Belaire Owners' Association v. Dlf Limited, HUDA & Ors.

CCI3 Jan 201319/2010

Case brief

AI extract

What is this about?

The Competition Commission directed the respondent to modify specific clauses in the Buyer's Agreement to remove unilateral privileges and ensure alignment with statutory provisions. An Annexure containing the revised agreement terms was appended to the order.

What did the court decide?

The Commission suggested specific modifications to the Buyer's Agreement in the appended table to remove abuse of dominance and ensure conformity with applicable laws.

What the court decided

AI extract

Belaire Owners' Association vs Dlf Limited, HUDA & Ors. — Consumer Protection | CCI (2013)

Belaire Owners' Association v. Dlf Limited, HUDA & Ors.

CCI3 Jan 201319/2010

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Case brief

AI extract

What is this about?

What did the court decide?

The Commission suggested specific modifications to the Buyer's Agreement in the appended table to remove abuse of dominance and ensure conformity with applicable laws.

What the court decided

AI extract

¶87

Sl.no.	Particulars	Remarks
1.	DG Room/DG sets
2.	Underground domestic and fire water tanks and pump room and pumps with accessories	May be located under any building or any other suitable location in the
3.	Electric sub- station/transformers/electrical panels	Belaire/zone-8, DLF City, Phase V
4.	Fan rooms
5.	Laundromat
6.	Maintenance stores and circulation areas
7.	Sewerage treatment plant
8.	Air-conditioning plant room and equipments

¶98

paid by the allottee to the company with interest but the company, out of the amount paid by the allottee was to deduct the interest paid by the allottee and the interest due towards allottee on delayed payment as well as to deduct amount of non refundable nature. The company had not specified as to what was the amount of non-refundable nature to be deducted. Similar provision is there in clause 11.2 towards refund of “amount attributable to the agreement” without interest in case of the project getting scrapped altogether. Clause 11.3 provides that if for the reasons other than clause 11.1, 11.2 and clause 39, the company fails to deliver the possession to the allottees within three years from the date of execution of agreement or within the extended period (the company having liberty to extend the period to any extent.) then the allottee shall be entitled to give notice to the company within 90 days from the expiry of the said period of three years or extended period of terminating the agreement. Even in that event the company was not liable to refund the amount deposited by the allottee along with interests to him. In such an eventuality, the company on receipt of notice, was at liberty to sell/dispose of the apartment to any other party and without accounting for the sale proceeds of the apartment to the allottee within 90 days of the realisation of the price was to refund to the apartment allottee his amount without interest, after deduction of brokerage paid by the company to the broker/sale organiser (in case booking was done through broker /sale organiser) the allottee thereafter could make no claim against the company. If the allottee failed to exercise his/her right of termination within the period as provided in this clause by delivering a written notice to the company then he was not to be entitled to terminate the agreement and was to continue to be bound by the terms of the agreement. In similar way, clause 11.4 provided that in case of abandonment of the project/scheme by the company or if the company failed to give possession within three years of the execution of the agreement or within the extended period as extended by the company itself under various clauses of the agreement, the company shall be entitled to terminate the agreement and the company shall, on such termination refund only the amount paid by the apartment allottee with 9% simple interest for such period for which it was lying with the company. The company was not liable to pay any other compensation. Even in such an eventuality, the company, at its sole option and discretion, could decide not to terminate the agreement and to pay to the allottee and not to anyone else (his successor or subsequently transferee) compensation at Rs.5/- per sq. feet of the

¶121

Claus e	Original Clause(s)	Modified Clause(s)
Reps A-M	A. Whereas the Company, its Associate companies, its subsidiary companies presently own individual respective portions of land in a site presently admeasuring 527.9435 acres or thereabouts more fully described in Annexure-I (hereinafter referred to as “Phase-V”) in DLF City (earlier known as DLF Qutab Enclave Complex), in Tehsil & District Gurgaon, Haryana. B. And whereas the Company has acquired some lands and will be acquiring some more lands in the neighbourhood of Phase-V and such lands as and when licensed and approved by the competent authority(ies), shall be deemed to be a part of the approved layout plan of Phase V and accordingly the area of Phase-V (presently admeasuring 527.9415 acres on thereabouts) shall stand enhanced, and in that case Annexure-I of this Agreement shall automatically stand superseded and be substituted by such subsequently approved layout plan(s) of Phase-V and shall be deemed to form a part of this Agreement. C. And whereas the Company has specifically made it clear that the layout plan of Phase-V as is present annexed hereto as Annexure-I is tentative and is subject to approval of Director, Town & Country Planning, Haryana, Chandigarh, and any changes/ directions/ conditions	Company’s Representation A. WHEREAS the Company, its associate/subsidiary companies presently own various parcels of land admeasuring 6.67 acres (hereinafter referred to as the "Said Land") in Phase V in DLF City (earlier known as DLF Qutab Enclave Complex), in Tehsil & District Gurgaon, Haryana. The copies of the title deeds reflecting the ownership of the Said Land is annexed herewith as Annexure []. The Said Land is earmarked for the purpose of building a group housing scheme (“hereinafter referred to as the “GHS Belaire”), comprising of 5 multistoried residential apartment buildings of up to 19 floors. The Company represents that in pursuance of_inter_ se arrangements between the Company and its associate/subsidiary companies, the Company is entitled to carry out the development, marketing and sale of apartments/units constructed on the Said Land and transfer the Said Land to the Allottee(s). B. AND WHEREAS the Company is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Company regarding the Said Land on which the GHS Belaire is to be constructed have been completed. The Company agrees and undertakes that it shall at all times keep the Apartment Allottee(s) (hereinafter referred to as “Allottee(s)”) indemnified against all claims, demands,losses etc caused

