary evidence will be liable to be rejected. Application money received from the Applicant(s) will be refunded without interest to the Applicant(s) and Cheque for such refund shall be dispatched within 45 (forty five) days from the date of receipt of the communication on such rejection.

3(b) The Joint Applicant (s) shall not have any objection for transfer/refund of money in the Bank Account details provided by the Applicant(s) in this Application.

4. ALLOTMENT PROCEDURE:

Allotment shall be done as per the procedure mentioned in Annexure-D.

5. WITHDRAWAL OF APPLICATION/ CANCELLATION

5.(a) Before AllotmentApplicant(s) may withdraw his/her/their application prior to the allotment as per the terms and conditions of the Allotment Procedure mentioned in Annexure “D”

5.(b) After Allotment

I. The Applicant (s) shall be entitled to cancel the allotment any time prior to the execution of the Agreement and upon such cancellation DEVELOPER shall refund without interest the amounts received from the Applicant (s) after deductions of the amount mentioned herein below:(i) Actual amount paid subject to a maximum of 15% of the Sale Price.(ii) Interest due in case of default, calculated till date of receipt of cancellation intimation.(iii) All taxes paid till such cancellation.

II. DEVELOPER on default of payment by the Applicant (s) shall be entitled to cancel the Allotment any time prior to execution of the Agreement and upon such cancellation DEVELOPER shall refund the monies paid by the Applicant (s) on the date of cancellation without interest subject to forfeiture of following sums as detailed hereunder:(i) Application Money or the actual amount paid whichever is higher subject to a maximum of 15%

of the Sales Price.(ii) Interest due upon such default, calculated till date of issue of termination letter.(iii) All taxes paid and payable up to the date of cancellation.

(III) DEVELOPER shall exercise the said right of cancellation/termination of the said Allotment Letter mentioned in Clause 5 (b) (II) hereinabove in the following manner:(i) Upon non receipt of payment within due date, DEVELOPER shall issue a notice to the

Applicant(s) to pay the amounts due within (45) days of due date. The Applicant(s) shall be liable to pay the due amounts with interest accrued thereon as prescribed under Clause 8(b) hereunder.

(ii) Upon non payment of due amounts by the Applicant (s) even after expiry of (45) days’ notice , DEVELOPER shall in its sole discretion cancel/ terminate the allotment letter without any further notice to the applicant/allottee as the case may be.

(iv) Upon the cancellation and termination of the said allotment of the said Residential Apartment the Applicant shall cease to have any right or interest with respect to the said Residential Apartment and, DEVELOPER shall be at a liberty to sell or otherwise dispose off the Residential Apartment (s)to any other person/party whomsoever, at such price, in such manner and on such terms and conditions as DEVELOPER may in its sole discretion think fit and proper and the Applicant (s) shall not be entitled to raise any objection or dispute in this regard.


5.(c) Application(s) containing false information known to the Applicant(s) are liable to be summarily rejected and allotment shall stand cancelled whenever such defect are detected at any point of time even if allotment has been made. Upon such cancellation, the installments paid will be refunded without any interest subject to forfeiture as stated in clause 5(b).

6.A PRICE

6.(a) Payment:

Price indicated in the Price and Payment Schedule shall be paid as per Annexure-A as applicable.

Price mentioned hereinabove is exclusive of all taxes, which may be leviable by any appropriate authorities would include (but not limited to), taxes like Value Added Tax [VAT], works contract tax, Service tax and any other tax, both present and future, as may be applicable from time to time, shall be separately charged and recovered from the Applicant(s).

6.(b) Taxes:

The Applicant(s) hereby agree/s that, the Applicant(s) shall be responsible and liable to pay VAT (under Tamil Nadu Value Added Tax Act), Service Tax and / or such other levies, statutory charges etc. as may be applicable on transfer and sale of Residential Apartment and undivided interest therein by DEVELOPER to the Applicant(s). The Applicant(s) would also be liable to pay interest/ penalty / loss incurred to DEVELOPER on account of the Applicant’s failure and /or delay to pay the VAT / Service tax and/or such other levies, statutory charges etc., within 7(seven) days of being called upon by DEVELOPER, without assigning any reasons for the same.

The Applicant(s) further agree/s that the Applicant(s) shall be liable to pay all taxes, levies statutory charges imposed by appropriate authorities applicable to the transfer and sale of Residential Apartment with retrospective effect and if any recovery proceedings in consequence thereof are initiated.

It is further agreed by the Applicant(s) that the Applicant(s )shall before obtaining the possession of the Residential Apartment pay the requisite amount of Tamil Nadu Value Added Tax [VAT] or any other charges levied by statutory authorities by time to time, Service tax and any other tax (if applicable) for construction / sale of the Residential Apartment to DEVELOPER.

