1. Delay in grant of any NOC/permission/licensee connection/installation of
any service such as lifts electricity and water connections and maters to the
scheme/Unit, Road NOC or completion certificates from appropriate
authority.
Delay or default in payment of dues by the unit purchaser under these
present (without prejudice to the right of the Developers to terminate this
Agreement under clause 9 above)
Pendency of any litigation.
Any act beyond the control of the Developers.
k. If within a period of one year from the date of obtaining completion
certificate from the group grampanchayat Maan, the Unit Purchaser/s
brings to the notice of the Developers any defect in the flat or the building
in which the flat are situated or the material used thereon or any
unauthorized changes shall be rectified by the Developers at its own cost
and in case it is not possible to rectify such defers or unauthorized changes,
then the unit Purchaser/s shall be entitled to receive from the Developers
reasonable compensation for such defect or change. The word defect
hereinabove stated shall mean only the manufacturing defects caused on
account of wilful neglect of the Developers himself and shall not mean
defects caused by normal wear and tear, negligent use of the premises by
the Unit Purchaser, abnormal fluctuations in the temperatures, abnormal
heavy rains, etc. Provided however, that it is agreed that the prescribed
liability period under the Act shall be deemed to have commenced from the
date of obtaining the Completion Certificate or from the date on which the
Developers has given necessary intimation under this clause, whichever is
earlier. Provided further that the Unit Purchaser/s shall not carry out any
alterations of whatever nature in the said flat or in the fittings therein, it is
hereby agreed that the unit purchaser/s shall not make any alterations in
any of the fittings, pipes, water supply connections or any of the erection in
the bathroom as this may result in seepage of the water. If any of such
works are carried out without the written consent of the Developers, the
defect liability automatically shall become void.
l. The Unit Purchaser/s shall use the said flat or any part thereof or permit
the same to be used only for the purpose permitted by the local authority.
He/they shall use the open parking space only for the purpose for keeping
or parking the Unit Purchaser/s own vehicle.
m. The Unit Purchaser/s along with other Purchaser/s of flat etc. on
completion of the building shall join in forming and registering the
association of apartment owners and also from time to time sign and
execute all the applications for registration and/or membership and other
papers and documents necessary for the formation and registration of such
body including the bye-laws of the proposed association of apartment
2. owners and duly fill in, sign and return to the Developers within 15 days of
the same being forwarded by the developers to the Unit Purchaser, so as to
enable the Developers to register the Organization of the Unit Purchaser/s
No objection shall be taken by the Unit Purchaser/s if any changes of
modifications are made in the bye-laws or the Memorandum and/or articles
of Association if the same are required to be made by the Developers as per
their commitments to various persons and/or any other Competent
Authority as the case may be.
n. Unless prevented by circumstances beyond the control of the Consenting
Party and Developers it is agreed that the said land or any part thereof
along with building constructed or to be constructed thereon shall be
submitted to the provisions of Maharashtra Apartment Ownership Act,
1970, and unit/apartment will be conveyed by the owners and the
Developers herein within one year from and after (i) completion if
construction of the building in the scheme and utilization of entire FSI and
TDR, permissible to be utilized on the said plot as per Development Control
Rules (whether previously got sanctioned or not) (ii) booking and sale of all
unit in the scheme. (iii) acceptance of the draft of Deed of Declaration and
Deed of Apartment by the parties concerned (i.e. owner, Developers and
flat/shop purchasers) by their mutual consent and (iv) after payment of all
dues, amount and consideration including stamp duty etc. by all unit
purchaser, whichever is later, such conveyance and/or Declaration u/s 2 of
the Maharashtra Apartment Ownership Act, 1970 as the case may be shall
be subject to the exclusive, limited common etc. right of the unit/s holders
and commitments of Developers shall be entitled to amend/frame the
Byelaws, Rules etc. of the Association as per the terms of this Agreement
and also with a view to maintain decorum, beautification of the building,
open ground and common amenities.
o. It is hereby agreed that the Developers has the exclusive right of allotment
of different covered/open parking spaces or terraces or open spaces to one
or more person/s their choices, for their exclusive use and such persons
may not be the owners or holders of the unit. The person/s to whom such
terraces or covered/open parking space/s or open space/s are allotted shall
be admitted as the members of the Association. It is hereby agreed that the
areas mentioned in sub-para (A) of the second Schedule shall be the areas
and facilities and the Developers shall be entitled to declare all other areas
as restricted or reserved areas and facilities and/or alienate and dispose of
other areas as restricted or reserved areas and facilities and/or alienate and
dispose of other areas and facilities in such manner as the developers
thinks fit.