¶145

	three(03)/ Four(04) covered/ Open
	Parking Space Nos. (1) ----- (2) ---- - (3) ----- and (4) -----
J.	AND whereas the Apartment Allottee has demanded from the Company and the Company has allowed the Apartment Allottee an
	inspection of Phase-V including
	Zone 8 and the said Portion of
	Land, tentative building plans, tentative location plan, ownership
	record of Phase-V including Zone 8 and the said Portion of Land and all other documents relationg to the title, competency and all other relevant details and the Apartment Allottee has confirmed that he/she is fully satisfied in all respects with regard to the right, title and interest
	of the Company, its Associate
	Companies, its subsidiary
	companies in the said portion of
	land on which the said
	complex/building is being
	constructed and has understood all
	the limitations and obligations of
	the Company in respect thereof.
	The Apartment Allottee has agreed
	that there shall be no further
	investigations or objections by
	him/her in this regard and further
	that he/she is fully satisfied of the
	competency of the Company to enter into this Agreement.
K.	And whereas the Apartment
	Allottee acknowledges that the
	company has readily provided all
	the information and clarifications
	as required by him/her but that
	he/she has not relied upon and is
	not influenced by any architect's
	plan, sales plans, sale brochures, advertisements, representations,
	warranties, statements or
	estimates of any nature
	whatsoever whether written or oral
	made by the Company, its selling
	agents/brokers or otherwise

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	the Apartment Allottee to faithfully abide by all the terms, conditions, and stipulations contained in this Agreement has accepted in good faith his /her application to allot a residential Apartment (having specifications set out in Annexure- V) and is now willing to enter into this Agreement on the terms and conditions appearinghereinafter.
1.1	In accordance with the terms and conditions set out in this Agreement, mutually agreed upon by and between the parties, the Company hereby agrees to sell and the Apartment Allottee hereby agrees to purchase the said Apartment detailed below having a super area of approximately......mts (.....Sq fit) (the definition of super area is given in Annexure II) which includes an apartment area of approximately ....sq. mtrs. (....sq. ft.) (the definition of Apartment area is given in Annexre II) along with undivided proportionate share/interest in the land though not included in the computation of super area only underneath the said Building in which the said Apartment is located calculated in the ratio which the super area of the said Apartment bears to the total super area of all the Apartments in the said Building; and exclusive use of the two(02)/ three(03)/ four(04) reserved car parking spaces. Tower No/Apartment No. Type: Super Area Sq. Mts/Sq.ft. Approx. (Rs.) : Rate (Rs.per sq. mt./sq.ft of super area (Rs.): Preferential Location Charges (Rs.): Price for car Parkings (Rs.): Total sale Price: Parking : Nos. (1)-------(2)--------(3)---------- (4)------ Price payable Rs............ Any tax paid or payable by the Company and/or its Contractors by way of Value Added Tax, State Sales Tax, Central Sales Tax, Works Contract Tax, Service Tax, and Education Cess or any other taxes bywhatever name called,in	In accordance with the terms and conditions set out in this Agreement and mutually agreed upon by and between the Parties, the Company hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment in GHS Belaire having Super Area of approximately [] sq. mtr. [] sq ft including carpet area of approximately [] sq. mtr. [] sq ft. along with area of pro rata share in the Common Areas and Facilities as defined under Section 3(f) of the Apartment Ownership Act, 1983. The Common Areas and Facilities include the following : i. The land on which the building is located; ii. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors lobbies, stairs, stair ways, fire escapes and entrances and exit of the building; iii. The basements, cellars, yards, gardens, parking area and storage spaces; iv. The premises for the lodging of janitors or persons employed for management of property; v. Installation of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating; vi. The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; vii. Such community and commercial facilities as may be provided for in the

¶153

connection with the construction of the said Complex (hereinafter collectively referred to as “Taxes”). The Apartment Allottee shall pay, in addition to the total price a price equal to the proportionate share of Taxes; the proportionate share being calculated in the ratio of the super area of the said Apartment to the total super area of all	declaration (and listed in Annexure []); and viii. All other parts of property necessary or convenient to its existing maintenance and safety or normally in common use. The Total Price for the Apartment based on the Super Area and Preferential Location Charges, if any, is [](hereinafter referred to as "Total Price"):-
the apartments in the said Complex (hereinafter referred to ‘the additional price’) The Company shall periodically intimate to the Intending Allottee, on the basis of certificates from a Chartered Engineer and /or a Chartered Accountant, the amount payable as additional price as stated in (ii) above and the Apartment	Building/ Tower No/Name/ Apartment No / Type [] Floor Rate of carpet area of Apartment Sq Mts/ Sq Ft Rate of area of the prorata share in Commo n Areas and Facilitie s Preferent Location Charges (Rs)
Allottee shall make payment within 30 (Thirty ) days of such intimation.
The price of two (02)/ three (03)/ four (04) car parking spaces valued at Rs.... (Rupees......only) per car parking space aggregating to Rs..../- is included in the above sale price of the said apartment. Any additional car parking space will be charged extra by the Company at the then prevailing rate and will be offered subject to availability.	Parking: Nos. (1)-------(2)--------(3)---------- (4)------ A sum of Rs [] which has been offered as discount by the Company shall be deducted from the aforesaid price. Explanation: (i) The Total price above does not include
The total price is Rs..... (Rupees.....only) (inclusive of Rs.....) towards two (02)/three (03) /four (04) car parking spaces, whichever is applicable, payable for the said Apartment together with the parking spaces and the said Apartment along with the parking spaces will be treated as a single indivisible unit for all purposes including but not limited to Haryana Apartment Ownership Act, 1983 etc.	any Taxes (consisting of tax paid or payable by the Company and/or its Contractors by way of Value Added Tax, State Sales Tax, Central Sales Tax, Works Contract Tax, Service Tax, and Education Cess or any other taxes by whatever name called, in connection with the construction of the GHS Belaire) payable by the Company up to the date of handing over the possession of the Apartment. (ii)The Allottee shall pay, in addition to the Total Price, a sum equal to the proportionate share of Taxes; the proportionate share will be calculated in the ratio of the Super Area of the Apartment to the total Super Area of all the Apartments in the GHS Belaire.

