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604 Draft Sai Sparsh
604 Draft Sai Sparsh
Annexure ‘A’
Model Form of Agreement to be entered into between
Promoter and Allottee(s)
(See rule 10(1))
EXPLANATORY NOTE
BETWEEN
AND…
AND…
.....HEREINAFTERCALLEDAS"OWNERS/CONSENTINGPARTY"
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(Whichexpressionshallunlessitberepugnanttothecontextshall
meanandincludethemselves,theirheirs,executors,administrators
andassigns) OFTHETHIRDPART
A) CTS No. 5563, Sheet No. 126, area admeasuring 61.70 Sq. Mtrs.,
B) CTS No. 5564, Sheet No. 126, area admeasuring 17.00 Sq. Mtrs.,
C) CTS No. 5564/1, Sheet No. 126, area admeasuring 13.30 Sq.
Mtrs
D) CTS No. 5564/2, She et No. 126, area admeasuring 13.40 Sq.
Mtrs.,
E) CTS No. 5564/3, Sheet No. 126, area admeasuring 13.60 Sq.
Mtrs.,
F) CTS No. 5564/4, Sheet No. 126, area admeasuring 12.80 Sq.
Mtrs.,
G) CTS No. 5564/5, Sheet No. 126, area admeasuring 16.40 Sq.
Mtrs.,
H) CTS No. 5570, Sheet No. 126, area admeasuring 09.10 Sq. Mtrs.,
I) CTS No. 5571, Sheet No. 126, area admeasuring 11.70 Sq. Mtrs.,
J) CTS No. 5571/1, Sheet No. 126, area admeasuring 10.90 Sq.
Mtrs.,
K) CTS No. 5571/2, Sheet No. 126, area admeasuring 11.30 Sq.
Mtrs.,
L) CTS No. 5571/3, Sheet No. 126, area admeasuring 96.80 Sq.
Mtrs.,
M) CTS No. 5566, Sheet No. 126, area admeasuring 28.2 Sq. Mtrs.,
N) CTS No. 5561, Sheet No. 126, area admeasuring 23.60 Sq. Mtrs.,
O) CTS No. 5562, Sheet No. 126, area admeasuring 26.40 Sq. Mtrs.,
P) CTS No. 5581, Sheet No. 126, area admeasuring 72.4 Sq. Mtrs.,
Q) CTS No. 5584, Sheet No. 126, area admeasuring 13 Sq. Mtrs.,
R) CTS No. 5584/1, Sheet No. 126, area admeasuring 34.10 Sq.
Mtrs.,
S) CTS No. 5584/2, Sheet No. 126, area admeasuring 10.60 Sq.
Mtrs.,
T) CTS No. 5584/3, Sheet No. 126, area admeasuring 14.40 Sq.
Mtrs.,
U) CTS No. 5584/4, Sheet No. 126, area admeasuring 07.00 Sq.
Mtrs.,
V) CTS No. 5580, Sheet No. 126, area admeasuring 22.70 Sq. Mtrs.,
W) CTS No. 5580/1, Sheet No. 126, area admeasuring 21.50 Sq.
Mtrs.,
X) CTS No. 5580/2, Sheet No. 126, area admeasuring 21.30 Sq.
Mtrs.,
Y) CTS No. 5580/3, Sheet No. 126, area admeasuring 08.70 Sq.
Mtrs.,
Z) CTS No. 5582, Sheet No. 126, area admeasuring 64.10 Sq. Mtrs.,
AA) CTS No. 5557, Sheet No. 126, area admeasuring 90.20 Sq.
Mtrs.,
AB) CTS No. 5563/1, Sheet No. 126, area admeasuring 16.20 Sq.
Mtrs.,
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AC) CTS No. 5565, Sheet No. 126, area admeasuring 27.80 Sq.
Mtrs.,
AD) CTS No. 5570/1, Sheet No. 126, area admeasuring 25.70 Sq.