In addition to the above, the Applicant(s) further agree/s to pay Goods and Services Tax (GST) upon introduction of GST in India in lieu of VAT and Service Tax by the Government of India as may be applicable on the transaction of transfer and sale of Residential Apartment by DEVELOPER to the Applicant(s).

6.(c) Payment of Charges:

Maintenance charges, deposits, electrical meter deposits/ connection charges, water & sewer connection charges, electrical connection charges documentation/legal charges and other charges/ deposits as may be applicable, shall be separately charged along with applicable taxes thereon either by DEVELOPER or the Maintenance Agency appointed by it.

6.B PRICE ESCALATION: [Not applicable in case of escalation-free price option]

The Allottee(s) agree/s and understand/s that the consideration towards of the Residential Apartment is interalia based on following factors i.e. the cost of materials and labour as on the end of the quarter in which the booking is received. However, if there is any increase or decrease in the cost of construction material and labour up to 5% (five percent) from the date of Application till the date of possession as may be mentioned in the agreement, then the same shall be absorbed by DEVELOPER. If there is any increase in the cost of construction material and labour beyond 5% (five percent) (hereinafter referred to as ‘Escalation Charges’) then the same shall be borne by the Allottee(s).


Computation of Escalation Charges shall be based on the respective RBI indices published in the RBI bulletin.

The respective RBI indices are:• Steel - indices published as Steel - Long in the category of Basic Metals, Alloys & Metal

Products.• Cement - indices published as Cement & Lime in the category of Non-Metallic Mineral

Products.• Fuel & Power- indices published as Fuel & Power • Other Building Construction materials - indices published as All Commodities in the Index

Numbers of` Wholesale Prices in India. • Labour - indices published as Consumer Price Index Numbers for Industrial Workers.

A. Estimated Percentage of various cost component is as follows Steel - 15%Cement - 20%Other Construction Material - 30%Fuel and Power - 5%Labour - 30%

B. Escalation shall be computed at every quarter till handing over the possession. C. Prevailing indices at the time of booking shall be taken as opening indices.

D. Weighted average of all these quarters to be taken as the closing indices for computation of escalation charges.

E. Escalation Charges shall be calculated on the overall cost of construction material and labour and not on the individual components mentioned hereinabove.

F. The term ‘Quarter’ shall mean period from January – March, April – June, July to September and October – December.

It is agreed by the Allottee(s) that the date of possession and calculation of the same is subject to force majeure. It is further agreed by and between the Allottee(s) and DEVELOPER that the amounts contained in the Annexure A hereto out of the consideration of the Residential Apartment shall be treated as the cost of construction material and labour.

DEVELOPER shall appoint a Chartered Accountant to independently verify the Escalation Charges as computed by DEVELOPER from time to time. Such verified Escalation Charges shall be paid/refunded (or adjusted), as the case may be, by the Allottee(s) at the time of offer of possession of the Residential Apartment to the Allottee(s).

The calculation of the escalation charges shall be done as per the formula appearing in the Annexure “C“.

The verified Escalation Charges, as intimated to the Allottee(s) shall be final and binding on the Allottee(s). The Allottee(s) agree/s and understand/s that any default in payment of the Escalation Charges shall amount to a breach of the terms and conditions of this under the application or the agreement when executed. The possession of the Residential Apartment shall not be handed over to Allottee(s) unless Escalation Charges are paid in full along with delayed interest, if any, as stipulated under the application or the agreement when executed.

6.C Possession Time and Compensation:

Developer shall endeavor to give possession of the Residential Apartment to the Allottee(s) on or before the possession date as mentioned in the Agreement subject to force majeure event. Developer shall have reasonable extension of six months’ time beyond force majeure event for handing over possession of the Residential Apartment. If the Developer fails to give possession of


the Residential Apartment on the reasonable extended date then, the Developer shall pay to the Applicant(s) compensation @ 6% per annum on the amounts received till date towards Residential Apartment till the date of actual possession, provided the Applicant [s] does not cancel the booking /allotment.

However, the compensation shall not be paid:

a] For any delay in getting essential infrastructure facilities;

and /or

b] If the Allottee(s) commit/s any breach of terms and conditions contained herein or the Agreement [when executed] by the Applicant (s).

and/or

c] If the Applicant(s) fails to take possession within Thirty (30) days from the date of intimation in writing by Developer.

7. ALLOTMENT OF PARKING SLOT/SPACES:

Allotment of parking space/s shall be governed by the scheme of development which will be detailed out in the Agreement to be executed.

8. TIMELY PAYMENT

8.(a) It shall be incumbent on the Allottee(s) to comply with the terms of payment in respect of the Residential Apartment and any other sums payable under the General Terms and Conditions. Timely payment shall be the essence of each transaction.