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		(iii) The Company shall periodically intimate to the Allottee, on the basis of certificates from a chartered engineer and/ or a chartered accountant, the amount payable as stated in (ii) above and the Allottee shall make payment within 30 days from the date of such written intimation. In addition, the Company shall provide to the Allottee the details of the tax paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc have been imposed or become effective. (iv) The Total Price of an Apartment includes [] parking space (s) whether located in the open or covered as provided in the Agreement. Any additional car parking space (s) will be charged extra by the Company and will be offered subject to availability.
1.2	The total prices are escalation free, save and except increases which the Apartment Allottee hereby agrees to pay, due to increase in super area (as explained in Clause 1.6), increase in external development charges (as explained in Clause (1.11)(a), increase in infrastructure development charges (as explained in clause 1.11(b)), increases on account of additional fire safety measures undertaken (as explained in Clause 1.13) increases in all types of securities to be paid by the Apartment Allottee, deposits and charges and increase thereof for bulk supply of electrical energy (as explained in Clause (14.3)) and all other increases in cost/charges, specifically provided for in this Agreement and/or any other charges which may be levied or imposed by the Government/statutory authorities from time to time.	The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of External Development Charges (“EDC”), Infrastructural Development Charges (“IDC”) and all other increases in cost/charges specified in the Agreement to be paid by the Allottee and/or any other increase in charges which may be levied or imposed by the Governmental Authorities from time to time or as stated in this Agreement. The Company undertakes and agrees that while raising a demand on the Allottee for increase in EDC, IDC, cost/charges imposed by the Governmental Authorities, the Company shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee.
1.3	The Apartment Allottee(s) shall make the payment as per the payment plan set out in Annexure III to this Agreement. The additional price however shall be payable as providedinsub clause (iii) ofthe	The Allottee(s) shall make the payment as per the payment plan set out inAnnexure [].Taxes shall be payable as provided in sub clause (iii) of the Explanation to Clause 1.1above.

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	Explanation to Clause 1.1 above.
1.4	The Company may allow, in its sole discretion, a rebate for early payments of installments payable by the Apartment Allottee by discounting such early payments @9% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall be subject to revision/withdrawal, without any notice, at the sole discretion of the Compan	The Company may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @[]%¹per annum for the period by which the respective installment 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 Company.
1.5	y The Apartment Allottee hereby agrees to pay additionally as preferential location charges a sum of Rs...../- (Rupees....only) calculated @ of Rs..../- per sq. ft. of the super area to be paid in a manner and within the time as stated in the schedule of payments given in Annexure III. However the apartment allottee has specifically agreed that due to any change in the Lay-out/Building plan, the said apartment ceases to be in a preferential location, the Company shall be liable to refund only the amount of Preferential Location Charges, without any interest, paid by the apartment allottee and such refund shall be made/adjusted in the last installment as stated in the schedule of payments given in Annexure III. If due to any change in the Lay out/Building plan(s), the said apartment becomes preferentially located, then the Apartment Allottee agrees to pay the additional preferential location charges to the Company calculated @Rs.../- per sq. ft. of the super area of the said apartment (____% of Basic Sale Price), to be paid in the manneras demanded by the Company.	The Allottee has agreed to pay Preferential Location Charges as stated in para 1.1. However, if due to any change in the lay out / building plan as directed by the DTCP on its own, the Apartment ceases to be in the preferential location, the Company shall be liable to refund the entire amount of Preferential Location Charges with interest @[]% per annum to the Allottee. If the Allottee so agrees the Company can adjust this sum against the next payment to be made by Allottee as per the schedule of payments given in Annexure [].
1.6	It is made clear by the Company and the Apartment allottee agrees that the sale price of the said apartment shall be	The Super Area allotted to the Allottee is subject to change till the construction of the Building is complete.

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calculated on the basis of its super area (as per the definition of super area given The Company shall, before making in Annexure II) and that the super area as variations, inform the Allottee about the stated in this Agreement is tentative and same in writing in advance about its is subject to change till the construction of intention to carry out minor changes and the said building is complete and thereafter the Company may carry out such occupation certificate is issued by the changes upto (+/- 2%).It is agreed that the competent authority (ies). The final super Company shall not make any variations area of the said Apartment shall be beyond (+/- 2%) without the consent of the confirmed by the Company only after the majority of the Allottees. construction of the said building is complete and the occupation certificate is It is acknowledged and agreed by the granted by the competent authority. The Company and Allottee that every element of total price payable for the said apartment floor plans has relevance to the Allottee and shall be recalculated upon confirmation thus all elements of all the floor plans by the Company of the final super area of included in Annexure [] must remain largely the said apartment and any increase or intact even after the changes in the Super reduction in the super area of the said Area. The Company shall confirm the final Apartment shall be payable or refundable, Super Area that has been allotted to the as the case may be, without any interest, Allottee after the construction of the Building at the same rate per square meter as is complete and the occupation certificate is agreed in Clause (1.1) of this Agreement granted by the competent authority (ies), by i.e. on the rate irrespective of any rebates furnishing details of the changes in the allowed/payment plan opted for. If there Super Area. shall be an increase in super area, the Apartment Allottee agrees and The total price payable for the Super Area undertakes to pay for the increase in shall be recalculated upon confirmation by super area immediately on demand by the Company. If there is any reduction in the the Company as and when such demand Super Area within the defined limit of 2%, is intimated to the Apartment Allottee by then Company shall refund the money paid the Company irrespective of receipt of the by Allottee immediately with []% per annum Occupation Certificate and if there shall interest. If there is any increase in the Super be a reduction in the super area, then the Area allotted to Allottee, the Company will refundable amount due to the Apartment demand that from the Allottee as per the Allottee shall be adjusted by the next milestone of schedule of payments in Company from the final installment as set Annexure []. All these monetary forth in the Schedule of Payments in adjustments will be made at the same rate Annexure III. per square meter as agreed in Clause (1.1)

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	allottee confirms that he/she has read, understood and agrees to this definition and that he/she has no objection to the same and the Apartment Allottee has assured the Company that after having agreed to the definition of super area given in Annexure II as the basis for the purchase and payment of price of the said Apartment, he/she shall not raise anydisputeor make
1.7	It is further clarified to the Apartment Allottee that the Company has calculated the total price payable for the said Apartment on the basis of its super area (as specifically defined in Annexure II) which comprises of the apartment area and pro rata share of the common areas and facilities within the Belaire and proportionate share of Club and other common facilities within/outside, if any, the said Building only and proportionate share of other common facilities, if any, which may be located anywhere in the said Complex, The Belaire, at the sole discretion of the Company (as listed in Part A & B of Annexure IV). The Company makes it abundantly clear to the Apartment Allottee that he/she shall be entitled to the ownership rights and rights of usage only as per details given below: (i) The Apartment allottee shall have ownership of the said Apartment consisting of the apartment area only. The definition of apartment area is given in Annexure II. The apartment area is included in the computation of super area (super area is defined in Annexure II). (ii) The Apartment Allottee shall also have undivided proportionate share/interest in the common areas and facilities within the said Building/said	The Allottee shall have the right to the Apartment as mentioned below: (i) The Allottee shall have exclusive ownership of the Apartment. (ii) The Allottee shall also have undivided proportionate share interest in the Common Areas and Facilities as defined in the Haryana Apartment Ownership Act 1983 (hereinafter referred to as “Apartment Act”) in the GHS Belaire. Since the share / interest of Allottee in the Common Areas and Facilities is undivided and cannot be divided or separated, the Allottee shall use the Common Areas and Facilities within the GHS Belaire harmoniously along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee over the Common Areas and Facilities shall be within the GHS Belaire (as listed in Annexure []) or outside the Belaire Complex if charged from the Allottee and the use thereof shall always be subject to the timely payment of maintenance charges and other charges as applicable. (iii) That the computation of the price of the Apartment includes
	Complex and proportionate share of other common	recovery of price of land, construction of not only the

