M3M India Private Limitedm3msierra68.co.in/pdf/M3M_Sierra68_Application_form.pdf · M3M India...

Signature of the Applicant/s

M3M India Private Limited(Erstwhile: M3M India Limited) CIN: U80903HR2007PTC044491)

Applica�on Form for the Allotment of a Residen�al Apartment in“M3M SIERRA 68” to be developed as a part of the Group Housing Colony,

in Sector 68, Gurgaon, Haryana, India.

M3M India Private Limited (“Company”)Paras Twin Towers, Tower “B”, 6th Floor,Golf Course Road, Sector-54,Gurgaon-122 002, Haryana, India.

Dear Sir/s,

I/We request that I/we may be allo�ed a residen�al apartment with tenta�ve Super Area of approx.________ sq. �./________ sq. mtrs. (“Apartment”) in 'M3M Sierra 68' which is being developed as a part of and one of the phases of the Group Housing Colony located in Sector 68, Gurgaon, Haryana, India (“Project”) under the Construc�on Linked payment Plan [ ], Down Payment Plan [ ], Possession Linked Plan [ ], Other Payment Plan _____________________________ [ ].

A sum of . ___________________ (Rupees ____________________________________________ only) has been tendered vide

Cheque / Bankers Cheque / Pay Order / Demand Dra� / Electronic transfer bearing no(s). ____________________________ dated

____________________________drawn on ________________________________Bank towards the booking of an Apartment.

I/We am/are making this Applica�on with the full knowledge that the Company, alongwith/through its associate company(ies)/affiliates is developing/plans to develop the Group Housing Colony in a phased manner and as a part thereof, it is in the process of developing the Project which encompasses various residen�al towers and infrastructure facili�es as required including mul�-level parking. Further, I/we understand that the Company would make the allotment of an Apartment in due course of �me, subject to availability. In the event the Company accepts my/ our request and this Applica�on and proceeds further to allot an Apartment to me/us, I/we agree (i) to adhere to the terms and condi�ons of this Applica�on; (ii) the Allotment made thereunder; (iii) to execute all the necessary documents, including but not limited to the Apartment Buyer's Agreement (“Agreement”); (iv) to make �mely payment of all the installments of the Total Considera�on and all other dues, charges, payments, du�es, taxes (including but not limited to Service Tax, VAT, State Sales Tax, Central Sales Tax, Work Contract Tax or GST or any other tax by whatever name called, fees, surcharges, charges, cess and levies) including any fresh incidence/enhancement thereof, current or retrospec�ve in effect, that may be levied by the Government/any Statutory Authority/Competent Authority as well as in terms of the Agreement to be executed in furtherance hereof, based upon the Super Area of the Apartment as is allo�ed, as per the Payment Plan that I/we have opted for and which has been duly explained in detail to me/us by Company to my/our sa�sfac�on. I/we have fully understood the legal effect and implica�ons of all the terms and condi�ons stated herein and are making this Applica�on a�er obtaining appropriate independent professional advice and this Applica�on is based on my/our independent analysis and judgement regarding the same.

I/We are making this Applica�on a�er physically inspec�ng the project site and have no objec�on related to the loca�on of the Apartment/ Project/ Group Housing Colony. I/We hereby acknowledge that I/We have understood and sa�sfied myself in all respects about the loca�on, right, �tle, interest, size, price, both internal and external infrastructure status (exis�ng as well as proposed), applicable laws, policies, rules and regula�ons of the Government/ local authori�es, availability of finance and interest rates, market condi�ons, my/our ability to make �mely payments etc. before deciding to make this Applica�on for booking of the Apartment, and have not relied upon any adver�sement, brochure, representa�on or promises or any other informa�on, statements or es�mates of any nature whatsoever made by any broker, channel partner or otherwise and that while making this Applica�on we are not under any influence, pressure or coercion and are entering into this Applica�on of our free will and voli�on and a�er understanding all the terms and condi�ons of the Applica�on in detail.

I/We understand that this Applica�on does not en�tle me/us to the allotment of an Apartment, notwithstanding that the Company may have issued/may issue receipt(s) in acknowledgement of the amount tendered herein/in terms hereof. I/We confirm and undertake that upon issuance of the allotment le�er by the Company thereby allo�ng an Apartment to me /us, I/we shall be bound (a) by such allotment; (b) to purchase the Apartment; and, (c) to execute the necessary documents, including the Agreement, as stated herein.

I/We hereby agree and consent to abide by all the terms and condi�ons of this Applica�on including those rela�ng to further payments of the Total Considera�on and other charges, dues, payments, forfeiture of Earnest Money as provided for herein and execu�on of necessary documents including the Agreement within the s�pulated �me period and that I/we am/are a major, not debarred under law and also capable of contrac�ng in my/our name.

Note: The word “Applicant” as used in this Applica�on Form means and includes an individual applicant and all Joint Applicant(s), jointly and severally, as the case may be.

1. SOLE OR FIRST APPLICANT

Mr. /Ms. /M/s. ____________________________________________________________________

S/W/D of ________________________________________________________________________

Na�onality ______________________________________________________________________

Date of Birth ___/___/______; Anniversary date ___/___/______;

Business/Profession______________________________________________________________

Status: Resident/Non-Resident/Foreign Na�onal/Person of Indian Origin _____________________________________________

Income-Tax Permanent Account No. ___________________________________________ (Photocopy of PAN Card to be a�ached)

Ward/Circle/Special range and place where assessed to Income Tax __________________________________________________

In case of Person of Indian Origin PIO No. : _______________________________________ (Photocopy of PIO Card to be a�ached)

Ward/Circle/Special range and place where assessed to Income Tax __________________________________________________

Mailing Address __________________________________________________________________________________________

_______________________________________________________________________________________________________

PIN Code___________________________________________

Tel. No. ____________________________________________ Fax No. _______________________________________________

E-mail ID ___________________________________________ Mobile No. ____________________________________________

Permanent Address _______________________________________________________________________________________

_______________________________________________________________________________________________________

PIN Code ___________________________________________

Tel. No. ____________________________________________ Fax No. _______________________________________________


Office Name & Address _____________________________________________________________________________________

_______________________________________________________________________________________________________

PIN Code ___________________________________________

Tel. No. ____________________________________________ Fax No. _______________________________________________


Bank Details:

Name of the Bank _________________________________________________________________________________________

Address of the Branch______________________________________________________________________________________

Bank Account No._________________________________________________________________________________________

MICR Code _________________________________________IFSC/RTGS/NEFT Code___________________________________

Please affix your photograph here and

sign across it


2. SECOND APPLICANT

Mr. /Ms. /M/s. ___________________________________________________________________

S/W/D of _______________________________________________________________________

Na�onality _____________________________________________________________________


Business/Profession _______________________________________________________________

Status: Resident/Non-Resident/Foreign Na�onal/Person of Indian Origin ____________________________________________

Income-Tax Permanent Account No. _________________________________________ (Photocopy of PAN Card to be a�ached)

Ward/Circle/Special range and place where assessed to Income Tax ________________________________________________

Mailing Address _________________________________________________________________________________________

______________________________________________________________________________________________________

PIN Code___________________________________________

Tel. No. ___________________________________________ Fax No. ______________________________________________

E-mail ID __________________________________________ Mobile No. ___________________________________________

Permanent Address _______________________________________________________________________________________

_______________________________________________________________________________________________________

PIN Code __________________________________________

Tel. No. ___________________________________________ Fax No. _______________________________________________


Office Name & Address ____________________________________________________________________________________

_______________________________________________________________________________________________________

PIN Code ___________________________________________

Tel. No. ___________________________________________ Fax No. _______________________________________________


Bank Details:

Name of the Bank _________________________________________________________________________________________


Bank Account No._________________________________________________________________________________________



sign across it


3. THIRD APPLICANT

Mr. /Ms. /M/s. _________________________________________________________________

S/W/D of _____________________________________________________________________

Na�onality ____________________________________________________________________


Business/Profession ____________________________________________________________

Status: Resident/Non-Resident/Foreign Na�onal/Person of Indian Origin ____________________________________________

Income-Tax Permanent Account No. ________________________________________ (Photocopy of PAN Card to be a�ached)

Ward/Circle/Special range and place where assessed to Income Tax ________________________________________________