8.(b) Payment of installment, and all other administrative dues shall have to be made within due dates as would be mentioned in the letter(s) of DEVELOPER ARE issued from time to time demanding for such payments. Payment within time would be deemed to be essence of the terms of allotment. Part payments will not be accepted after the due dates. Allottee(s)s are liable to pay interest on the amount due @ 15% (fifteen percent) per annum from the date on which the amount falls due, to the date of payment, both days inclusive. All payments received will be first applied towards past taxes payable, then towards interest payable, then towards other dues if any and thereafter towards the installments along with taxes applicable to the said installment.

9. TRANSFER OF ALLOTMENTS OF THE RESIDENTIAL APARTMENT(S) AND TRANSFER FEE

9.(a) The Applicant(s)/Allottee(s), cannot transfer the allotment in favour of a third party for 12 (Twelve) months from the date of allotment of the Residential Apartment. Transfer of Allotment may be permissible after 12 (Twelve) months subject to approval by DEVELOPER, who may at its sole discretion permit the same on payment of transfer charges of 3 % (three percent) of the Sale Price, [taxes extra] and other administrative charges as may be fixed by DEVELOPER from time to time, submission of inter alia affidavit/ undertaking/request for transfer or any other document and on such terms and conditions and guidelines as it may deem fit by DEVELOPER. Stamp duty as applicable on this transfer shall be paid by the transferor / transferee. The transfer shall be allowed only subject to clearing all the sums that shall be due and payable to DEVELOPER on the date of submission of the request application.


The Applicant(s) agree/s and undertake/s to:

i) execute/register Agreement/ Sale Deed (as the case may be) in view of the changes by properly entering into Deeds, documents and writings in case the Agreement /Sale Deed [as the case may be] is already executed/registered before effecting the transfer as aforesaid.

9.(b) However, any time after allotment of the Residential Apartment and before the execution of the Agreement/ Sale Deed in respect of the Residential Apartment transfer fees of Rs.10,000/- (Rupees Ten Thousand only) [ applicable taxes extra] shall be payable in case such transfer is in favour of the spouse or child, parents or brother or sister of the either Allottee and the Applicant (s) shall be solely responsible at their cost for upon execution/ registration of such documents to effect such transfer post prior approval of the Developer However, such transfer shall be allowed only once.

9.(c) Any time after allotment and before the execution of the Agreement in respect of the Residential Apartment the inclusion/ deletion of the name/s of the spouse or child, parents or brother or sister of the original Allottee as new Joint Allottee or change of Joint Allottee or swapping / interchanging between the First and Second / Joint Applicant / Allotee is permissible subject to charges of Rs.10, 000/- (Rupees Ten Thousand only) [applicable taxes extra].

9.(d) The request for transfer, inclusion, deletion or swapping between the Applicant(s) / Allottee(s) as mentioned in clause 9 (b) and 9(c) shall be subject to clearing all the sums that shall be due and payable to DEVELOPER on the date of submission of the request application and the Applicant shall be solely responsible for any future government levies, taxes etc arising from such transfer.

10. DOCUMENTATION FOR TRANSFER:

10.(a) Execution of Agreement:

It will be DEVELOPER’s endeavor to execute and register the Agreement/ Sale Deed of the Residential Apartment(s) within the Complex before handing over possession of the Residential Apartment. The Agreement /Deed of transfer will be drafted by the Solicitors/Advocates of DEVELOPER and shall be in such form and contain such particulars as be approved by DEVELOPER. No request for any changes, whatsoever, in the Agreement /Deed of transfer will be entertained.

10.(b) Registration of Sale Deed:

In case, the Allottee(s) fail/s or neglect/s to get the Agreement/ Sale Deed registered within the date notified, physical possession of the Residential Apartment to the Allottee(s) may be withheld by DEVELOPER and penalty if any, payable under relevant laws for delay in completion of the registration of Agreement, will be payable by the Allottee(s) till the registration of the Agreement is completed. DEVELOPER shall have the right to cancel the allotment in case the Allottee(s) fail/s to have the Agreement/ Sale Deed registered within 15 (fifteen) days from the date notified to the Allottee(s). Upon such cancellation, the amounts received from the allottee will be refunded without any interest but after deduction of applicable charges as stated in clause 5(b).

10.(c) Payment of applicable Stamp Duty & Registration Charges,

The Applicant (s) will be required to pay, on demand, to DEVELOPER or to the Concerned Authorities, as may be so decided by DEVELOPER, the applicable stamp duty and registration charges for registration of the Agreement and/or Deed of transfer of their respective Residential Apartment(s).