Mtrs.,
AE) CTS No. 5571/4, Sheet No. 126, area admeasuring 12.37 Sq.
Mtrs.,
AF) CTS No. 5579, Sheet No. 126, area admeasuring 80.80 Sq.
Mtrs.,
AG) CTS No. 5580/4, Sheet No. 126, area admeasuring 10.32 Sq.
Mtrs.,
AH) CTS No. 5583, Sheet No. 126, area admeasuring 10.70 Sq.
Mtrs.,
That the property bearing CTS No. 5561 was owned by one
Namdev Govind Kalapure. Accordingly, as per enquiry held by
Special District Inspector, Pune and Enquiry Officer No. 2, Pimpri
Chinchwad name of Namdev Govind Kalapure is recorded in the
record of said City Survey Extracts.
That the property bearing CTS No. 5581 was owned by one
Zahurpasha Budradeen Pirzaade. Accordingly, as per enquiry held
by Special District Inspector, Pune and Enquiry Officer No. 2, Pimpri
Chinchwad name of Zahurpasha Budradeen Pirzaade is recorded in
the record of said City Survey Extract.
That the property bearing CTS No. 5582 was owned by one
Nivrutti Sopan Kalapure and Dattatray Sopan Kalapure.
Accordingly, as per enquiry held by Special District Inspector, Pune
and Enquiry Officer No. 2, Pimpri Chinchwad names of Nivrutti
Sopan Kalapure and Dattatray Sopan Kalapure are recorded in the
record of said City Survey Extract.
That the property bearing CTS NO. 5557 (AA) was owned by
one Arun Namdev Kalapure Accordingly, as per enquiry held by
Special District Inspector, Pune and Enquiry Officer No. 2, Pimpri
Chinchwad name of Arun Namdev Kalapure are recorded in the
record of said City Survey Extract.
That the property bearing CTS NO. 5565 (AC), 5570/1 (AD),
5571/4 (AE), 5579 (AF) was owned by one Arun Namdev Kalapure.
Accordingly, as per enquiry held by Special District Inspector, Pune
and Enquiry Officer No. 2, Pimpri Chinchwad name of Arun Namdev
Kalapure is recorded in the record of said City Survey Extract.
That the property bearing CTS NO. 5580/4 was owned by one
Namdev Govind Kalapure. Accordingly, as per enquiry held by
Special District Inspector, Pune and Enquiry Officer No. 2, Pimpri
Chinchwad name of Namdev Govind Kalapure is recorded in the
record of said City Survey Extract.
That the property bearing CTS NO. 5583 was owned by one
Arun Namdev Kalapure. Accordingly, as per enquiry held by Special
District Inspector, Pune and Enquiry Officer No. 2, Pimpri
Chinchwad name of Arun Namdev Kalapure is recorded in the record
of said City Survey Extract.
Mutation entry No. 2500 shows that as per circular bearing No.
Ukk-Hkw@fe-i-v{kjh uksan@2014 fnukad%&16@2@2015 of
Settlement Commissioner and Director of Land records Maharashtra area
of property card had been written in words as Ten point Seventy Square
Meters.
COMMON HISTORY
CTS No. 5564/2, area admeasuring 13.40 Sq. Mtrs., CTS No.
5564/3, area admeasuring 13.60 Sq. Mtrs., CTS No. 5564/4, area
admeasuring 12.80 Sq. Mtrs., CTS No. 5564/5, Sheet No. 126, area
admeasuring 16.40 Sq. Mtrs., CTS No. 5570, area admeasuring
09.10 Sq. Mtrs., CTS No. 5571, area admeasuring 11.70 Sq.
Mtrs.,CTS No. 5571/1, area admeasuring 10.90 Sq. Mtrs., CTS No.
5571/2, area admeasuring 11.30 Sq. Mtrs., CTS No. 5571/3, area
admeasuring 96.80 Sq. Mtrs., CTS No. 5566, area admeasuring 28.2
Sq. Mtrs., CTS No. 5561, area admeasuring 23.60 Sq. Mtrs., CTS No.