¶166

	facilities, if any, which may be located within or outside the Apartment Buildings (as listed in Part A & B of Annexure IV). As the share/interest of Apartment Allottee in the common areas and facilities is undivided and cannot be separated this would require him/her to use the common areas and facilities within the said Complex only (as listed in Part A & B of Annexure IV) harmoniously along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further it is clearly understood and agreed by the Apartment Allottee that even if the common areas and facilities within the said Complex only (as listed in Part A & B of Annexure IV) is included in the computation of super area, the right of the Apartment Allottees to use the common areas and facilities shall be within the said Complex only (as listed in Part A & B of Annexure IV) and shall always be subject to the timely payment of maintenance charges. It is further made abundantly clear and the Apartment Allottee has understood that he /she shall be entitled to undivided proportionate share/interest in no other common areas and facilities except the common areas and facilities within the said Complex only as listed in Part A & B of Annexure IV.	Apartment but also the Common Areas and Facilities included in Annexure [] and situated within the said GHS Belaire.
(iii)	In addition to above, though not forming a part of computation of super area for which price is charged, the Apartment Allottee shall have the ownership of undivided

¶168

proportionate share/interest in
the land underneath the said
Building only (i.e. the land
which is the foot print of the
Building in which the said
Apartment is situated). The
undivided proportionate
share/interest of land
underneath the said Building
shall be calculated in the ratio
of super area of the said
Apartment to the total super
area of all the apartments
within the said Complex only. It
is made abundantly clear and
agreed by the Apartment
Allottee that no other land (s)
is/are forming part of this
Agreement, and the Apartment
Allottee shall have no right, no
title, no interest of any kind
whatsoever on any other
land(s) except to the extent of
using only such general
common areas and facilities
within the said Complex, DLF
City, Phase V limited to and
precisely listed in Part-C of
Annexure IV subject, however,
to the timely payment of
maintenance charges by the
Apartment Allottee.
It is made clear by the
Company and specifically
understood by the Apartment
Allottee that the Company may
at its sole discretion and for the
purpose of complying with the
provisions of Haryana
Apartment Ownership Act,
1983 or any other applicable
laws substitute the method of
calculating the proportionate
share in the ownership of the
land beneath the building
and/or common areas and
facilities as may be described
by the Company in its sole
discretion in any declaration by
calculating the same in the ratio

¶170

	of his/her apartment’s value to the total value of the said building(s) project/scheme, as the case may be, and that the apartment allottee agrees not to raise any objections in this regard.
(iv)	In addition to the above, though not forming a part of the computation of super area, the Apartment Allottee shall be entitled, without any ownership rights, to exclusively use the covered/Open car parking space specifically allotteed to him for parking his/her vehicle in terms of Clause (1.12) below and as listed in Part-D of Annexure IV.	To be deleted
(v)	In addition to above though not forming a part of the computation of super area for which price is charged, the Apartment Allottee shall also be entitled for use only, the	-do-
	general common areas and facilities within the said Complex limited to and precisely listed in Annexure IV, Part-C, which may be within or outside the land underneath the said Building earmarked as common areas by all the occupants of all the buildings to be constructed on the said Portion of Land. However, such general common areas and facilities earmarked for common use of all occupants shall not include the exclusive covered parking space in basements/stilts and open parking spaces, if individually allotted to the respective occupants for their use.
(vi)	It is specifically made clear to the Apartment Allottee

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and is agreed by the Apartment
Allottee that as the proposed
apartments are nearby to the
boundaries of DLF Golf and
Country Club or any other
recreational and sporting	-do-
activities including golf and
tennis etc., the Apartment
Allottee shall have no right, title
or interest in the ownership of
the DLF Golf and Country club
and its ancillary facilities, its
membership, operation and
running of the DLF Golf and
Country club or any other
recreational and sporting
activities including golf and
tennis etc. The Apartment
Allottee shall not raise any
dispute/objection to any
activity(ies) of the DLF Golf and
Country Club or any other
recreational and sporting
activities including golf and
tennis etc. including but not
limited to lighting
arrangements, parties/get
together, tournaments and
other activities of the DLF Golf
and Country Club which may
be carried through out the year
at the sole discretion of the
management of the DLF Golf
and Country Club or any other
recreational and sporting
activities including golf and
tennis etc. It is further made
clear that the area earmarked
for the DLF Golf and Country
Club and its facilities, various
community facilities like school,
recreational and sporting
activities including golf, tennis,
hotels, other clubs, hospitals
and the like shall not be a part
of the complex where the said
apartment/said Building is
proposed to be located and the
Apartment Allottee will be
required to pay separate

¶174

deposits/charges for securing admission and usage to the
DLF Golf and Country Club or any other recreational and sporting activities including golf
and tennis etc. and other community facilities, the
acceptance or rejection of
which shall be at the sole discretion of the management of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities and the Apartment Allottee shall not raise any dispute/objection in this regard at any time during the occupancy of the said Apartment. It is further made clear to the Apartment Allottee that the running and operation of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities including nearby governmental installations/statutory reasons may cause disturbance to the occupants of nearby areas for which the Apartment Allottee specifically agrees not to raise any dispute or make any claim of whatsoever nature against the Company in this regard.
(vii) While the super area of the said Apartment does not include any recovery/loading
towards the cost of construction	-do-
or area of club /Community
Centre within the said
Complex, the Apartment
Allottee(s) have conditional
right of usage of facilities of a
common nature which may be
provided on the
Club/Community center within the said Complex only.