Mailing Address _________________________________________________________________________________________

_______________________________________________________________________________________________________

PIN Code___________________________________________

Tel. No. ___________________________________________ Fax No. ______________________________________________


Permanent Address ______________________________________________________________________________________

______________________________________________________________________________________________________

PIN Code ___________________________________________

Tel. No. ___________________________________________ Fax No. ______________________________________________


Office Name & Address ___________________________________________________________________________________

_______________________________________________________________________________________________________

PIN Code __________________________________________

Tel. No. ___________________________________________ Fax No. ______________________________________________


{For addi�onal applicants use separate sheet(s)}

In case the Applicant/s are not natural persons, please provide the status of en�ty:

Sole Proprietorship Firm [ ] Public Limited Company [ ] Registered Society [ ]

Partnership Firm [ ] Private Limited Company [ ] Registered Trust [ ]

/ Others _____________________________

Date of Incorpora�on / Registra�on / Forma�on ____________________________________________________

Par�culars of Incorpora�on / Registra�on / Forma�on ______________________________________________

Bank Details:

Name of the Bank _________________________________________________________________________________________


Bank Account No._________________________________________________________________________________________



sign across it


4. APARTMENT IN “M3M SIERRA68”, SECTOR–68, GURGAON, HARYANA

Apartment No.: _____________________ _______________Apartment Type : _______________________________________

Floor No.: _________________________________________ Tower No.: ____________________________________________

Super Area of the Apartment _________________________ sq.�./_____________ sq. mtr (approx.) (1 sq.�. = 0.0929 sq. mtr.)

A. Basic Sale Price (BSP) ̀ ____________________________ per sq.�. of Super Area

B. Total Preferen�al Loca�on Charges (PLC): ̀ _____________ per sq.�. of Super Area comprising of:

I) @ ̀ _______________per sq.�. of the Super Area for _______________________

ii) @ ̀ ______________ per sq.�. of the Super Area for _______________________

iii) @`_____________ per sq. �. of the Super Area for _______________________

C. Exclusive Right to Use of ____ Car Parking Spaces for ̀ _______________

D. Development Charges (DC): ̀ ______________________ per sq. �. of Super Area

E. Club Membership Charges: ̀ ________________________

F. Interest Free Maintenance Security (IFMS):` ___________per sq.�. of Super Area.

G. Electrical Installa�on Charges: ̀ _____________________ per sq.�. of Super Area

H. Power Back-Up Charges: ̀ __________________________ per sq.�. of Super Area

I. Other charges: _________________________________________________________________________________________

5. PAYMENT PLAN: Construc�on-Linked Payment Plan [ ]/Down Payment Plan [ ]/Possession Linked Payment Plan [ ],

Other Plan _______________________________________ [ ]

Notes:

• All Payments are to be made by A/c payee Cheque*/Bankers Cheque*/Pay Order*/Demand Dra�*/Electronic Transfer* payable at New Delhi/Gurgaon only drawn in favor of “M3M INDIA PRIVATE LIMITED A/C SIERRA 68”.

• The Applica�on would be considered provisional and the allotment shall be subject to realiza�on of the Cheque*/Bankers Cheque*/Pay Order*/Demand Dra�* tendered by the Applicant. The date of clearing of the instrument shall be deemed to be the date of payment. Bank charges for outsta�on cheques shall be to the Applicant's account and credit shall be granted from the date of actual receipts of funds.

• All payments towards BSP, DC, PLC, IFMS, Club Membership Charges, Electrical Installa�on Charges, Power Back-Up Charges, Charges for Exclusive Right to Use of Car Parking Space/s, other statutory charges or any incidence of tax (current and/or retrospec�ve), maintenance or any other charges payable shall be paid by the Applicant as and when demanded by the Company or the nominated maintenance agency appointed by the Company/registered RWA.

• Stamp Duty, Registra�on Charges, documenta�on charges and any incidental expenses and documenta�on charges shall be payable extra by the Applicant.

• It shall be the sole responsibility of the non-resident/foreign na�onal/person of Indian origin to comply with the provisions of Foreign Exchange Management Act, 1999 and/or other statutory enactments, amendments thereof, rules & regula�ons of the


Reserve Bank of India and other Competent Authori�es.

• Service Tax and other like incidence of tax (by whatever name called) and other statutory dues as applicable shall be charged extra, as per the applicable Law.

• Payments from sources other than the Applicant(s) (“Third Party”) to be accompanied with No-Objec�on Cer�ficate(s) (“NOCs”) as per the approved format of the Company failing which the Company may in its sole discre�on reject the same and return directly to the said Third Party.

• To avoid penal consequences under the Income Tax Act, 1961, where sale considera�on for the Apartment exceeds Rs. 50 Lac, Applicant is required to comply with provisions of Sec�on 194 IA of the Income Tax Act, 1961 (effec�ve from 01st June, 2013), by deduc�ng Tax at Source (TDS) @ 1% (One Percent) from each instalment/payment. Please submit to the Company TDS Cer�ficate and Challan showing proof of deposi�on of the same within 7 (seven) days from the date of tax so deposited so that the appropriate credit may be allowed in Applicant's account.

• All communica�ons sent by the Company on the E-mail address provided by the Applicant, shall be deemed to have been duly served.

6. CHANNEL PARTNER'S NAME & ADDRESS: __________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

Channel Partner’s Seal and Signature

7. DECLARATION

I/We, the Applicant, hereby affirm and declare that the above par�culars/informa�on and details is/are true and correct and nothing has been concealed therefrom. I/We confirm that in case any of the informa�on and details given by me/us in this Applica�on and/or otherwise is/are incomplete or found incorrect, false or misleading at any stage, the Company shall be within its rights to reject this Applica�on and/or cancel the Allotment in pursuance thereof, if done and/or terminate/cancel the Agreement, if executed without any liabili�es and penal�es. I/We hereby further confirm that I/we have fully read and understood the terms and condi�ons as contained herein and accept and undertake to uncondi�onally abide by the same

Yours faithfully,

Date: ______________

Place: ______________

Signature of Applicant(s)


FOR OFFICE USE ONLY

Receiving Officer:

Name: ________________________________________ Signature: ______________________ Date: _____________________

ACCEPTED [ ] / REJECTED [ ] REGISTRATION NO: ______________________________________

Apartment No.: ___________________ Type:___________________Floor No.: ______________ Tower No.: _______________

1. Super Area: _______________________sq. �./ ___________________________sq. mtrs (approx.) (1 sq.�. = 0.0929 sq. mtr.)

2. Basic Sale Price (BSP) Rs.____________________________ per sq. �. of the Super Area

3. Total Preferen�al Loca�on Charges (PLC): Rs. ______________________ per sq. �. of the Super Area

4. Exclusive Right to Use of __________ Car Parking Spaces for Rs. ______________________

5. Development Charges (DC): Rs. ______________________ per sq. �. of Super Area

6. Club Membership Charges: Rs. ________________________

7. Interest Free Maintenance Security (IFMS): Rs. ____________________ per sq.�. of Super Area

8. Electrical Installa�on Charges: Rs._____________________ per sq.�. of Super Area

9. Power Back-Up Charges: Rs._________________________ per sq.�. of Super Area

10. Other charges: ________________________________________________________________________________________

11. Payment Plan: Construc�on Linked Plan [ ]/Down Payment Plan [ ]/Possession Linked Plan [ ]/ Other Plan

________________________________________________ [ ]

12. Payment received vide Cheque*/Demand Dra�*/Pay Order* No. __________________ dated ________________ / through

Electronic Transfer ________________________ dated ________________ for Rs. ____________________________________

(Rupees _________________________________________________________________________ only), out of the Applicant's

NRE/NRO/FC/ SB/CUR Account.

13. Receipt No.: _________________ dated ______________

14. Type of Booking: Direct [ ] /through Channel Partner [ ]

15. Remarks (if any)

Date: _______________________

Place: _______________________

Authorized Signatory


TERMS AND CONDITIONSThis Applica�on is subject to terms and condi�ons given hereunder and shall be binding on the Applicant in respect of the Apartment. These are also indica�ve key terms and condi�ons of the Agreement to be executed between the Applicant and the Company and are given with a view to broadly familiarize and acquaint the Applicant with provisions thereof. Detailed terms and condi�ons shall be set out in the Agreement.