5562, area admeasuring 26.40 Sq. Mtrs., CTS No. 5581, area
admeasuring 72.4 Sq. Mtrs., CTS No. 5584, area admeasuring 13
Sq. Mtrs., CTS No. 5584/1, area admeasuring 34.10 Sq. Mtrs., CTS
No. 5584/2, area admeasuring 10.60 Sq. Mtrs., CTS No.
5584/3, area admeasuring 14.40 Sq. Mtrs., CTS No. 5584/4, area
admeasuring 07.00 Sq. Mtrs., CTS No. 5580, Sheet No. 126, area
admeasuring 22.70 Sq. Mtrs., CTS No. 5580/1, area
admeasuring 21.50 Sq. Mtrs., CTS No. 5580/2, Sheet No. 126, area
admeasuring 21.30 Sq. Mtrs., CTS No. 5580/3, area admeasuring
08.70 Sq. Mtrs., CTS No. 5582, area admeasuring 64.10 Sq. Mtrs.
The said Development Agreement and Power of Attorney are
registered in the office of Sub-Register Haveli-26 vide its No.
8991/2014 and 8992/2014 on 05/02/2015 respectively.
Accordingly, as per the said Development Agreement M/s.
Meghsparsh Associates A Through It’s Partner Mr. Bharat Mohan
Pardeshi had got exclusive rights to develop the said properties and
dispose off the same as per the terms and conditions in the
Development Agreement dated 05/02/2015.
AND WHEREASthe Promoter/ Developer has informed the purchaser that they
have obtained a construction finance for the project “Sai Sparsh” by mortgaging the
project land to DCB Bank Ltd has to provide the no Objection Certificate to very
transaction of the Promoter/ Developer in “Sai Sparsh” Project. The Promoter/
Developer has accordingly obtained the same and it is attached as Annexure.
viii. Balance Amount against and at the time of handing over of the
possession of the Apartment to the Allottee on or after receipt of
occupancy certificate or completion certificate.
1(d) The Total Price above excludes Taxes (consisting of tax paid or
payable by the Promoter by way of Value Added Tax, Service Tax,
and Cess or any other similar taxes which may be levied, in
connection with the construction of and carrying out the Project
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1(f) The Promoter may allow, in its sole discretion, a rebate for early
payments of equal instalments payable by the Allottee by
discounting such early payments @ % per annum for the period by
which the respective instalment has been preponed. The provision
for allowing rebate and such rate of rebate shall not be subject to
any revision / withdrawal, once granted to an Allottee by the
Promoter.
1(g) The Promoter shall confirm the final carpet area that has been
allotted to the Allottee after the construction of the building is
complete and the occupancy certificate is granted by the competent
authority, by furnishing details of the changes, if any, in the carpet
area, subject to a variation cap of three percent. The total price
payable for the carpet area shall be recalculated upon confirmation
by the Promoter. If there is any reduction in the carpet area within
the defined limit then Promoter shall refund the excess money paid
by Allottee within forty-five days with annual interest at the rate
specified in the Rules, from the date when such an excess amount
was paid by the Allottee. If there is any increase in the carpet area
allotted to Allottee, the Promoter shall demand additional amount
from the Allottee as per the next milestone of the Payment Plan. All
these monetary adjustments shall be made at the same rate per
square meter as agreed in Clause 1(a) of this Agreement.
Note: Each of the instalment mentioned in the sub clause (ii) and
(iii) shall be further subdivided into multiple instalment linked to
number of basements/podiums/floors in case of multi-storied
building /wing.