11. GENERAL

11.(i) The Applicant(s) has/have verified and is/are satisfied with the documents/deeds, which entitles DEVELOPER to allot the Residential Apartment (s), and such allotment of the Residential Apartment (s)to the Applicant(s) shall be made by DEVELOPER on the terms and conditions as contained herein.

11.(ii) The Applicant (s) agree/s to abide by the terms and conditions set forth in the said Allotment Letter and the Agreement and also agree/s to sign the Agreement formally accepting the terms of sale and the Allottee(s) agree/s to comply with all statutory requirements as applicable.

11.(iii) This applications is a mere request by the Applicant(s) for the allotment of Residential Apartment in the Project and DEVELOPER reserves the right to accept or refuse the allotment of Residential Apartment without assigning any reason whatsoever.

11.(iv) The Project may not have the infrastructure in place as on the date of booking or at handing over of possession as the same is to be provided by the Government /nominated government agency. Since this is beyond the control of DEVELOPER, therefore, the Applicant (s) shall not claim any compensation for delay/ non-provision of infrastructure facilities in the Project.

11.(v) It is agreed by and between the parties that a Real Estate (Regulation of Development) Act is likely to be in force. If due to that act there is any change in the structure of agreement in terms including but not restricted to amendments to saleable area, carpet area, built up area, etc., all the recommendations which need to be incorporated shall be so incorporated in agreement/ or a revised agreement and the Applicant(s) shall have no objection to the same as long as the transaction to the Residential Unit applied for and other terms and conditions remain the same. It may involve restructuring/ or rewriting of the agreement with the proportionally increased price on carpet area basis or built up area basis or revision of method, terms or price payable on any other basis for compliance of the terms, act, byelaws of the said act but the total price payable for this RESIDENTIAL Apartment and other terms and conditions contains herein shall remain unchanged.

11.(vi) That Applicant(s) is aware that the DEVELOPER has proposed to develop inter alia a "well equipped clubhouse . in the Complex subject to the permission/ sanctions from the statutory bodies for the purpose of social activities and the Applicant (s) has agreed to avail membership of this club This club may be developed simultaneous to or after development of the Residential Apartment and for the membership of the club. the Allottee(s) agrees to pay and shall pay all such other charges as may be stipulated by DEVELOPER from time to time. It is also clarified that the membership to the club will be available to the Applicant (s) and no outsider, without prior permission of DEVELOPER or maintenance agency will be allowed entry to the Club and the facilities will be used on terms and conditions as may be stipulated by DEVELOPER or maintenance agency from time to time.

11.(vii) The Applicant (s) of the Residential Apartment (s) shall pay, as and when demanded, the maintenance charges including security deposit for providing, maintaining and up-keeping the Project, Property taxes and other statutory dues, taxes and levies and other deposits and charges for the various services to be provided in the Project, as may be determined by DEVELOPER or the maintenance agency appointed for this purpose, as the case may be.

11.(viii) The Applicant(s) undertakes to join any society/ association of the Residential Unit(s) Owners and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by Developer in its sole discretion for this purpose.

11.(ix) It is understood that the Applicant(s) has applied for allotment of the Residential Unit(s) for residential purpose only.

11.(x) In case of Joint Applicant, any document signed/accepted/ acknowledged by any one of the Applicant (s) shall be binding upon the other Applicants (s).

11.(xi) The expression ‘Complex’ wherever used in these terms and conditions shall always mean the Complex on the said Land which will be known as “SANTORINI”.


11.(xii) DEVELOPER at its sole discretion shall have the right to effect suitable and necessary alterations in the layout plan Master plan, landscape and common amenities plans and/ or specifications, as and when required due to sanction/ revision of building plans, technical reasons, site conditions or any other reasons, which may involve all or any of the changes, such as, increase/decrease in size, change in floor-plan, layout, change in its number etc. However, if there is any increase/ decrease in the areas, the differential amount will be adjusted/ payable on pro rata basis.

11.(xiii) Applicant/Allotee (s) agrees/s and confirm/s that if in the event of Variation in the Saleable area is due to alteration/s modification/s of the building plans resulting in an increase / decrease in the saleable area of Residential Apartment , Parties shall be bound with following terms:

(I) In case there is any increase or decrease of Saleable area up to 2% of Residential Apartment , then the same shall be acceptable to Applicant/ (s)/ Allottees and no charges / refund as the case may be will be made.

(II) In case of increase or decrease of saleable area beyond 2% of Residential Apartment up to 7% then the difference of area beyond 2% up to 7% shall be subject to charges or refund of the proportionate sale price, as the case may be. For e.g. if there is increase in area of 4% then Allottees (s) shall be liable to pay the charges for variation of 2%.