1. The Applicant has/have applied for the allotment of the Apartment with full knowledge and understanding of all the applicable laws to the State of Haryana in general and the Project in par�cular. The Applicant further agrees to comply with any rules, policies, regula�ons and guidelines made with respect to the Apartment by the Company/ the Maintenance Agency/ the Competent Authority(ies)/ registered RWA. If this Applica�on is accepted by the Company, the allotment of the Apartment in pursuance thereof shall be subject to the terms and condi�ons stated herein and that of the allotment le�er.

2. The development, marke�ng and sale of the Project by the Company shall be pursuant to the inter-se valid and binding agreement and arrangement between the Company and its associate company(ies).

3. The Applicant is sa�sfied about the rights and interest of the Company to develop, sell and market apartments in the Project forming part of the Group Housing Colony to be developed on the land parcel admeasuring approximately 13.2118 acres located in Sector 68, Gurgaon, Haryana, India (“Land”), comprising of License No. 93 dated 13.08.2014 and the rights, interest and �tle of the Company/ associate company/ies in the Land. The Applicant has understood all the limita�ons, restric�ons, requirements and obliga�ons in respect thereof.

4. The Company is in the process of developing the Project, which shall consist of towers comprising of residen�al apartments with suitable infrastructural facili�es including mul�level basement parking in accordance with the building plan as approved by DGTCP vide Memo No. ZP-1026/AD(RA)/2014/28884 dated 24.12.2014 revised vide Memo No.ZP-1026/AD(RA)/2016/8595 dated 03.05.2016 Such plans are subject to change, as may be deemed necessary or required and as may be approved by the Competent Authority under the applicable law. It is further understood by the Applicant that the Project land cons�tutes of the land underneath the towers comprising the apartments of the Project (”Project Land”).

5. The Applicant confirms that the Applicant has/have relied on his/her/its/their own independent judgment, inves�ga�on, physical inspec�on of the Project site and inspec�on of documents including relevant sanc�oned plans, statutory approvals, the relevant informa�on and details in deciding to make the present Applica�on, and has/have not based his/her/its/their decision upon and/or has/have not been influenced by any illustra�ve architect's plans, adver�sements, sales plans and brochures, representa�ons, warran�es, statements or es�mates of any nature, whatsoever, whether wri�en or oral made by or on behalf of the Company. The Applicant confirms that he/she/it/they has/have obtained appropriate professional advice before proceeding further with this Applica�on.

6. The Applicant confirms having understood that since the Group Housing Colony, which includes the Project, is proposed to be developed in a phase-wise manner certain facili�es and services might be available in accordance with the phase-wise construc�on of the Group Housing Colony and shall be available as the construc�on progresses. The Applicant also understands and agrees that with the change in technology or otherwise the Company is en�tled to speed up the process of construc�on and that the Allo�ee agrees and understands that the sequence of construc�on milestones as men�oned in the payment plan are indica�ve in nature and are subject to change during the course of construc�on. While the �me linked instalments shall be raised in accordance and within the given �meframe, accordingly Company has the right to raise the demands based on the actual stage of construc�on, regard the construc�on linked demands, which can be earlier or later to the indica�ve milestones or in between the �me linked instalments as men�oned in the indica�ve payment plan and shall be payable on being raised, irrespec�ve of the sequence men�oned in the payment plan.

7. The Applicant agrees to sign, execute and deliver the defini�ve documents including but not limited to the Agreement and a separate maintenance agreement, any other papers, documents, undertakings and declara�ons, in the standard format, as may be required by the Company and/or the nominated maintenance agency and/or registered RWA for the maintenance and upkeep of the Project/Group Housing Colony as and when required alongwith declara�ons and undertakings contained therein. The Applicant accepts that the execu�on of the said documents shall be a condi�on precedent to the execu�on of the Conveyance Deed for the Apartment.8. The Applicant shall make the payment of BSP, DC, PLC, Club Membership Charges, IFMS, Charges for exclusive right to use of car parking space(s), Maintenance Charges, Electrical Installa�on Charges, Power Back-up Charges and/or any other charge or deposit on a Super Area basis with respect to the Apartment as per the opted Payment Plan and/or as may otherwise be communicated by


the Company from �me to �me. The Applicant shall further be liable to pay any enhancements in EDC & IDC or any tax/charges including any fresh incidence of tax as may be levied by the Government or any Statutory Authority/Competent Authority, even if such levies are retrospec�ve in effect, as and when demanded by the Company on the Super Area of the Apartment. The Applicant shall further make payment of registra�on charges, stamp duty and other incidental expenses as and when the Conveyance Deed is executed by the Company.

9. The applicant(s) has understood that BSP, PLC, Charges for exclusive right to use of Car Parking charges shall cons�tute “Total Considera�on”. In addi�on the Applicant(s) shall pay Club membership Charges, Electrical Installa�on Charges, Power Back-up Charges, IFMS and such other charges as men�oned in the Applica�on form/Agreement and the defini�ve documents.

10. “Development Charges” or “DC” shall mean the amount payable by the Applicant to the Company towards carrying out the development works inside or around the Project/Group Housing Colony, including but not limited to: (a) External Development Charges (“EDC”) and Infrastructure Development Charges (“IDC”) at present rates with respect to the LOI issued by DGTCP for the Group Housing Colony and any interest paid and/or payable thereon to the concerned authori�es;(b) Infrastructure Augmenta�on Charge (“IAC”) as presently conveyed and/or demanded by HUDA, DGTCP or the Government of Haryana with respect to the LOI for the Group Housing Colony and any interest paid and/or payable thereon to the concerned authori�es;(c) The cost of such other development/construc�on works as may be undertaken by the Company within or around the Project/Group Housing Colony that are not charged specifically elsewhere;(d) Any revisions in any of the above even if retrospec�ve in effect; and all costs and interests on such amounts �ll the date of demand to the Applicant at the rates men�oned in the LOI issued by DGTCP for the Group Housing Colony; (e) Cost incurred by the Company on the capital invested in making the payment of any of the Development Charges. Such cost shall be determined at the rate of 15% (Fi�een Percent) per annum.(f)In addi�on to the amounts as men�oned hereinabove, in case the Government of Haryana or any Government Authority, with a view to recover the cost of development with regard to state/ na�onal highways, transport, irriga�on facili�es, power facili�es, etc. may impose/ levy addi�onal fees, cesses, charges, etc. in the nature of infrastructure charges and / or by whatever name called (either exis�ng or leviable in future, including with retrospec�ve effect), the Applicant agrees to pay the same either directly to the concerned authori�es or if paid by the Company or demanded from the Company, pay the same to the Company calculated on the Super Area basis. In case the Applicant refuses or neglects to pay any such charges as may be demanded by the Company in furtherance to the demands raised by any Government Authority or Government of Haryana subsequent to the execu�on of the Conveyance Deed of the Apartment in favour of the Applicant then in that event the pro-rata demand made by the Company on the Applicant shall be treated as unpaid Sale Considera�on of the Apartment and the Company shall have first charge and lien on the Apartment to the extent of such unpaid Sale Considera�on �ll such amount is paid to the Company.

11. The Applicant shall also pay, as and when demanded by the Company, the Value Added Tax (VAT), Service Tax, Goods & Services Tax (GST), Works Contract Tax (WCT) or any other statutory taxes, du�es, charges, cesses, levies and the like as may be applicable to the Apartment and/or the Applicant in rela�on to the Apartment. The Applicant agrees and understands that in the event any property tax or the like is assessed separately in respect of the Apartment, the same shall be payable by the Applicant, to the concerned authority.