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2.2 Time is essence for the Promoter as well as the Allottee. The
Promoter shall abide by the time schedule for completing the project
and handing over the [Apartment/Plot] tothe Allottee and the
common areas to the association of the allottees after receiving the
occupancy certificate or the completion certificate or both, as the
case may be. Similarly, the Allottee shall make timely payments of
the instalment and other dues payable by him/her and meeting the
other obligations under the Agreement subject tothe simultaneous
completion of construction by the Promoter as provided in clause
1(c) herein above. (“Payment Plan”).
5. The fixtures and fittings with regard to the flooring and sanitary
fittings and amenities like one or more lifts with particular brand, or
price range (if unbranded) to be provided by the Promoter in the
said building and the Apartment as are set out in Annexure 'E',
annexed hereto.
7.4 If within a period of five years from the date of handing over the
Apartment to the Allottee, the Allottee brings to the notice of the
Promoter any structural defect in the Apartment or the building in
which the Apartment are situated or any defects on account of
workmanship, quality or provision of service, then, wherever
possible such defects shall be rectified by the Promoter at his own
cost and in case it is not possible to rectify such defects, then the
Allottee shall be entitled to receive from the Promoter, compensation
for such defect in the manner as provided under the Act.
8. The Allottee shall use the Apartment or any part thereof or permit
the same to be used only for purpose of *residence/office/show-
room/shop/godown for carrying on any industry or business.
(*strike of which is not applicable) He shall use the garage or
parking space only for purpose of keeping or parking vehicle.
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(v) Deposit towards Water, Electric, and other utility and services
connection charges &
11. The Allottee shall pay to the Promoter all legal costs, charges
and expenses, including professional costs of the Attorney-at-
Law/Advocates of the Promoter in connection with formation of the
said Society, or Limited Company, or Apex Body or Federation and
for preparing its rules, regulations and bye-laws and the cost of
preparing and engrossing the conveyance or assignment of lease.
i. The Promoter has clear and marketable title with respect to the
project land; as declared in the title report annexed to this
agreement and has the requisite rights to carry out development
upon the project land and also has actual, physical and legal
possession of the project land for the implementation of the Project;
ii. The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and
shall obtain requisite approvals from time to time to complete the
development of the project;
iii. There are no encumbrances upon the project land or the Project
except those disclosed in the title report;
iv. There are no litigations pending before any Court of law with
respect to the project land or Project except those disclosed in the
title report;
vi. The Promoter has the right to enter into this Agreement and has
not committed or omitted to perform any act or thing, whereby the
right, title and interest of the Allottee created herein, may
prejudicially be affected;
vii. The Promoter has not entered into any agreement for sale
and/or development agreement or any other agreement /
arrangement with any person or party with respect to the project
land, including the Project and the said [Apartment/Plot] which will,
in any manner, affect the rights of Allottee under this Agreement;
x. The Promoter has duly paid and shall continue to pay and
discharge undisputed governmental dues, rates, charges and taxes
and other monies, levies, impositions, premiums, damages and/or
penalties and other outgoings, whatsoever, payable with respect to
the said project to the competent Authorities;
ii. Not to store in the Apartment any goods which are of hazardous,
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the building in which the Apartment is
situated or storing of which goods is objected to by the concerned
local or other authority and shall take care while carrying heavy
packages which may damage or likely to damage the staircases,
common passages or any other structure of the building in which
the Apartment is situated, including entrances of the building in
which the Apartment is situated and in case any damage is caused
to the building in which the Apartment is situated or the Apartment
on account of negligence or default of the Allottee in this behalf, the
Allottee shall be liable for the consequences of the breach.
iii. To carry out at his own cost all internal repairs to the said
Apartment and maintain the Apartment in the same condition, state
and order in which it was delivered by the Promoter to the Allottee
and shall not do or suffer to be done anything in or to the building
in which the Apartment is situated or the Apartment which may be
contrary to the rules and regulations and bye-laws of the concerned
local authority or other public authority. In the event of the Allottee
committing any act in contravention of the above provision, the
Allottee shall be responsible and liable for the consequences thereof
to the concerned local authority and/or other public authority.