(III) In case of increase or decrease in saleable area of Residential Apartment beyond 7%, the Allotte (s) shall have an option to withdraw or cancel the booking of Residential Apartment within 30 days from the date of receipt of notice by Developer in this regard and the consequences shall be as under:-

(a) In case of withdrawal or cancellation of the booking of Residential Apartment by Allotte (s), the Developer shall refund all the monies paid by Allotte (s) towards sale price without any interest.

(b) In case Allotte(s) decides to continue with the booking of Residential Apartment, then such increase/decrease shall be subject to charges/refund as the case may be. For e.g. if there is increase in area of 8% then Allotte (s) shall be liable to pay the charges for variation of 6%.

11.(xiv) It is further agreed by the Parties that, in the event there is any change in plans, specifications or location due to change of plans, permission, consent etc. is required by statutory authorities, the same shall be fully binding on the Applicant(s).

11.(xv) The layout, and building plans, specifications of the building(s)/complex and the amenities and the facilities and the Residential APARTMENTS as shown in the various booklets/inserts/brochures and the application form shall be subject to changes/ variations. Developer may effect such variations, additions, alterations, deletions and/or modifications therein as it may, at its sole discretion, which is, deemed appropriate or as may be directed by competent authorities.

11.(xvi) DEVELOPER reserves the right to create charge on this Complex for obtaining development and other finance from credit/financial institution, bank or other person/body that has already or may hereafter advance credit, finance or loans to DEVELOPER and the Applicant (s) whenever asked in support of by DEVELOPER in this regard, shall give and grant to DEVELOPER, his/her/their/its specific, full, free and unqualified consent and permission for doing the same, and strict compliance of this condition on the part of the Applicant (s) shall be of the essence of allotment of the Residential Apartment (s). Failure on the part of the Allottee(s) to implement and comply with this essential condition will be treated as a breach of the said Allotment Letter and/or the Agreement for Sale (as the case may be), and DEVELOPER shall thereupon be entitled to cancel and terminate the said Allotment Letter and/or the Agreement for Sale (as the case may be). However, on or before the execution of the Agreement for Sale, the respective Residential Apartment(s) of the Applicants (s) will be freed from all such encumbrances.

11.(xvii) DEVELOPER will have the right to decide which block(s)/building(s) to construct first. All the buildings may not be constructed simultaneously. The Project will be completed in various construction Phases and availability of few common amenities, services and Club House will be dependent on the construction phasing and may get ready till the last phase is completed or /and at the end of the project.


11.(xviii) DEVELOPER has made clear to the Applicant(s) that it may be carrying out extensive developmental/ construction activities at any time in future in the entire area falling outside the land beneath footprint of the Building, in which his/ her Residential Apartment is located and that the Applicant(s) has confirmed that he/ she shall not raise any objections or make any claims or default in any payments as demanded by DEVELOPER on account of inconvenience, if any, which may be suffered by him/ her due to such developmental/ construction activities or incidental/ related activities.

11.(xix) Due to any operation of law or any statutory order or otherwise as may be decided by DEVELOPER, if a portion of the entire scheme or the entire scheme is discontinued or truncated then the Applicant(s) affected by such discontinuation or truncation will have no right of compensation from DEVELOPER. DEVELOPER will, however, refund all the money received from the Applicant(s) without any interest however, subject to deductions of taxes paid by the Applicant(s) as per the relevant provision of the relevant Act on the date of discontinuation of the scheme. Further if for any reason(s) DEVELOPER, is not in a position to allot the Residential Apartment (s) applied for, due to revision of the building plans or for any reasons whatsoever beyond the control of DEVELOPER, then DEVELOPER shall refund only the actual amount paid, without any interest and DEVELOPER shall not be liable for payment of any compensation on this account whatsoever.

11.(xx) In case during the course of construction and/or after the completion of the Complex, further construction on any portion of vacant land or building becomes possible, DEVELOPER shall be entitled to take up such further construction and the Applicant (s) shall have no objection for the same .

11.(xxi) No request for modification or change in the exterior facades and no internal structural changes of the Residential Apartment will be permitted. No reimbursement or deduction in the value of the Residential Apartment (s) shall be considered by DEVELOPER in case the Applicant (s) desire/s (with prior written approval/consent of DEVELOPER) to do some works /install some different fittings/floorings etc. on his/her own within the Residential Apartment (s) and request DEVELOPER not to do such work/install fittings/floorings etc. within the Residential Apartment(s) subject to the prior written approval of DEVELOPER.

11.(xxii) In the event of paucity or non-availability of any material, Developer may use alternative materials of similar quality and the decision of the Developer in this regards shall be binding on the Applicant(s).

11.(xxiii) All designs, measurements, specifications mentioned and stated herein are tentative and subject to changes.

11.(xxiv) The Applicant(s) hereby also covenants to indemnify and keep indemnified the DEVELOPER against observance and performance of the terms and conditions herein.