12. The Applicant is aware that although the Total Considera�on and other dues/charges/payments are payable on the Super Area of the Apartment (if applicable), however what will be transferred/conveyed to the Applicant shall be the Apartment Area. The “Apartment Area” shall mean and include the en�re area enclosed by its periphery walls including the areas under the walls, columns, sha�s, cut outs including the areas of the terrace(s) exclusive to the Apartment, if any, and the areas of the balcony/ies and half the area of the walls that are common with other apartments and full area in case of other walls, which form integral part of the Apartment. It is specifically clarified by the Company and accepted by the Applicant that the Apartment Area, if provided with exclusively accessible or usable open terrace(s) and balcony(ies) shall also include the area of such terrace(s) and balcony(ies) as may be provided. Notwithstanding the inclusion of such areas, the Applicant shall not cover or construct on such terrace(s) and balcony(ies) any permanent or temporary construc�on and shall use the same as open terrace(s) and balcony(ies) and in no other manner whatsoever. “Super Area” of the Apartment shall mean and include the Apartment Area plus the propor�onate undivided share in the Common Areas and Facili�es. The term Super Area is merely a no�onal and non-specific term and used only for the purpose of compu�ng the Total Considera�on and charges/dues/payments related to the Apartment and what shall be conveyed to the Applicant is only the Apartment Area. The term “Carpet Area” shall mean the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services sha�s, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal par��on wall of the Apartment.


13. The Applicant agrees and understands that the Applicant shall only have/get undivided propor�onate interest in the land (excluding the basement reserved for car parking and services) underneath the tower in which the Apartment is located , subject to the rights of the Company to undertake further development of the Land or part thereof as may be permissible. It is further agreed and understood that the Applicant has/have not been represented with or warranted that it shall have any kind of right, �tle or interest of any kind whatsoever on any other land, buildings, common areas, facili�es & ameni�es falling outside the Project Land save and except use of the specific facili�es and ameni�es which have been specifically earmarked common for all the phases of the Group Housing Colony. It is further agreed by the Applicant that the Apartment is indivisible and is not par��onable/divisible under any circumstances.

14. The Applicant understands and agrees that (i) this Applica�on and allotment pursuant thereto shall be strictly restricted to FAR that may have been allocated/u�lized with respect to the Super Area of the Apartment only and not for any other FAR of any nature whatsoever and the Applicant has no right of any nature whatsoever in the unallocated/ balance/unu�lized FAR in the Project Land/Land; (ii) if FAR is increased from �me to �me due to any addi�on of land parcel to the Project Land /Land or enhancement in FAR due to any Government's/Statutory Authority's direc�ons from �me to �me, and such increased/enhanced FAR on the Project Land/Land and all the rights in the increased/enhanced FAR shall vest with the Company or its subsidiaries/associates exclusively, and shall be in addi�on to the unallocated/balance/unu�lized FAR. The Company shall be the sole beneficiary/owner of and have the unfe�ered rights towards the presently unallocated/balance/unu�lized FAR and the increased/ enhanced FAR in the Project Land/Land including any por�on thereof.

15. “Other Charges” – The Applicant understands that the Total Considera�on does not include Electricity Connec�on Charges, power backup charges & related security deposit and/or charges pertaining to u�li�es/facili�es/ameni�es etc. such as for domes�c gas supply pipeline, FTTH (Fiber to the Home) etc. being made available for the Apartment in par�cular and the Project in general and not specifically charged or quan�fied herein, which shall be communicated by the Company on or before No�ce of Possession. The Applicant agrees to pay all such charges as may be communicated and demanded by the Company without any objec�on to the same.

16. The Company and/or the duly nominated Maintenance Agency shall provide services for maintenance, upkeep, repairs, security, landscaping and common areas etc. for the Project/Group Housing Colony subject however to regular and �mely payment of maintenance and allied charges/deposits required to be made by the Applicant. The liability to pay maintenance charges shall commence from the date of no�ce of offer of possession of the Apartment by the Company, regardless of the actual possession or occupa�on of the Apartment and irrespec�ve of whether the Applicant uses the maintenance services or not. The Applicant confirms and acknowledges that the Project will be maintained by the Company and/or an agency duly nominated/appointed by the Company/ registered RWA.

17. The Applicant understands and acknowledges that the Group Housing Colony shall be developed in a phase-wise manner and that the Applicant shall not raise any objec�on regarding such construc�on ac�vity, development or make any claims, complaint or default in any payments as demanded by the Company on account of inconvenience, if any, which may be suffered by him/her/them/it due to such developmental/construc�on ac�vi�es or incidental/related ac�vi�es.

18. The Applicant confirms having made this Applica�on with the full knowledge and understanding that the site plan and sanc�oned plans may be altered, modified and revised subject to the Company obtaining necessary regulatory approvals and that the Applicant shall have no objec�on for such revision, if done, in pursuance thereof. In the event of such revision/modifica�on there may be a change in the Super Area of the Apartment and that the same shall be accordingly revised, modified, changed and the resultant varia�on in applicable Total Considera�on /other charges/dues/payments agreed herein, as the case may be, shall either be payable or refundable without any interest thereon and at the BSP men�oned herein. Upon the receipt of Occupa�on Cer�ficate, the final Super Area shall be calculated and communicated, which shall be final and binding.

19. In the event the varia�on (increase/decrease) in the Super Area of the Apartment is greater than 10% (Ten Percent) and such varia�on is not acceptable to the Applicant, every a�empt shall be made to offer an alternate apartment of a similar size within the Project subject to availability. In the event that such an alternate apartment is available and the Applicant accepts such alternate apartment, the applicable Total Considera�on/other charges/dues/payments, including the applicable PLC, resul�ng due to such changed loca�on/Apartment shall be payable or refundable, as the case may be, at the BSP men�oned herein. No other claim, monetary or otherwise, shall lie against the Company.

20. The Applicant understands and acknowledges that on account of any such changes, the Project may not include the Apartment allo�ed to the Applicant. In such an event, the Applicant shall be offered an alternate apartment within the Project and if there is no


such alternate apartment available or if available, is not acceptable to the Applicant, then, the amount of Total Considera�on /other charges/dues/payments received against the Apartment shall be refunded within a period of Ninety (90) days of such confirma�on, along with simple interest thereon at the rate of Nine Percent (9%) per annum applied from the date of receipt of each payment installment from the Applicant. There shall be no other claim, whatsoever, monetary or otherwise against the Company/ies and/or its directors, officials and agents nor any claim or demand shall otherwise be raised by the Applicant.

21. The Company reserves its right, subject to applicable laws, to give on lease or hire and/or enter into any other arrangement/understanding and/or alienate (in any manner) the whole or any part of the area above the top floor (excluding exclusive terraces forming part of penthouse/s of any Tower in the Project) and other areas not declared as common area and the Applicant agrees not to object to the same or to make any claim on this account.

22. The Apartment applied for, along with the Project, shall be subject to the Haryana Apartment Ownership Act, 1983 (“1983 Act”) applicable in the State of Haryana, if any, or any statutory enactments or modifica�ons thereof. The Common Areas and Facili�es and the undivided interest of each apartment owner in the Common Areas and Facili�es, as specified by the Company in the Deed of Declara�on which may be filed by the Company in compliance of 1983 Act or any statutory enactments or modifica�ons thereof, shall be conclusive and binding upon the owners of the apartments and the Applicant confirms that area of the Apartment, his/her/its/their right, �tle and interest in the concerned Apartment/building/tower in the Project shall be limited to and governed by what is specified by the Company in the Deed of Declara�on. In this regard, it is made clear by the Company and fully understood by the Applicant that the Deed of Declara�on to be filed in compliance of 1983 Act shall be in consonance with other clauses contained herein/the Agreement.

23. The Applicant understands and agrees that the charges for the usage of the Car Parking Space(s) are included in the Total considera�on as applicable for the Apartment applied for. The right to exclusive use of Car Parking Space(s) shall be an integral part of the Apartment and cannot be transferred independent of the Apartment. Right to use of any addi�onal parking spaces may be granted upon request on a first-come-first-served basis, subject to availability and upon payment of such charges as may be decided by the Company. It is made clear by the Company and accepted by the Applicant that the Apartment alongwith the Car Parking Space(s) shall be treated as a single indivisible unit for all purposes including but not limited to 1983 Act and/or any other applicable law.

24. 15% (Fi�een Percent) of the BSP, PLC, Right to use of Car Parking shall cons�tute the “Earnest Money”.