¶176

However, the Company
reserves the right to include
such areas in the computation
of final super area of the
apartment at any stage with the
proviso that the price shall not
be charged for such additional
area of the Club/Community
Center from the Apartment
Allottee(s) and the Apartment
Allottee(s) shall not raise any
objection thereto. It is clarified
and understood that this
club/community center is
distinct and independent from
DLF Golf and Country Club/any
other club in DLF
City/Community center sites in
DLF City and /or any other
recreational and sporting
activities including golf and
tennis etc. and any other
activity/amenity facility of a
general nature provided by the
Company. This right of usage is
limited to the said Site within
the said Complex only and is
subject to the fulfilment of the
terms and conditions as
stipulated in this application
and Payment Plan. The
Apartment Allottee authorises
the Company to formulate at
the Company’s sole discretion
appropriate management
structure and policies, rules
and regulations for the said
Club/Community Centre and
upon intimation of the
formalities to be complied with
by the Company, the
Apartment Allottee undertakes
to fulfil the same. It is
understood that the
Club/Community Centre usage
shall be limited to only the
occupants of the Complex and
the Company may make
suitable provision of
convenants to this effect in the

¶178

	necessary documents which the Apartment Allottee undertakes to faithfully comply with without raising any objections. It is understood that the entire operating cost of the said Club/community facility, improvements/up gradations to be carried out over a period of time, direct usage charges for the facilities used and the items consumed by the Apartment Allottee from time to time, shall in no way constitute any portion of the sale price of the said Apartment and shall be paid extra and are outside the scope of this application, payment plan of the Apartment Buyers’ Agreement.
(viii)	That the company has made it specifically clear to the Apartment allottee and after having satisfied himself/themselves, the Apartment allottee has understood and agreed that the computation of the price of the said Apartment does not include any element of recovery or payments towards land, construction, running and operation of community buildings/sites, other recreational and sporting activities including golf and tennis etc. as well as recovery of payment towards maintenance charges of any kind by the Company from the Apartment Allottee in any manner. Further, the Apartment Allotttee understands and fully agrees that the Company is free to deal with community buildings/sites/recreational and sporting activities including golf and tennis etc. in any manner as the Company may deem fit	-do-

¶180

and as regards payment of maintenance charges the Apartment Allottee shall not raise any claim against payment of maintenance charges payable by the Apartment Allottee to the Association of apartment allottees/the maintenance agency/the company for such maintenance from the Date of Occupationcertificate.
1.8 All other land(s) areas, facilities and amenities including those listed below, are specifically excluded from the scope of this Agreement and the Apartment Allottee shall not be entitled to any ownership rights, rights of usage, title or interest etc. in any form or manner whatsoever in such land(s), areas, facilities and amenities. Such lands, areas, facilities and amenities have not been included in the scope of this Agreement or in the computation of super area for calculating the sale price and, therefore, the Apartment Allottee has not paid any money for use or ownership in respect of such lands, areas, facilities and amenities. The Apartment Allottee agrees and understands that the ownership of such lands, areas, facilities and amenities vests solely with the Company, its Associate companies, its subsidiary companies and their usage and manner/method of use, disposal etc. shall be at the sole discretion of the Company, its Associate companies, its subsidiary companies. All land(s), areas, (except the general common areas and facilities and amenities within the said Complex earmarked for common use, limited to and precisely listed in Part B of Annexure IV) falling outside the land underneath the said Building in which the said Apartment is located including but not limited to those as listed in Annexure IV, Part C, or any other facility or amenity as may be provided at the sole option and sole discretionofthe Company orasmay be	To be deleted

and as regards payment of
maintenance
charges
the
Apartment Allottee shall not
raise
any
claim
against
payment
of
maintenance
charges
payable
by
the
Apartment
Allottee
to
the
Association
of
apartment
allottees/the
maintenance
agency/the company for such
maintenance from the Date of
Occupationcertificate.

1.8
All other land(s) areas, facilities and
amenities including those listed below,
are specifically excluded from the scope
of this Agreement and the Apartment
Allottee shall not be entitled to any
ownership rights, rights of usage, title or
interest etc. in any form or manner
whatsoever
in
such
land(s),
areas,
facilities and amenities. Such lands,
areas, facilities and amenities have not
been included in the scope of this
Agreement or in the computation of super
area for calculating the sale price and,
therefore, the Apartment Allottee has not
paid any money for use or ownership in
respect of such lands, areas, facilities and
amenities. The Apartment Allottee agrees
and understands that the ownership of
such lands, areas, facilities and amenities
vests solely with the Company, its
Associate
companies,
its
subsidiary
companies
and
their
usage
and
manner/method of use, disposal etc. shall
be at the sole discretion of the Company,
its Associate companies, its subsidiary
companies.
All land(s), areas, (except the general
common
areas
and
facilities
and
amenities
within
the
said
Complex
earmarked for common use, limited to
and precisely listed in Part B of Annexure
IV) falling outside the land underneath the
said Building in which the said Apartment
is located including but not limited to
those as listed in Annexure IV, Part C, or
any other facility or amenity as may be
provided at the sole option and sole
discretionofthe Company orasmay be

To be deleted

¶182

provided in accordance with the
directions of any competent authority(ies)
including but not limited to schools,
shops, facilities, amenities etc. even if
provided in the said Building, are
specifically excluded from the scope of
this Agreement and the Apartment
Allottee shall have no ownership rights,
no right of usage, no title, no interest or
no claims whatsoever in such land(s),
areas, facilities and amenities within the
said Building, the said Portion of Land or
any where in Phase V. The Apartment
Allottee hereby gives an irrevocable
undertaking to the Company that he/she
shall never claim any rights, title nor any
interest in these land(s), areas, facilities
and amenities, including but not limited to
those listed in Annexure IV, Part-E, as
they are specifically excluded from the
scope of this Agreement and are not
included in the computation of super area
in any manner, and for which the
Apartment Allottee has not paid any
money to the Company in any form or
manner whatsoever and that the
Apartment Allottee agrees that he/she
shall not, at a later date, after execution
of this Agreement, raise any claim or
create any dispute in respect of such
land(s), areas, facilities and amenities.
The Company, its Associates, its
subsidiary companies as the owner of
such lands, areas facilities and amenities
shall have sole right and absolute
authority to deal with the same in any
manner including but not limited to
creation of rights in favour of any other
party by way of sale, transfer, lease, joint
venture, collaboration or any other mode
including transfer to Government, Semi
Government, any other Authority, Body,
any Person, Institution, Trust and/or any
Local Body(ies) which the Company may
deem fit in its sole discretion.
All land(s) [ other than usage of land(s)
earmarked in the layout plan as may be
approved from time to time as public
roads only for use by general public in