11.(xxv) All correspondence will be made with First Applicant(s)/Applicant(s) at the address for correspondence on DEVELOPER’s record initially indicated in the Application Form. Any change of address will have to be notified in writing to DEVELOPER at its registered office and acknowledgement obtained for such change. In case there is a joint Applicant, all communication shall be sent by DEVELOPER to the First Applicant and which shall for all purposes be considered as served on both Applicant(s).

11.(xxvi) The Applicant(s) confirm/s that he/ she/they does/do not have any objection for DEVELOPER sending communication via telephone or e-mail regarding its upcoming projects and related offers.

11.(xxvii) The Applicant(s) must quote the application number/customer identification number as printed in the acknowledged Pay-in-Slip and on allotment, their Residential Apartment Number as indicated in the said Allotment Letter, in all future correspondence.

11.(xxviii) DEVELOPER, however, may at its sole discretion, relax any of the conditions stated herein.


11.(xxix) Infrastructure costs like water, electricity and sewerage connection charges and all deposits payable to the concerned authorities will be applicable/ charged at actuals as determined at the time of handover.

11.(xxx) DEVELOPER will not be responsible for providing access road and other infrastructure facilities which are controlled by Government Agencies/Statutory Authorities.

12. DISCLAIMER FOR SHOW RESIDENTIAL APARTMENT

12.(a) DEVELOPER may provide a show Residential Apartment in the Complex. Applicant(s) agree/s and understand/s that all standard fittings and dimensions of the show Residential Apartment may vary as to its make, colour, shade, shape and appearance from the ones provided in the actual Residential Apartment agreed to be constructed.

12.(b) Interiors:

The Applicant(s) agree/s and understand/s that the interiors, furniture, kitchenette and fixtures in t h e sample Residential Apartment are provided only to give a vision of a furnished Residential Apartment as per the advice of the interior designer.

13. JURISDICTION AND ARBITRATION

13.(a) All disputes or differences relating or arising out of or in connection with the Provisional Allotment read with the terms and conditions contained herein, shall be mutually discussed and settled between the parties.

13.(b) However, disputes which cannot be settled amicably, shall be finally decided and resolved by arbitration in accordance to the provisions of the Arbitration and Conciliation Act 1996 and any subsequent amendments thereto. The matter requiring arbitration will be referred to a sole arbitrator to be appointed by DEVELOPER at Mumbai only. The proceeding of the arbitration shall be conducted in English and shall be construed as domestic arbitration under the applicable laws.

13.(c) All disputes/issues arising out of this transaction will be subject to the exclusive jurisdiction of Courts at Chennai.


DECLARATION

1. I/We hereby solemnly declare that all the foregoing facts are true to the best of my/our knowledge and nothing relevant has been concealed or suppressed. I/We also undertake to inform DEVELOPER of any future changes related to the information and details shown in this Application Form.

2. I/We hereby also declare that I/we have read and understood the terms and conditions and all other

information/conditions stated in the accompanying GENERAL TERMS & CONDITIONS including consideration of the Residential Apartments and price and payment schedules and agree to abide by the same , which may be modified or amended by DEVELOPER.

3. I / We hereby declare that and confirm that I am/ We are a Non Resident Indian/ Person of Indian

Origin and I /We shall comply with all the statutory compliances as required from time to time under applicable laws/ rules and DEVELOPER shall not be liable for the same in any manner whatsoever. We shall keep DEVELOPER informed about any change in the above status.

Signature of the First/ Applicant Signature of the Joint /Second Applicant

Date:

Place:

Sole ................................................................

D D M M Y Y Y Y

................................................................


Signature of Sole/First Applicant Signature of Joint/Second Applicant19

ANNEXURE “A”

(Payment Schedule and Deposits and other charges)

(Details / break up of deposits are exclusive of VAT and Service Tax)

Note:

• Maintenance charges, Deposits, legal fees, stamp duty, registration fees, others, VAT & Service Tax etc.,

if any whenever called for shall be paid/ payable by the Applicant(s)/ Allottee(s)/Purchaser(s).

• Service Tax and VAT are payable on the consideration at the rate applicable from time to time.

• Infrastructure/ Electricity/ Water charges shall be payable as may be demanded.

Specify the name/s of the director/s with

whom the Applicant(s) is related

alongwith the nature of relationship with

the Applicant(s)

Whether the Applicant(s) is/are interested

in the entity/s in which director/s of

DEVELOPER is/are interested?

If yes in Sr. No. (ii) above then specify the

name/s of the Entity/s in which the

Applicant(s) is interested.