25. The Applicant hereby agrees that due performance of all the obliga�ons under this Applica�on including the �mely payment of the Total Considera�on and other applicable dues/charges/payments and adherence to the opted Payment Plan shall be the essence of this Applica�on. The Applicant shall also be liable to make �mely payment of the amount(s) due and payable by the Applicant by the respec�ve due dates for such payments, failing which the Company shall be en�tled to cancel the allotment and terminate the Agreement, if executed, at its sole discre�on and forfeit an amount equivalent to the Earnest Money and recover such other amounts due and payable to the Company including any interest accrued on delayed installments and any fee/brokerage/commission/margin that may have been paid by the Company to a Channel Partner (in case the applica�on is made through a Channel Partner) and therea�er, refund the balance amount, if any, without any interest or any other compensa�on of any nature whatsoever, from the sale proceeds of the re-allotment/ resale of the Apartment. Upon such cancella�on, the Applicant shall be le� with no right, lien or interest whatsoever over and in the Apartment and the parking spaces in any manner whatsoever.

26. The Company at its cost and expense shall construct and develop club in the Group Housing Colony (“Club”) which, at the sole discre�on of the Company, maybe transferred to any third party to own, operate, manage and maintain on such terms and condi�ons as the Company may agree with such third party. The Applicant's right to use such Club shall at all �mes be subject to payment of membership charges, subscrip�on fees and such other charges of the Club as well as upon adherence of all rules, bye-laws, terms and condi�ons as may be in�mated by the Company or such third party in rela�on to such Club.

27. The Applicant(s) agrees and understands that the Total Considera�on and other charges/payments payable etc. in rela�on to the Apartment, has been calculated on the basis of part of the land comprising of the footprint area beneath the tower in which the Apartment is located, Common Areas and Facili�es as defined in the Agreement and as shall be specified in the Deed of Declara�on to be filed under the Apartment Act by the Company and the Apartment Area as will be conveyed to the Allo�ee in accordance with the Conveyance Deed executed by the Company. The Allo�ee agrees that if due to change in any law, or coming into existence of any enactment into force, no�fica�on or order by any government/local authority or any other statutory authority, any court order or judgment, any area other than the Project Land is to be conveyed or is to be transferred to the Applicant or to the RWA, the Applicant agrees and undertakes to make the payment of such propor�onate cost and price for the same as may be determined by the


Company from �me to �me.

28. In the event the Applicant fails, neglects and/or otherwise delays payment of any of the installments or other dues and charges then, notwithstanding the Company's right to cancel the allotment of the Apartment at its sole discre�on at any �me a�er such default, the Company may, at its sole op�on and discre�on, waive such failure, neglect and/or delay in any such payment upon the condi�on that the Applicant shall, over and above the outstanding payment, also pay interest on the payment due at simple rate of interest of 24% (Twenty Four Percent) per annum applied for the period reckoned from the due date of such payment �ll the date of payment by the Applicant to the Company, provided that if payment is made through cheque the same shall be encashed on presenta�on by the Company. The Applicant agrees that �mely payment of installments is the essence of the Agreement as Company is bound to deliver the Project in �mely manner, and for which purposes the Company may avail of funding for development of the Project, which entails huge financial implica�ons for the Company.

29. The Applicant agrees that in the event the Applicant applies for cancella�on of the allotment at any point of �me, the Company, may cancel the allotment a�er forfei�ng the Earnest Money and recovering such other amounts due and payable to the Company including any interest accrued on delayed installments and any fee/brokerage/commission/margin that may have been paid by the Company to a Channel Partner (in case the Applica�on is made through a Channel Partner) and shall refund the balance amount, if any, from the sale proceeds of the re-allotment/resale of the Apartment, to the Applicant without any interest or compensa�on.

30. The Company shall adjust any payment received from the Applicant first towards statutory levies and then towards interest on overdue installments, therea�er towards overdue installments or any other outstanding demand and finally the balance, if any, towards the current payable installment or current dues.

31. The Conveyance Deed of the Apartment shall be executed only where full payment of the Total Considera�on has been made and all defini�ve documents including the maintenance agreement have been executed, the Payment Plan has been fulfilled and no other payments and charges remain due to the Company.

32. In general the Applica�on is non-transferable. Any transfer/nomina�on by the Applicant without the prior permission/approval of the Company shall be treated as null and void and such transfer/nomina�on shall not be binding on the Company. The Applicant understands that the Company shall charge an administra�ve fee, as may be decided by the Company from �me to �me, for any request for transfer/nomina�on and the same shall be effected in a manner and as per procedure as may be formulated by the Company. The Applicant and the transferee shall be required to submit such necessary documents in the formats as may be required by the Company for such transfer(s)/nomina�on(s).

33. The Applicant shall resolve complaint(s), if any, with regard to construc�on or quality of workmanship of the Apartment which have been directly executed by the Company, prior to assuming possession a�er which all such claims shall be deemed to have been se�led or waived by the Applicant. The Applicant also agrees and understands that the Company shall not be responsible or liable for giving any warranty of items which have been part of the Apartment and for which manufacturer of the item is responsible such as cables, wires, bulbs etc. as the same are governed by the terms and condi�ons of the manufacturer. Notwithstanding the above, the Applicant agrees, confirms and undertakes to abide by the usage manual and guidelines as laid down/ provided by the Company and/ or the Maintenance Agency and/or manufacturer/ supplier of the installa�ons, fixtures and fi�ngs as provided for in the Apartment and/or used for the Apartment.

34. The Applicant agrees and undertakes not to modify the Apartment, make any structural change or raise any construc�on within the Apartment or otherwise encroach upon or occupy any common area or any other area outside the Apartment. The Applicant shall not use the Apartment or permit the same to be occupied or used for any purpose other than residen�al as sanc�oned by DGTCP and shall not cause nuisance to other residents or use the Apartment for any unlawful, illegal or immoral purposes.

35. The Applicant shall keep the Company advised about its latest mailing address, both postal and e-mail, failing which all demands/no�ces/communica�ons shall be deemed to have been delivered and served upon the Applicant at the address last recorded by the Company. The Applicant shall remain liable for any default in payment and/or other consequences that might accrue due to any change in postal address/e-mail address. It is hereby clarified that in case of joint applicant(s), all no�ces and other communica�ons shall be sent by the Company in the name and at the address of the person first-named as the Applicant in the Applica�on or as otherwise communicated to the Company and each of such no�ce and communica�on shall for all purposes be considered to be delivered and served upon all other applicants. No separate no�ce/communica�on will be sent to any of theother joint applicant(s). The Applicant confirms and agrees that any communica�on to the email address provided in the Applica�on shall be considered a valid communica�on to the Applicant.


36. In case the Applicant has opted for a construc�on-linked payment plan, the Company shall, subsequent to �me linked installments, send call/demand no�ces for only the construc�on linked installments. In all other cases or �me linked installments it shall not be obligatory on the part of the Company to send/call demand no�ces/ reminders for payments as may be due from the Applicant as per the opted Payment Plan.

37. The Applicant has read and understood all the terms and condi�ons set out in this Applica�on, understood the mutual rights and obliga�ons and agrees that some of the condi�ons set out in this Applica�on, are necessary for the purpose of maintaining the quality, pres�ge and exclusivity of the said Project/Group Housing Colony. The Applicant also confirms that the Applicant has chosen to invest in the Apartment/ Project/Group Housing Colony a�er exploring all other op�ons of similar proper�es available with other builders, developers and available in resale in the vast and compe��ve market of Na�onal Capital Region and therefore, has voluntarily approached the Company for allotment of the Apartment in the Project.

38. The Company shall not be responsible or liable to any third party making payments or remi�ances to the Company for and on behalf of the Applicant and such third party shall not have any right or claim in this Applica�on or the allotment and/or against the Company. The Company shall issue its payment receipts only in favor of the Applicant and shall communicate only with the Applicant. The Applicant shall alone be directly and completely responsible and liable for any such payment/remi�ance that the Company may receive from any third party.

39. The Allotment in pursuance of this Applica�on and the terms and condi�ons thereof shall be binding upon the Applicant and the Applicant hereby agrees to execute all necessary documents, including the Agreement, as stated herein. The Applicants/s understand that this Applica�on cons�tutes a valid contract and the terms thereof shall remain valid and binding on the Par�es �ll the execu�on of the Agreement. The terms and condi�ons men�oned herein shall be in addi�on to the terms and condi�ons of the Agreement and other defini�ve documents to be executed between the Par�es including but not limited to maintenance agreement. However, in case of any contradic�on between the terms and condi�ons men�oned herein and terms and condi�ons specified in the Agreement and other such defini�ve documents, the terms and condi�ons specified later in the Agreement and such defini�ve documents, shall supersede the terms and condi�ons as set out herein. If, however, the Applicant fails to execute necessary documents, including the Agreement, within the �me s�pulated by the Company, then this Applica�on and the Allotment shall be treated as cancelled and the Earnest Money forfeited. Consequently, the Applicant shall be le� with no right, interest or claim in the Apartment and no compensa�on, interest or any cost as a result of such cancella�on shall be payable in this regard.