¶184

Phase-V and in DLF City.] falling outside
the periphery/boundary of the said
Portion of Land are clearly outside the
scope of this Agreement and the
Apartment Allottee shall have no
ownership rights, no rights of use, no title
no interest of any kind or manner
whatsoever in such lands falling outside
the periphery/boundary of the said
Portion of Land. The Company, its
Associate companies, its subsidiary companies as the owner of some of these
lands, areas, facilities and amenities shall have the sole right and the absolute authority to deal in any manner including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease or any other mode which the Company may deem fit in its sole discretion.
The Apartment Allottee confirms and represents that he/she has not made any
payment to the Company in any manner whatsoever and the Apartment Allottee hereby agrees that the Company has not indicated/promised/represented/given any
impression of any kind in an explicit or
implicit manner whatsoever, that the Apartment Allottee shall have any right, title or interest of any kind whatsoever in
any lands, building, common areas, facilities and amenities falling outside the
land underneath the said Building save
and except the use of general common
areas (for the purpose of direct exit to a nearest public street, nearest road only) to be identified by the Company in its sole discretion and such identification by the
Company in its plans now or in future
shall be final, conclusive and binding on
the Apartment Allottee. Further the
Company has made clear to the
Apartment Allottee that it shall be carrying
out extensive development/construction
activities now and for many decades in
future in the entire area falling outside
land underneath the said Building in
which his/her Apartment is located and that the Apartment Allottee has confirmed

¶186

	that he/she shall not raise any objection or make any claims or fail to pay installments in time as stipulated in Schedule of Payments in Annexure III on account of convenience, if any, which may allege to be suffered by him/her due to such development/construction or its incidental/related activities. It is made clear by the Company and agreed by the Apartment Allottee that all rights including the rights of ownership of land (s), facilities and amenities (other than those within the said Building and the land underneath the said Building only) shall vest solely with the Company, its Associate companies, its subsidiary companies who shall alone have the sole
	and absolute authority to deal in any manner with such land(s), facilities and amenities including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease, collaboration, joint venture, operation and management or any other mode including transfer to Government, Semi-
	Government, any other Authority, Body any Person, Institution, Trust and /or any
	Local Body(ies) which the Company may
	deem fit in its sole discretion. The
	Company relying in good faith on this specific undertaking of Apartment Allottee in this Agreement has agreed to accept
	the application and allot the said Apartment and this undertaking shall survive throughout the occupancy of the Apartment by the Apartment Allottee, his/her legal representative, successors, administrators, executors, assigns etc.
1.9	It is made clear by the Company and the
	Apartment Allottee agrees that the said
	Apartment along with two02)/three
	(03)/four (04) car parking spaces will be
	treated as a single indivisible unit for all
	purposes including but not limited to
	Haryana Apartment Ownership Act, 1983
	and amendments thereto. The Apartment
	Allottee further agrees that the Common
	areas and within/outside apartment
	buildings (as listed in Part A of Annexure
	IV) areforcommonuse ofallthe

¶190

occupants of the said Building and that
the general common areas and facilities
within the said Complex which are
outside the land underneath the said
Building
(excluding
reserved
parking
areas) as listed in Part B of Annexure IV
are for common use of occupants of all
the buildings to be constructed on the
said Portion of Land. However, it is
specifically made clear to the Apartment
Allottee that his/her right to use such
common areas and facilities within the
said Building (as listed in Part A of
Annexure IV) and general common areas
and facilities (as listed in Part B of
Annexure IV) falling outside the land
underneath the said Building (excluding
car parking spaces specifically allotted
and assigned to the Apartment Allottee(s)
but within the said Complex shall be
limited to the areas within the said
Complex as may be included in the
Declaration which may be filed by the
Company at its sole discretion in terms of
the Haryana Apartment Ownership Act,
1983 or any other amendment(s) or
statutory modification(s) or re-enactments
thereof or under the provisions of any
other applicable law(s) and the Apartment
Allottee
hereby
agrees
that
such
Declaration shall be binding upon the
Apartment
Allottee.
The
Apartment
Allottee has assured the Company to
faithfully abide by such declaration. The
common areas and facilities within the
said Building (as listed in Part A of
Annexure IV) and the general common
areas and facilities within the said
Complex (as listed in Part B of Annexure
IV) shall be available for use by the
Apartment Allottee subject to the timely
payment of maintenance charges and the
Apartment Allottee agrees that in the
event of failure to pay maintenance
charges on or before due date, he/she
shall not have the right to use such
common areas and facilities and such
general common areas and facilities.
It is further clarified by the Company and
agreed to by the Apartment allottee that

with any other project in its vicinity or
otherwise
except
for
the
purpose
of
integration of infrastructure for the benefit of
the Allottee.

¶192

	the company may at its sole discretion make The Belair project a part of any other adjacent project that has already come into existence or maybe constructed in future at any time or keep it separate as an independent estate and the Apartment allottee shall not raise any objection for such formation. In the event of any such formation, the common areas and facilities and the \undivided interest of each apartment owner shall be specified by the Company in the declaration which may be filed by the Company in compliance of the Haryana Apartment Ownership Act, 1983 which shall be conclusive and binding upon the apartment owners and the Apartment allottee agrees and confirms that his/her right, title and interest in the said Apartment/said Building/said Complex as specified in the said declaration shall be acceptable to him/her without any objection/dispute against the Company/Association of the Apartment owners or Association of Condominium, as the case may be.
1.10	It is specifically made clear by the Company and understood by the Apartment Allottee that all other areas and facilities (not included in Part-A and Part-B of Annexure IV) including but not limited to those as listed in Part D of Annexure IV or any other facility or amenity as may be provided by the Company at its sole option and discretion or provided in accordance with the direction of any competent authority(ies) and including but not limited to shops, facilities, amenities if provided at the Company’s sole option and discretion in the stilts of the said Building, are specifically excluded from the scope of this Agreement and, therefore, shall not form a part of the declaration to be filed in terms of Haryana Apartment Ownership Act, 1983 or any other amendment(s) or statutory modification(s) or re-enactments thereof or under the provisions of any otherapplicablelaw(s).	It is understood by the Allottee that all other areas and facilities (not included in Annexure []) i.e. areas and facilities falling outside the GHS Belaire shall not form a part of the Deed of Declaration to be filed in accordance with the Haryana Apartment Ownership Act, 1983.