xi. The Allottee shall not let, sub-let, transfer, assign or part with
interest or benefit factor of this Agreement or part with the
possession of the Apartment until all the dues payable by the
Allottee to the Promoter under this Agreement are fully paid up.
x. The Allottee shall observe and perform all the rules and
regulations which the Society or the Limited Company or Apex Body
or Federation may adopt at its inception and the additions,
alterations or amendments thereof that may be made from time to
time for protection and maintenance of the said building and the
Apartments therein and for the observance and performance of the
Building Rules, Regulations and Bye-laws for the time being of the
concerned local authority and of Government and other public
bodies. The Allottee shall also observe and perform all the
stipulations and conditions laid down by the Society/Limited
Company/Apex Body/Federation regarding the occupancy and use
of the Apartment in the Building and shall pay and contribute
regularly and punctually towards the taxes, expenses or other out-
goings in accordance with the terms of this Agreement.
22. SEVERABILITY
If any provision of this Agreement shall be determined to be void or
unenforceable under the Act or the Rules and Regulations made
thereunder or under other applicable laws, such provisions of the
Agreement shall be deemed amended or deleted in so far as
reasonably inconsistent with the purpose of this Agreement and to
the extent necessary to conform to Act or the Rules and Regulations
made there under or the applicable law, as the case may be, and the
remaining provisions of this Agreement shall remain valid and
enforceable as applicable at the time of execution of this Agreement.
Both Parties agree that they shall execute, acknowledge and deliver
to the other such instruments and take such other actions, in
additions to the instruments and actions specifically provided for
herein, as may be reasonably required in order to effectuate the
provisions of this Agreement or of any transaction contemplated
herein or to confirm or perfect any right to be created or transferred
hereunder or pursuant to any such transaction.
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27. That all notices to be served on the Allottee and the Promoter as
contemplated by this Agreement shall be deemed to have been duly
served if sent to the Allottee or the Promoter by Registered Post A.D
and notified Email ID/Under Certificate of Posting at their respective
addresses specified below:
FOR ALLOTEE:
FOR PROMOTER:
A) CTS No. 5563, Sheet No. 126, area admeasuring 61.70 Sq. Mtrs.,
B) CTS No. 5564, Sheet No. 126, area admeasuring 17.00 Sq. Mtrs.,
C) CTS No. 5564/1, Sheet No. 126, area admeasuring 13.30 Sq.
Mtrs
D) CTS No. 5564/2, Sheet No. 126, area admeasuring 13.40 Sq.
Mtrs.,
E) CTS No. 5564/3, Sheet No. 126, area admeasuring 13.60 Sq.
Mtrs.,
F) CTS No. 5564/4, Sheet No. 126, area admeasuring 12.80 Sq.
Mtrs.,
G) CTS No. 5564/5, Sheet No. 126, area admeasuring 16.40 Sq.
Mtrs.,
H) CTS No. 5570, Sheet No. 126, area admeasuring 09.10 Sq. Mtrs.,
I) CTS No. 5571, Sheet No. 126, area admeasuring 11.70 Sq. Mtrs.,
J) CTS No. 5571/1, Sheet No. 126, area admeasuring 10.90 Sq.
Mtrs.,
K) CTS No. 5571/2, Sheet No. 126, area admeasuring 11.30 Sq.
Mtrs.,
L) CTS No. 5571/3, Sheet No. 126, area admeasuring 96.80 Sq.
Mtrs.,
M) CTS No. 5566, Sheet No. 126, area admeasuring 28.2 Sq. Mtrs.,
N) CTS No. 5561, Sheet No. 126, area admeasuring 23.60 Sq. Mtrs.,
O) CTS No. 5562, Sheet No. 126, area admeasuring 26.40 Sq. Mtrs.,
P) CTS No. 5581, Sheet No. 126, area admeasuring 72.4 Sq. Mtrs.,
Q) CTS No. 5584, Sheet No. 126, area admeasuring 13 Sq. Mtrs.,
R) CTS No. 5584/1, Sheet No. 126, area admeasuring 34.10 Sq.