40. The Applicant agrees that the Company shall have the right to raise finance/loan from any financial ins�tu�on/ bank/other en�ty by way of mortgage/charge/securi�za�on of receivables of the Apartment/towers/Project/Group Housing Colony/Land, subject to the Apartment being free of any encumbrance at the �me of execu�on of the Conveyance Deed. The financial ins�tu�on/bank/en�ty shall always have the first lien/charge on the Apartment before execu�on of Conveyance Deed for all its dues and the Company shall also have a pari passu lien/charge on the Apartment for all sums payable by the Applicant in respect of the Apartment.

41. The Applicant may apply for a loan/finance, if required, to any bank/financial ins�tu�on/en�ty only for the purchase of the Apartment, if so allo�ed to him/her/them. The Applicant understands that it shall not be the responsibility or liability of the Company to make arrangements or facilitate in sanc�oning and disbursement of the loan to the Applicant. Company shall not be held responsible in any manner whatsoever in the event the applica�on for loan/ finance made by the Applicant is rejected by any bank/financial ins�tu�on/en�ty and the loan/finance is not sanc�oned and/or disbursed. The Applicant confirms that his/her/their liabili�es to pay the installments and other amounts and charges due and payable to the Company are not dependent upon such loan/finance and shall con�nue unabated irrespec�ve of status of his applica�on for loan/finance and/or if the loan amount is not disbursed in �me upon its sanc�on by the bank/financial ins�tu�on/ en�ty. In case the Applicant avails a loan/ finance, the Conveyance Deed shall be executed only upon receipt of No-Objec�on Cer�ficate from such bank/ financial Ins�tu�on/en�ty.

42. Subject to the applicable law the Applicant agrees and acknowledges that the Company shall be en�tled to enter into any arrangement and/or understanding and have absolute and unfe�ered rights to grant and/or transfer and/or convey and/or assign and/or alienate and/or otherwise deal with in any manner whatsoever (including without limita�on slump sale, any scheme of amalgama�on, merger, demerger, hiving off, restructuring, reorganiza�on or any other arrangement or scheme permissible under the Law, dis-investment) all or any of its rights and interest in the Project/Project Land or Land, as may be decided by the Company and as permissible under the applicable law and the Applicant shall not raise any objec�on or dispute at any �me in this regard.

43. The Applicant shall indemnify and keep harmless the Company, its directors, officers, agents and representa�ves, against any


loss, damage or liability that may arise due to non-payment, non-observance or non-performance of any of the covenants and condi�ons by the Applicant as men�oned in this Applica�on/Allotment.

44. The Applicant shall comply with all legal requirements for the purchase of immovable property, as and when applicable. An Applicant who is a Non-Resident/Foreign Na�onal/Person of Indian Origin agrees to abide by the provisions of Foreign Exchange Management Act, 1999 (FEMA), or statutory enactments or amendments thereof, and the rules and regula�ons of the Reserve Bank of India, the Income Tax Act, 1961 or any other applicable Law. The Company accepts no direct or indirect responsibility or liability in this regard. The Applicant agrees that in the event of any failure on his part to comply with the same, the Applicant shall alone be liable for any ac�on under FEMA or any other applicable law and shall keep the company fully indemnified and harmless in this regard. The Applicant may visit www.rbi.org.in to check the latest rules/no�fica�ons in this regard.

45. The Applicant has confirmed having read and understood 1983 Act, and other applicable Acts/Rules and their implica�ons thereof in rela�on to the Project and has further confirmed to comply, as and when applicable and from �me to �me, with the provisions of 1983 Act, and with any statutory enactments, amendments or modifica�ons thereof and the provisions of any other Law dealing with the subject ma�er of this Applica�on/ Apartment.

46. The Applicant agrees that the Real Estate (Regula�on and Development) Act, 2016 (“RERA”) in its en�rety /state enactments thereof may come into existence and effect, due to which Company shall be en�tled to carry out such changes in the Applica�on Form or part thereof as may be required and to which the Applicant shall not raise any objec�on. The changes may also result in change of the areas to be transferred and conveyed to the Applicant or to the RWA regard which the Applicant shall be required to pay such propor�onate cost as may be determined and communicated by the Company. However, the price payable for the Apartment Area per-se shall remain unchanged.

47. The Applicant understands that apart from the Applicant herein there are other applicants also who have invested in the property/Project and any kind of defama�on and spreading of false and misleading informa�on by any group forma�on or web-pos�ng may have serious impact and undermine valua�on and reputa�on on the investments made by the other applicants in the Project. Therefore, the Applicant agrees to resolve the disconnect if any, with the Company through the dispute resolu�on mechanism as men�oned in the Applica�on form.

48. The Applicant clearly understands and agrees that all terms and condi�ons as contained herein and the obliga�ons thereof regard the said Apartment/Project shall be applicable and enforceable against any and all occupiers, tenants, licenses and any subsequent Applicant(s)/Allo�ee(s) of the said Apartment.

49. The Applicant agrees that BSP of the Apartment is based on cost of construc�on (“COC”) of Rs. 3200/- (Rupees Thirty Two Hundred Only) per sq. �./per 0.0929 sq. mtrs. of Super Area, es�mated as of June, 2016. The computa�on of varia�on in COC shall be done as per the methodology described herein, based on price index and rates no�fied by Government Bodies and Statutory Authori�es, from �me to �me, and as is permissible under law. Varia�on in COC upto 5% (Five Percent) shall be borne by the Company. However, if the varia�on is more than 5% (Five Percent), then the en�re varia�on shall be charged or refunded to the Allo�ee, as the case may be. The Applicant undertakes to pay the varia�on in COC, whether interim or final, as and when demanded (lumpsum or otherwise) by the Company. The Applicant agrees and understands that any default in payment of the same shall be deemed to be a breach of the terms and condi�ons of the Applica�on.

V = (COC) x {0.4*(L1-Lo)/Lo + 0.55*(M1-Mo)/Mo + 0.05*(D1-Do)/Do} Where:


Varia�on in cost of construc�on per sq. �./per 0.0929 sq. mtrs of the Super Area.

Minimum Wages of an unskilled labour, fixed under statutory rule/order as applicable for Gurgaon for the period under considera�on �ll the next revision.

Minimum Wages of an unskilled labour, fixed under statutory rule/order as applicable for Gurgaon as of June, 2016.

All India wholesale price index for all commodi�es for the period under considera�on as published by economic advisor to the Government of India, Ministry of Commerce and Industry.

V

L1

Lo

M1

All India wholesale price index for all commodi�es as published by economic advisor to the Government of India, Ministry of Commerce and Industry as valid as of June, 2016.

Mo

50. The Applicant understands that the Company may, at its sole discre�on, decide not to allot an Apartment in the Project or notwithstanding the allotment altogether decide to abandon the Project. The receipt of the amount with this Applica�on does not oblige or make the Company obligated to allot an Apartment to the Applicant. In case, the Company abandons the Project for reasons other than Force Majeure condi�ons or due to any Governmental order or under any Law, the Applicant shall be en�tled for a refund of the en�re amount paid to the Company along with simple interest @9% (Nine Percent) per annum on such amounts and that no other claim monetary or otherwise shall be raised by the Applicant.

51. In the event the Applicant desires to visit and inspect the Project site during its course of construc�on, the Applicant shall give an advance wri�en request for the same and the Company shall arrange the site visit of the Applicant accordingly. However, the Applicant specifically agrees and undertakes that the Company shall not be held responsible/accountable for any loss(es)/cost(s)/damage(s) or any other expenses, in any manner, arising/caused, if any, on account of any accident/mis-happening that may occur/happen to the Applicant or any other person accompanying the Applicant, at the �me of such inspec�on and the Applicant shall indemnify and keep the Company harmless and indemnified in this regard.