(i)

(ii)

(iii)

Annexure ‘B’

If any Director/s or relative of such director/s of DEVELOPER is a partner in partnership firm then such

partnership firm or any partner of such partnership firm shall be deemed to be interested OR If any director/s

or relative of such Director/s of DEVELOPER is a Director or a shareholder in a private company then such a

company or its director/s or shareholder/s shall be deemed to be interested OR If any director/s or relative of

such director/s of DEVELOPER is a trustee in any trust then such trust or any trustee of such trust shall be

deemed to be interested OR If any Director/s or relative of such director/s of DEVELOPER is a Director and/or

a shareholder holding 2% or more equity shares in a public company then such company or its director/s shall

be deemed to be interested.

RELATIONSHIP WITH THE DIRECTOR/S OF DEVELOPER OR THE ENTITY/SIN WHICH SUCH DIRECTOR/S IS/ARE INTERESTED

Name/s:

Nature of Relationship:

Yes / No (Tick as applicable)

Name/s of the Entity/s: __________________________________________________________________________________________________________________

Nature of Interest: ______________________________



ANNEXURE ‘C’

PROCEDURE FOR CALCULATION –AN EXAMPLE

Sale Price: Rs. ABC p.s.ft.

Construction Cost Rs. XYZ p.s.ft. Out of the Sale Price of the Residential Apartment

Date of application:

Date of Possession:

Opening and Weighted Average Closing RBI indices

Sr. Items Weightages in RBI opening Weighted RBI indices

No. construction cost indices (Date of (Averg. Of all qtrs.

Application) Till date of possession)

1 Steel 15 100 140

2 Cement 20 100 95

3 Other Building 30 100 122

Construction Material

4 Fuel & Power 5 100 120

5 Labour 30 100 121

Calculation of escalation Charges:

Formula: Weightage of the Item X {(Weightage Average of Index -Opening Index)/ Opening Index)}

Sr.

No.

1

2

3

4

5

-

-

-

Items

Escalation in Steel

Cement

Other Building

Const. Material

Fuel & Power

Labour

-

-

-

[CALCULATIONS of ESCALATION

from the date of Application

till date of possession]

15% x (140-100)/100

20% x (95-100)/100

30% x (122-100)/100

5% x (120-100)/100

30% x (121-100)/100

% Escalation (On construction cost)

% Escalation beyond 5%

(Recoverable/payable )

Escalation cost recoverable

from purchaser

% Cost ESCALATION

in construction cost

6%

(-) 1%

6.6%

1%

6.3%

+ 18.90%

+ 13.90%

=XYZ* 13.90% = Rs.

PQR p.s.ft.

Annexure ‘D’

ALLOTMENT PROCEDURE

(a) ACCEPTANCE OF APPLICATION: DEVELOPER will communicate its decision to the Applicant(s)

within 45 (Forty Five) days from the date of receipt of the Application.

(b) ALLOTMENT LETTER: If the Application is accepted by DEVELOPER the Applicant(s)/ Allottee(s)

will be sent a communication within the time mentioned herein to that effect by way of an Allotment

Letter (“the said Allotment Letter”) and thereafter all such necessary documents transferring the

undivided share and interest in the said land along with an entitlement of an allotted Residential

Apartment ("Agreement") will be executed between THE DEVELOPER and the Applicant(s) within

the time stipulated in the said allotment Letter. The terms and conditions of the Agreement shall be as

may be decided by THE DEVELOPER in its sole and unfettered discretion.

Applicant(s) may withdraw his/her/their application prior to the allotment as per the agreed terms and

conditions and will get refund of the Application money within 45 (Forty Five) day of receipt of

communication of withdrawal by the Applicant without any interest.

(c) However, the cost of application form shall not be refunded at any point of time.

(d) PROVISIONAL ALLOTMENT: The expression 'allotment' wherever used herein (including the

Application Form) shall always mean ‘provisional allotment’ and will remain so till such time a formal

Agreement for Sale, is executed by DEVELOPER in favour of the Allottee(s). However, the provisional

allotment shall be subject to timely payment of the total price and all related dues to DEVELOPER.


ACKNOWLEDGEMENT SLIP

Received Application No.: ____________________________

Name of the Sole /First Applicant:

Demand Draft/ Pay Order /Cheque No.: Dated:

Drawn on Bank

Branch.