¶194

1.11	It is made clear by the Company and agreed by Apartment allottee that the payment of External Development charges shall always be solely to the account of Apartment allottee to be borne and paid by all the apartment allottees in proportion to the super area of their respective apartments to the total super area of all the Apartments in all the buildings in the said Complex. The pro rate share of External Development charges as levied by the Govt. of Haryana up to the date of issue of licenses originally paid by the company as applicable to the said apartment is already taken into account by the Company while determining the total price payable by the Apartment Allottee for the said Apartment. The Apartment allottee undertakes to additionally pay to the Company, on demand, any increase in the External Development charges levied, (over and above the rate originally paid by the company and included in the sale price on which EDC is charge up to the date of issue of license by the Govt. of Haryana), by whatever name called or in whatever form and with all such conditions imposed, by the Haryana Govt. and /or any competent authority and such increase in external development charges shall be borne and paid by the Apartment Allottee in proportion to the super area of his/her Apartment to the total super area of all the Apartments in all the buildings in the said Complex as determined by the company. If such charges are increased (including with retrospective effect) after the sale deed has been executed then the Apartment Allottee undertakes to pay such charges directly to the government agency or department concerned or to the company as may be called for immediately on demand. In the event of suchchargesremaining unpaid, the	Any raise in the IDC and EDC imposed by the Government after the date of execution of the Agreement, or imposition/levy of additional levy(ies), fees, cesses, charges etc. in the nature of infrastructure charges and or by whatever name either existing or leviable in future imposed/levied by the Government of Haryana or any other authority, shall be paid by the Allottee either directly to the concerned authorities or if paid by the Company on behalf of the Allottee or demanded from the Company, pay the same to the Company on pro-rata basis as specified in clause 38 of this Agreement². In case such IDC are levied/ demanded by the government from the Company with retrospective effect, the Allottee shall be liable to pay the same on demand being raised by the Company on pro-rata basis as stated hereinabove. The Company assures the Allottees that the Company had paid the requisite IDC and EDC till the date of execution of the Agreement.

¶197

Apartment allottee agrees that the
company shall have an unfettered right to resume the said Apartment and the apartment allottee shall have no right, title and interest left in the apartment thereafter. The apartment allottee further agrees that he/she would not be
competent to challenge such action of
resumption of the said apartment by the Company due to default of non-payment of such enhanced external development
charges on the part of the Apartment Allottee.
In addition to the external development charges, as mentioned in Clause 1.11 (a) hereinabove, the Government of Haryana
or any other authority, with a view to recover the cost of development with
regard to State/National Highways,
transport, irrigation facilities, power facilities etc. may impose/levy additional levy(ies), fees, cesses, charges etc. by
whatever name called on prescribed
basis either existing or leviable in future and in that event, the Intending Allottee agrees to pay the same either directly to
the concerned authorities paid by the
Company or demanded from the
company, reimburse the same to the Company on pro-rate basis on demand
being raised by the Company on him in this regard. It is made clear that the said
charges shall be levied on pro-rate basis pertaining to the said apartment in The Belaire Complex and the same shall be assessable/applicable/calculable from the
date of this Application. It has further clarified to the Intending Allottee that the said Infrastructure Development Charges shall be payable by the Intending Allottee in addition to the External Development Charges mentioned in Clause 1.11 (a) hereinabove. In case such Infrastructure
Development Charges are
levied/demanded by the government from the Company with retrospective effect for
any reason whatsoever, the Intending
Allottee shall be liable to pay the same on demand being raised by the Company on

¶199

retrospective basis from the date of this Application on pro-rata basis as stated hereinabove. In case the Sale Deed has already been executed in favour of the Intending Allottee by the Company and the demand of Infrastructure Development Charges has been made by the concerned Authority after the execution of such Sale Deed, then in that event the pro-rate demand made by the Company on the Intending Allottee shall be treated as unpaid sale price of the said apartment and the Company shall have a lien on the apartment to the extent of such unpaid amount. 1.12 The Apartment Allottee agrees that the The Allottee agrees that the [] covered/open Two (02)/Three (03)/Four (04) parking space allotted to him/her for covered/open parking space allotted to exclusive use shall be understood to be part him/her for exclusive use shall be of the the Apartment and the same shall not understood to be together with the have independent legal entity detached from Apartment and the same shall not have the said Apartment. As the parking spaces independent legal entity detached from are an integral amenity of the Apartment the said Apartment. As the parking and the parking spaces form one single spaces are an integral amenity of the said indivisible unit, the Allottee undertakes not Apartment and the said Apartment to sell/transfer/deal with the parking space alongwith two/three car parking spaces independent of the Apartment. The Allottee form one single indivisible unit. The undertakes to park his/her vehicle in the Apartment Allottee undertakes not to parking space allotted to him/her and not sell/transfer/deal with the parking space anywhere else within the GHS Belaire. It is independent of the said Apartment. The specifically made clear and the Allottee Apartment Allottee undertakes to park agrees that the service areas in the his/her vehicle in the parking space basement, if any, provided anywhere in the allotted to him/her and not anywhere else complex shall be kept reserved for services, in the said Complex. It is specifically use by maintenance staff etc. and such made clear and the Apartment Allotted areas shall not be used by the Allottee for agrees that the service areas in the parking his/her vehicles. The Allottee agrees basement, if any, provided anywhere in and confirms that the parking space allotted the said Complex shall be kept reserved to him/her shall automatically be cancelled for services, use by maintenance staff in the event of cancellation, surrender, etc. and such areas shall not be used by relinquishment, resumption, re-possession the Apartment Allottee for parking his/her etc. of the said Apartment under any of the vehicles. The Apartment Allottee agrees provisions of this Agreement. A tentative that all such car parking spaces allotted parking plan is given in Annexure []. All to the occupants of the building(s)/said clauses of this Agreement pertaining to use, Complex shall not form part of common possession, cancellation etc. shall apply areas and facilities of the said mutatis mutandis to the said parking spaces Apartment/any building constructed on wherever applicable. the said Site for the purpose of the declaration to be filed by the Company under Haryana Apartment Ownership Act,