52. The Applicant agrees that in case the Company has to abandon the Project or is unable to deliver the Apartment (a) due to any legisla�on, order, rule or regula�on made or issued by the Government or any other authority; (b) if any Competent Authority refuses, delays, withholds or otherwise denies necessary approvals for the Project/Group Housing Colony or any part thereof for any reason whatsoever; (c) if any ma�er rela�ng to the Project/Group Housing Colony becomes the subject ma�er of any legal proceedings before any Competent Court; (d) due to Force Majeure condi�ons; or (e) any other circumstance beyond the control of the Company, then the Company may cancel the allotment of the Apartment and refund the amounts received from the Applicant without interest or compensa�on.

53. The compliance of the terms and condi�ons of this Applica�on and the development of the Project by the Company shall at all �mes be subject to Force Majeure condi�ons as defined below:- The Company shall not be responsible or liable for not performing any obliga�on if such performance is prevented, delayed or hindered by any act not within the reasonable control of the Company. Such acts shall mean any event which by itself or in combina�on with other events or circumstances could not (i) by exercise of reasonable diligence, or (ii) despite adop�on of reasonable precau�ons, have been prevented or caused to have been prevented, and which impairs or otherwise adversely affects the Company's ability and capacity to perform its obliga�ons and which events and circumstances shall include but not be limited to,(a) acts of God, such as fire (including fire resul�ng from explosion), lightning, drought, flood, typhoon, hurricane, tornado, cyclone, tempest, storm, inunda�on, earthquake (including earthquake shock and fire), epidemics and other natural disasters; (b) mischief, explosions (including fire resul�ng from explosion), aircra� impact damage; (c)strikes or lock outs, industrial disputes; (d) non-availability of cement, steel or other construc�on material due to strikes or lock outs at manufacturers, suppliers, transporters or other intermediaries or otherwise; (e) war and hos�li�es of war (whether war be declared or not), riots or civil commo�on; (f) delay or imposi�on of any adverse condi�on or obliga�on in any approval from any Government Authority including but not limited to delay in issuance of Occupa�on Cer�ficate ; (g) promulga�on or amendment of any law, rule or regula�on or the issue of any injunc�on, court order or direc�on from any Government Authority that prevents or restricts the Company/Associate Companies from complying with the terms and condi�ons as contained in this Applica�on; (h) economic recession; (I) poli�cal unrest; and, (j) any event or circumstance similar or analogous to the foregoing or beyond the control of the Company. In case of a Force Majeure event, the Company shall be en�tled to reasonable extension of �me for performance of its obliga�ons or otherwise en�rely abandon the Project.

54. The Company, based upon its present plans and es�mates, and subject to all excep�ons including Force Majeure condi�ons and subject to the Applicant having complied with all obliga�ons under this Applica�on, including but not limited to the �mely payment of each and every installment of the Total Considera�on and other dues/charges/payments and also subject to the Applicant having complied with all documenta�on as may be required by the Company including but not limited to execu�on of the maintenance agreement, proposes to handover possession of the Apartment within a period of sixty (60) months from the date of


Retail rate of Diesel (HSD) in Gurgaon as applicable for the period under considera�on �ll the next Revision.

Retail rate of Diesel (HSD) in Gurgaon as of June, 2016.

D1

Do

commencement of construc�on which shall mean the date of laying of the first plain cement concrete/mudmat slab of the Tower or the date of execu�on of the Agreement, whichever is later (“Commitment Period”). If the Company is unable to offer possession by the end of such Commitment Period, subject to compliance of condi�ons hereinabove men�oned, the Company shall be liable to pay compensa�on at the rate of ̀ 7.50 (Rupees Seven and Paise Fi�y Only) per sq. �. of the Super Area (“Delay Compensa�on”) of the Apartment for every month of delay i.e. for the actual �me period of delay beyond the Commitment Period un�l the date of No�ce of Possession and that no other claim monetary or otherwise shall be raised by the Applicant. Further, the Applicant agrees and understands that although the Applicant shall be en�tled to the Delay Compensa�on in the event of possession being offered a�er the expiry of the Commitment Period. However, in the event of the Company offering the possession prior to the expiry of the Commitment Period due to improvement in construc�on methodology and efficiency or any reason whatsoever, the Allo�ee shall be under an obliga�on to make all payments due when demanded by the Company without any protest or demur.

55. The Applicant agrees to assume possession of the Apartment in accordance with the No�ce of Possession sent by the Company and in case the Applicant is unable to assume possession in terms of such no�ce within the s�pulated �me, the Applicant shall be liable to pay charges equivalent to ̀ 7.50 (Rupees Seven and Paise Fi�y Only) per sq. �. per month of the Super Area of the Apartment (“Holding Charges”) which shall be a dis�nct charge and shall be in addi�on to maintenance charges and not related to any other dues/charges/considera�on as provided in this Applica�on or any other agreement that may be executed in rela�on to the Apartment.

56. On behalf of all the apartment owners, the Company/ the Maintenance Agency may insure the Project in which the Apartment is located against fire, explosion, lightning, earthquake, riots, strikes and civil commo�on, floods, terrorism and other man-made and natural perils (“Property Insurance”). The propor�onate premium cost thereof shall be payable by the Applicant according to the ra�o that the Super Area of the Apartment bears to the Super Area of all Apartments in the Project. However, such insurance shall not insure any personal belongings, fixtures, fi�ngs and any valuables of the Applicant contained in the Apartment which together with third party risk may separately be insured by the Applicant at costs to be borne only by the Applicant. The Applicant shall not do or permit or cause to be done any act which may render void or voidable such insurance or cause any increase in the premium cost of the Property Insurance. Any act of omission or commission in this regard shall be the sole responsibility and liability of the Applicant.

57. The Applicant agrees and undertakes that upon taking possession, the Applicant shall join the registered associa�on/society of apartment owners of the Project as duly recognized by the Company for the Project for and on behalf of all the allo�ees of the apartments thereof and shall not form/join/become part of any other RWA/ associa�on/society in this regard. The Applicant further agrees to pay any fees/subscrip�on charges and other charges demanded thereof and to complete such documenta�on and formali�es as may be deemed necessary for this purpose. The Applicant agrees to execute such forms, applica�ons or documents for the purpose of becoming a member of the said registered associa�on of apartment owners or for any other purposes as may be necessary.

58. Notwithstanding anything contained in this Applica�on, �mely performance by the Applicant of all obliga�ons, including without limita�on, the obliga�on to make �mely payments of the Total Considera�on/other charges/dues/payments, including any interest, penalty, taxes, du�es, dues or charges, in accordance with this Applica�on shall be the essence of this Applica�on and transac�on. If the Applicant omits, ignores or otherwise fails in the �mely performance of the obliga�ons s�pulated herein for any reason whatsoever or to pay in �me to the Company any of the installments or other amounts and charges due and payable by the Applicant by respec�ve due dates, the Company may cancel the allotment under this Applica�on, as follows:- (a) In case any breach commi�ed by the Applicant is incapable of remedy or the breach is repeated or is con�nuing despite the Applicant having being given an opportunity to remedy the same, then this Applica�on may be treated as cancelled by the Company by wri�en no�ce of termina�on to the Applicant in�ma�ng the decision of the Company to treat the Applica�on as cancelled and cancel the allotment sta�ng the grounds on which such ac�on has been taken; (b) In all other cases where breach is capable of remedy, the Company shall give to the Applicant a period of Fi�een (15) days or as specified in such no�ce to remedy the breach set out in such no�ce within the �me given therein. In the event that the Applicant fails to remedy the no�fied breach or establish to the sa�sfac�on of the Company that the breach has been remedied within the �me specified in the said no�ce, the Company may treat the Applica�on as cancelled and cancel the allotment. (c) For the removal of all doubts, it is hereby clarified that an e-mail (as per records of the Company) or dispatch of the no�ce of termina�on by the Company shall be deemed to have been served upon the Applicant and shall by itself cons�tute cancella�on of allotment and termina�on of the Agreement and no further act on the part of the Company shall be necessary for this purpose. (d) The Applicant understands, agrees and consents that upon such cancella�on, the Company shall be under no obliga�on except to refund the amounts already paid by the Applicant to the Company, without any interest, a�er forfei�ng and deduc�ng the Earnest Money and other amounts due and payable to the Company including any interest accrued on delayed installments and late payment charges applicable �ll the date of such cancella�on, brokerage/commission/margin paid to any Channel Partner etc. The Company shall therea�er, be free to deal with the Apartment in any manner whatsoever at its sole and absolute discre�on/re-allot/resell the Apartment to any other person without entertaining


any objec�on/claim from the Applicant. (e) In case the Applicant has assumed possession of the Apartment prior to cancella�on, the Company shall be en�tled to re-enter and re-assume possession of the Apartment and shall have lien on the Apartment �ll the �me such breach is rec�fied, further in such event, the Applicant and/or any other person/occupant of the Apartment shall immediately vacate the Apartment and otherwise shall be liable to be ejected as an unlawful occupant/trespasser. This is without prejudice to any other rights available to the Company under law against the Applicant.