p. commencing a week after notice in writing is given by the Developers to the
Unit Purchaser/s that the Flat/Shop is ready for the use and occupation,
3. the Unit Purchaser/s shall be liable to bear and pay from the date of the
completion certificate of his flat the proportionate share (i.e. in proportion to
the floor area of the flat/shop/s or in lump-sum monthly amount) of
outgoing in respect of the said land and building namely local taxes,
betterment charges or such other levies by the concerned local authority
and/or Government, water charges, Insurance, common lights, repairs and
salaries of clerks, bill collectors, chowkidars, sweepers and all other
expenses necessary and incidental to the Management of the said land and
building. Until the Association of Apartment Owners is building is handed
over or transferred to it, the Unit Purchaser/s further agrees that till the
unit purchaser’s share is so determined the unit purchaser herein shall pay
to the Developers or to such person as may be nominated by the Developers
provisional monthly contribution of Rs.________________/-
(_____________________________________________ ___________ only) per month
towards the outgoings. The amounts so paid by the unit purchaser/s shall
not carry any interest and remain with the Developers or the concerned
person as the case may be until a conveyance is executed in favour of the
unit purchasers as aforesaid. After deducting the expenses for the aforesaid
purpose, the remaining balance, if any, shall be paid by the Developers or
the concerned person to the Association within one month from the date of
conveyance as aforesaid, and if any dues or over expenses are incurred for
aforesaid purpose, the same shall be proportionately paid by the Unit
Purchaser/s to the Developers or concerned person prior to the Final
Conveyance Deed as aforesaid. The unit purchaser/s undertake/s to pay
such provisional monthly contribution and such proportionate share of
outgoings regularly on the 5th days of each and every month in advance and
shall not withhold the same for any person whatsoever. The Developers at
its discretion shall be entitled to recover in advance six months contribution
from the Unit purchaser prior to delivery of possession of the said
Flat/Shop, The Unit Purchaser herein has specifically agreed to pay his
contribution for running and maintaining the lifts/elevators (if provided in
the said building) irrespective of the floor on which the flat/shop is located
abs also irrespective of the use of the lifts/elevators by the Unit Purchaser.
q. Before delivery of possession of the flat, the Unit Purchaser/s shall pay to
the Developers the Unit Purchaser’s share of stamp duty and the
registration charges payable by the said Unit Purchaser on the conveyance
or any document in respect of the said flat to be executed in favour of the
Unit Purchaser herein after adjustment of the stamp duty paid to this
Agreement.
r. The Unit Purchaser/s is/are hereby prohibited from raising any objection in
the matter of allotment or sale of accommodation/flat/shop/car parking
etc. by the Developers on the ground of nuisance, annoyance or
4. inconvenience for any profession, trade or business etc. that has been or
will be permitted by law or by local authority in the concerned locality.
s. The Unit Purchaser/s, doth hereby covenant with the Developers as follows.
To maintain the said flat at Unit Purchaser’s own cost in good tenantable
repair and condition from the date of completion certificate and shall not do
or cause to be done anything in or to the said flat or the building in which
the said flat is situated, staircase or any passage which may be against the
rules, regulations or bye-laws of the concerned local or any other authority
or change/alter or make addition in or to the said flat and/or the building
in which the said flat is situated and the said flat itself or any part thereof.
Not to store in/outside the said flat/shop/building/surrounding area any
goods which are of hazardous, combustible or dangerous nature or are too
heavy as to cause damage to the construction or structure of the building or
storing of which goods is objected to by the concerned local or other
authority and shall not carry or caused to be carried heavy packages to
upper floors which may damage or are likely to damage the staircase
common passages to upper floors which may damage or are likely to
damage the staircase, common passage or any other structure of the
building including entrances of the building and in case any damage is
caused to the building in which the said flat is situated or to the said flat on
account of negligence or default of the Unit Purchaser/s in this behalf, the
Unit Purchaser/s shall be liable for all the consequences of the breach.
To carry out at his own cost all internal repairs to the said flat and maintain
the said flat in the same conditions, state and order in which it was
delivered by the Developers, provided that for the defect liability period such
repairs shall be carried out by the Unit Purchaser/s that for the defect
liability period such repairs shall be carried out by the Unit Purchaser/s
with the written consent and he supervision of the Developers and shall not
do or cause to be done anything contrary to the rules and regulations and
bye-laws of the concerned local authority or other public authority. And in
the event of the Unit Purchaser/s Purchaser/s committing any act in
contravention of the above provision, the Unit Purchaser/s committing any
act in contravention of the above provision, the Unit Purchaser/s shall be
responsible and liable for the consequences thereof to the concerned
authority and/or other public authority.
Not to demolish or cause to demolished and not to