Mtrs.,
S) CTS No. 5584/2, Sheet No. 126, area admeasuring 10.60 Sq.
Mtrs.,
T) CTS No. 5584/3, Sheet No. 126, area admeasuring 14.40 Sq.
Mtrs.,
U) CTS No. 5584/4, Sheet No. 126, area admeasuring 07.00 Sq.
Mtrs.,
V) CTS No. 5580, Sheet No. 126, area admeasuring 22.70 Sq. Mtrs.,
W) CTS No. 5580/1, Sheet No. 126, area admeasuring 21.50 Sq.
Mtrs.,
X) CTS No. 5580/2, Sheet No. 126, area admeasuring 21.30 Sq.
Mtrs.,
Y) CTS No. 5580/3, Sheet No. 126, area admeasuring 08.70 Sq.
Mtrs.,
Z) CTS No. 5582, Sheet No. 126, area admeasuring 64.10 Sq. Mtrs.,
AA) CTS No. 5557, Sheet No. 126, area admeasuring 90.20 Sq.
Mtrs.,
AB) CTS No. 5563/1, Sheet No. 126, area admeasuring 16.20 Sq.
Mtrs.,
AC) CTS No. 5565, Sheet No. 126, area admeasuring 27.80 Sq.
Mtrs.,
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AD) CTS No. 5570/1, Sheet No. 126, area admeasuring 25.70 Sq.
Mtrs.,
AE) CTS No. 5571/4, Sheet No. 126, area admeasuring 12.37 Sq.
Mtrs.,
AF) CTS No. 5579, Sheet No. 126, area admeasuring 80.80 Sq.
Mtrs.,
AG) CTS No. 5580/4, Sheet No. 126, area admeasuring 10.32 Sq.
Mtrs.,
AH) CTS No. 5583, Sheet No. 126, area admeasuring 10.70 Sq.
Mtrs.,
FLAT NO : 604
PROJECT : SAI SPARSH
FLOOR : 6th
Sign……………………………………….
MR. RAHUL HIRALAL BHANDARI
Photo Left Hand SIGNED, SEALED AND DELIVERED BY
Thumb THE WITHIN NAMED ALLOTTEE/S
Impression
Sign……………………………………….
MRS. LALITA SHANMUGAM SUBRAMANIAM
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Sign……………………………………….
MR. SHANMUGAM SUBRAMANIAM
4. All areas which are not covered under aforesaid head common
areas and facilities are restricted areas and facilities.
ANNEXURE-E
Specification and amenities of the Apartment
A) SPECIFICATIONS:
1) STRUCTURE :
i. Earthquake Resistant RCC.
ii. 6" Thick Al Masonary Wall.
iii. Neeru Finish Plaster Internally.
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2) DOOR SHUTTERS :
i. Attractive Main Door with Good Quality Door Fittings.
ii. Wooden Door Frames with Flush Doors for Internal Rooms.
3) WINDOWS :
i. 3 Track Powder Coated Aluminum Sliding.
ii. Windows with Mosquito net.
iii. Granite Window Sills for all Windows.
4) KITCHEN :
i. Black Granite Kitchen Platform S.S. Sink.
ii. Dado Designer Tiles Up to Lintel Level above Platform.
iii. Provision for Water Purifier
5) FLOORING/BATHROOM :
• Vitrified 24" x 24" With Skirting in all Rooms.
7) ELECTRICAL INSTALLATION:
i. Ample Light Points.
ii. Concealed Copper Wiring.
iii. Electrical Switches of Anchor Make/Equivalent.
iv. MCB Circuit Breaker.
8) Internal Finish
* Oil Bound Distemper Shade for Internal Walls
9) External Finish
* Semi Acrylic Paint to External Walls
B) AMENITIES:
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