59. An Applica�on not containing PAN details of the Applicant and other required details is liable to be summarily rejected. The Applica�on should be signed by the Applicant, or by the Applicant's registered Power of A�orney holder. Similarly, in the case of a Company/LLP/Partnership/Society/Trust applying for an Apartment, the Applica�on should be signed by its duly authorized person(s) and must be accompanied by a corresponding Board Resolu�on/Authoriza�on.

60. The Company, in its sole discre�on, may at any �me in future provide such nomenclature to the Project/Tower or part of the Project, which it deems fit and proper.

61. The Allotment of an Apartment is en�rely at the discre�on of the Company which retains its right to reject an Applica�on without assigning any reason. Further, the Company reserves the right to cancel the allotment of an Apartment in case such allotment is obtained through misrepresenta�on and suppression of material facts by the Applicant and the Company's decision in this regard shall be final and binding upon the Applicant.

62. Any dispute arising out of or touching upon or in rela�on to the terms of this Applica�on and/or the transac�on including the interpreta�on and validity of the terms and condi�ons thereof and the respec�ve rights and obliga�ons of the Par�es shall be se�led amicably by mutual discussions. In case the par�es are unable to se�le their disputes within Fi�een (15) days, the same shall be se�led through arbitra�on as per the Arbitra�on and Concilia�on Act, 1996, or any statutory amendments/modifica�ons thereof for the �me being in force, by a sole arbitrator selected from the names of two arbitrators suggested by the Company. In case, the Applicant delays/neglects/refuses to select one of the names from the suggested names within Fi�een (15) days of in�ma�on, the Company shall be at liberty to appoint one of the proposed persons as a sole arbitrator, whose appointment shall be final and binding on the Par�es. Costs of arbitra�on shall be shared equally by the Par�es. The arbitra�on shall be held in English language at an appropriate loca�on in Gurgaon, Haryana.

63. The District Courts at Gurgaon, Haryana and/or Punjab and Haryana High Court, to the exclusion of all other courts in India shall alone have exclusive jurisdic�on in all ma�ers arising out of, touching and/or concerning this Applica�on and the arbitra�on proceedings there under.

64. The terms & condi�ons stated herein are merely broad terms and condi�ons and detailed and exhaus�ve terms and condi�ons shall be set out in the Agreement to be executed pursuant to the allotment of the Apartment.

65. The Company has the right to conduct Know Your Customer (KYC) Verifica�on of the Applicant by its authorized representa�ve based on the informa�on provided in this Applica�on. It is the sole responsibility of the Applicant to provide the updated informa�on, if any, from �me to �me.

DECLARATIONI/ We have fully read and understood the above men�oned terms and condi�ons and agree, confirm and declare to fully abide by the same. I/We understand that the above men�oned terms and condi�ons are binding in nature and are also indica�ve of the terms and condi�ons of the Agreement which shall be comprehensively elucidated and delineated in the Agreement. I/We the Applicant do hereby declare that my/our Applica�on is irrevocable. I/We am/are fully conscious that it is not obligatory on the part of the Company to send any reminder/no�ce in respect of my/our obliga�ons as set out in this applica�on and as may be men�oned in the Agreement and I/ we shall be fully liable for any consequences in respect of any default in not abiding by the terms and condi�ons contained herein and/or as may be contained in the Agreement. The Company has readily provided all explana�ons and clarifica�ons to me/us as sought by me/us and a�er giving careful considera�on to all facts, terms and condi�ons. We have now signed this Applica�on and paid the amount being fully aware and conscious of my/our du�es, liabili�es and obliga�ons. I/We further undertake and assure the Company that in the event of rejec�on of the applica�on and/or cancella�on of my booking or allotment,I/ we shall have no right, claim interest or lien on the Apartment, if any.Place: _____________Date: ______________


Note: The use of words in the singular shall include the plural and use of words in the masculine, feminine or neuter gender shallinclude the other two; reference to any law shall include such law as from �me to �me enacted, amended, supplemented or reenacted; & reference to the words “include” or “including” shall be construed without limita�on.

Documents to be submi�ed along with the Applica�on Form It is mandatory to affix recent passport size photograph of all the Applicant(s) in designated places in the Applica�on Form.

Resident Indians/Hindu Undivided Family (HUF)• Copy of PAN Card (Self A�ested)• Recent Passport Size Photograph (Self A�ested)• Current Address Proof• Permanent Residen�al Address• Copy of Iden�ty Proof(Copy of Passport, Elec�on card, Driving License, Aadhar Card or any other Govt. ID) (Self A�ested)• Proof of Ci�zenship•Signature Verifica�on from Bank• Any other document/cer�ficate as may be required by the Company

For Non-Resident Indians (Holding Indian Passport)• Copy of PAN Card (Self A�ested)• Copy of Passport (Self A�ested)• Recent Passport Size Photograph (Self A�ested)• Current Address Proof• Permanent Residen�al Address• Proof of Ci�zenship• Signature Verifica�on from Bank• In Case of Demand Dra� (DD), the confirma�on from the banker sta�ng that a DD has been prepared from the proceeds of NRE/NRO account of the Applicant• In Case of Cheque, the payment should be received from the NRE/NRO/FCNR account of the Applicant and not from the account of any third party• Any other document/cer�ficate as may be required by the Company

For Persons of Indian Origin (Holding Foreign Passport)• Copy of PAN Card (Self A�ested)• Copy of Passport (Self A�ested)• Recent Passport Size Photograph (Self A�ested)• Current Address Proof• Permanent Residen�al Address• Proof of Ci�zenship• Signature Verifica�on from Bank• Any other document/cer�ficate as may be required by the Company

Partnership Firm/LLP• Copy of PAN Card of the Partnership Firm• Copy of Registra�on Cer�ficate of the Partnership Firm• Copy of Partnership Deed• Office Address Proof• In case one of the Partners signs the Applica�on on behalf of the other Partners a le�er of authority from all theother Partners authorizing such partner to act on behalf of the Firm, shall be required.

Company• Copy of PAN Card of the Company (Self A�ested by Director/Company Secretary)• Memorandum of Associa�on (MoA) and Ar�cles of Associa�on (AoA) duly signed by the Company Secretary/Director of the

Company. (Cer�fied True Copy by Director/Company Secretary)• Copy of the Cer�ficate of Incorpora�on of the Company. (Cer�fied True Copy by Director/Company Secretary)• Proof of registered office address• Board Resolu�on authorizing the signatory of the Applica�on Form to execute the Applica�on and the Agreement, on behalf of the Company Society/Trust• Copy of PAN Card of the Society/Trust (Cer�fied True Copy by Director/Secretary/Trustee)• Copy of Registra�on Cer�ficate of the Society/Trust (Cer�fied True Copy by Director/Secretary/Trustee)• Office Address Proof•Board Resolu�on authorizing the signatory of the Applica�on Form to execute the applica�on and the Agreement, on behalf of the Company.

Society/ Trust•Copy of PAN Card of the Society/Trust (Cer�fied True Copy by Director / Secretary / Trustee).•Copy of Registra�on Cer�ficate of the Society/Trust (Cer�fied True Copy by Director / Secretary / Trustee).•Copy of Cons�tu�on Document of the Society/Trust (Cer�fied True Copy by Director / Secretary / Trustee).•Office Address Proof.•Resolu�on authorizing the signatory of the Applica�on Form to execute the applica�on and the Agreement, on behalf of the Society/Trust.

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