Date:

Name & Signature of Sales Person

FULL NAME, in CAPITAL Letters (In the order of First, Middle and Last Name, Leaving a space between words)

D D M M Y Y Y Y

D D M M Y Y Y Y

Mr./Mrs./Ms./Master

Code : A1

Customer SAP Code No.___________________________

Project Name : _______________________________

Apartment Details : ____________________________

Name: Mr./Mrs./Ms./Master :

Current Address :

Permanent Address :

Residential Status : Indian NRI/PIO Foreign National

Current residence : Owned Rented Company owned Family

Tel. No.:(Residence) (Office)

Mobile No. :

Email: (Office) __________________________________ (Personal) ________________________________________

Date of Birth :

Status : Single Married

Occupation/Employment Status(Self) :

Self Employed : Doctor Lawyer CA

Consultant Others:__________________________________

Business : Trading Manufacturing IT/ITES/Software

Banking/Financial Services Others:_____________________

Service : Manufacturing IT/ITES/Software Banking/Financial Services

Hospitality Others:__________________________________

Homemaker :

Retired : Yes No

Marriage Anniversary :

Spouse Name :

Spouse's Date Of Birth :

Spouse's Occupation : Service Homemaker Self Employed Retired

First Name Surname

CUSTOMER FEEDBACK FORM

Is Spouse Second Applicant : Yes No

Spouse Residential Status : Indian NRI PIO

Family Size : 1 member 2 members 3 members

4 members 5 members >5 members

Monthly Household Income (Rs.) :

Rs. 25,000 - Rs. 50,000 Rs. 50,000 - Rs. 75,000 Rs. 75,000 - Rs. 1L

Rs. 1L - 1.5L Rs. 1.5L - 2L Rs. 2L - 5L Rs. 5L & above

Do you own Vehicle/s Four Wheeler : Yes No

If YES : Brand/Model 1.

2.

3.

Please share your personal interest : Travel Art/Music Photography Reading

Sports/Fitness Movies Others_______________________

Are you planning to take a housing loan : Yes No

Reason for purchase : For Primary Self-use For Second Home Self-use For Parents/Family member

For Investment Rent-Out

Other reason please specify : ____________________________________________________

How did you get to know of our project?

Print Advertisement (Newspaper / Magazine) Online (Website / Email / Search Engine / Web Banner)

Outdoor Hoarding Radio Television Advertisement

News Article/ Press Friend/ Relative/ Colleague

Sales Associate/ Broker Others, Please Specify ____________________________________________

Please share your reason to buy "Santorini"?

Spanish Styled Homes & Design Good Project Location

Good Site/ Project Layout Good Amenities and Features

Thoughtful financing options Other Reasons Please Specify __________________________

SALES OFFICE EXPERIENCE:

Excellent Good Satisfactory

How did you like the response at reception?

How do you like the Office Ambience?

How did you like the Walk Through Presentation of the project?

How did you like the Brochure of the project?

How did you find the Courtesy/Appearance of the Sales Person attending you?

How did you find the Quality and Comprehensiveness of the

information provided?

Did the Sales / Admin Person satisfactorily answer your queries? Yes No

SITE VISIT EXPERIENCE: (If Applicable)

Excellent Good Satisfactory

How do you rank the visibility of Direction Markers to the site?

How did you like the response at reception?

How do you rank the Ambience and Cleanliness of Sales Gallery/Show Flat?

How did you like the Walk Through Presentation of the project?

How did you like the Brochure of the project?

How do you rate the Unit Plans Layout of the project?

How did you find the Courtesy/ Appearance offered by

the Sales Person attending you?

How did you find the Quality and Comprehensiveness of the

information provided?

Did the Sales / Admin Person satisfactorily answer your queries? Yes No

Have you visited any similar projects in past?

No, this is the first time I have heard about this concept

Yes, I have visited

Santorini Project 1:_________ Project 2:_________ Project 3:_________

Theme, Designand Aesthetics

Features andAmenities

Overall PurchaseExperience

Overall Project

If Yes, pl share your feedback on Santorini on a 5 point comparative scale

( 5:Excellent, 4:Good, 3:Average, 2:Can Improve, 1:Lots to improve )

I confirm that I do not have any objection for Tata Housing and its subsidiaries sending communication via telephone or e-mail regarding its upcoming projects/ products /services and related offers.All the materials and fittings which are exhibited in the show flat may vary as to its make, color, shade and appearance from the ones provided in the actual flat agreed to be constructed. The interiors, furnitures, kitchenette and fixtrues in the show flat are provided only to give a vision of furnished apartment as per the advice of interior desinger. The layout of the show flat may have been changed at some places as per the advise of the interior designer. The dimensions and the area of the flat, which is agreed to be constructed, shall vary from this show flat on the floor, block and location of a specified flat.

I do not wish to receive any communication from Tata Housing and its subsidiaries regarding its upcoming projects/ products / services and related offers.

Any other feedback would you like to share?

Signature ________________________________ Date _________________

1. Any other customer Feedback / Suggestion received

None, Customer was fully satisfied

Yes, Customer advised / suggested / was concerned about following:

SALES TEAM FEEDBACK FORM

2. Transaction Time :

Transaction Date :

Name of Sales person :

Signature :

APPLICATION FORM Date of Booking: TATA VALUE … · APPLICATION FORM Date of Booking: Customer ID...

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