¶201

	1983. The Apartment Allottee agrees and confirms that the parking space allotted to him/her shall automatically be cancelled in the event of cancellation, surrender, relinquishment, resumption, re- possession etc. of the said Apartment under any of the provisions of this Agreement. A tentative parking plan is given in Annexure-IV. All clauses of this Agreement pertaining to use, possession, cancellation etc. mutatis mutandis to the said parking spaceswhereverapplicable.
1.13	The total price of the said Apartment mentioned in the schedule of payments in Annexure III of this Agreement is inclusive of the cost of providing electric wiring, fire detection and fire fighting equipment in the common areas within the said Building/said Complex as prescribed in the fire fighting code/regulations under National Building Code 1983, amendment No.3 of January, 1997. Power back-up may be provided subject to timely payment of maintenance charges, not exceeding 7.5 KVA load per Apartment in Building A, B & C and 10 KVA load per Apartment in Buildings D&E at 70% load factor in addition to that for the common areas and services. However, DG set capacity calculation shall take into account suitable overall diversity of 60%. This back-up is exclusive of the back-up required and provided for Central Air-conditioning plant of the Complex to be located in the services area(s). It is specifically made clear to the Apartment Allottee that in the event of non payment of electricity charges as billed by the Company/the Maintenance Agency, the Company/the Maintenance Agency shall have the right to disconnect such supply of electricity without any notice. The total price of the said Apartment does not include the cost of electric fittings, fixtures, geysers, electric and water meter etc. which shall be got installed by the Apartment Allottee at his/her own cost. If due to any subsequent legislation/Govt. order, directives, guidelines or	The Total Price of the Apartment includes the cost of providing electric wiring, fire detection and fire fighting equipment in the Common Areas and Facilities within the GHS Belaire as prescribed in the Fire Fighting Code/Regulations under National Building Code 1983, amendment No.3 of January, 1997. The Company undertakes to provide residential electricity connection through Dakshin Haryana Bijli Vitran Nigam (DHBVN) or State Electricity Boards (SEB) with sufficient capacity as defined in Annexure [] for the GHS Belaire. The Company shall also provide sufficient backup power facility for the requirements defined in Annexure []. The backup power plant may be located within or outside the complex and the same shall be an integral part of the Common Area and Facilities of the GHS Belaire and for the exclusive use of the GHS Belaire. In the event that any other type of connection (other than residential) such as industrial or commercial, is provided at the time of handing over the possession, the Company shall bear the additional cost of electricity charges and the Allottees shall be liable to pay the electricity charges, based on their actual consumption, only at the rates applicable for residential connection as chargeable by DHBVN from time to time. The Total Price of the Apartment does not include the cost of electric fittings, fixtures, electric andwater meteretc. withinthe

¶204

	change/amendments in Fire Code including the National Building Code or if deemed necessary by the Company or any of its nominees at its sole discretion, additional fire safety measures are undertaken, then the Apartment Allottee undertakes to pay within thirty (30) days from the date of written demand by the Company, the additional expenditure incurred thereon along with other Apartment Allottees proportion to the super area of his/her Apartment to the total super area of all the Apartments in the said Building/said Complex as determined by the Company.	Apartment which shall be installed by the Allottee at his/her own cost. If, before the handing over possession, due to any change or enactment of any legislation, laws, bylaws or Govt. orders, directives, guidelines or change /amendments in Fire Code including the National Building Code, any additional fire safety measures are required to he installed, the Company shall install the same and the said liability, after the handing of possession, shall be of the Allottees who shall pay on pro rata basis.
1.14	The Apartment allottee has agreed and understood that the company or its agents may at their sole discretion and subject to such government approvals as may be necessary, enter into the arrangement of generating and/or supplying power to the various complexes with or outside the DLF City, Gurgaon (Haryana) including the Belair Complex in which the Apartment allottee may be owning the said apartment. In such an eventuality the apartment allottee fully concurs and confirms that he /she shall have no objection to such arrangement for generating and/or supply of power but also gives complete consent to such arrangement including it being an exclusive source of power supply to the said complexes or to the Apartment Allottee directly and has noted the possibility of its being to the exclusion of power supply from DHBVN/State electricity Boards (SEBs)/any other source. The apartment allottee further agrees that this arrangement could be provided within the various complexes of DLF City, Gurgaon by the Company or its agents directly or through the respective Association of apartment owners. It is further agreed by the apartment allottee that the company or its agents shall have the sole right to select the site, capacity and type of the power generating and supply equipment/plant as	To be deleted.

¶206

may be considered necessary by the Company or its agents in their sole discretion from time to time. It is also understood that the said equipment/plant may be located anywhere in or around DLF City, Gurgaon including within or nearby the said Complex within which the Apartment allottee may be owning the apartment. It is further agreed and confirmed by the Apartment allottee that the company or its agents shall have the right to charge tariff for providing/supplying the power at the rate as may be fixed from time to time by the Company which may or may not be limited to the rate then charged by the DHBVN/State Electricity Boards. The apartment allottee agrees and confirms that he/she shall pay the tariff to the company or its agents directly or through the Association of apartment allottee respectively for consuming the power so supplied but shall have no ownership right, title or interest in the equipment so installed by the Company or its agents. The apartment allottee also confirms that he/she had understood that such power generating and/or supplying equipment may during its operation inconvenience the Apartment allottee and the apartment allottee has no objection to the same. The obligation to pay the tariff shall remain with the Apartment Allottee to be paid forthwith as per demand. The Apartment Allottee further specifically agrees not to raise any dispute with regard to such arrangement either with regard to installation of power generating equipment or payment of tariff at any time whatsoever during the period of Apartment Allottee’s ownership of the said Apartment. This clause shall survive the conveyance of the said apartment or any subsequent sale/resale or conveyancing thereof.
2 Payment for taxes, wealth-tax, cesses by Apartment Allottee	Payment for taxes on land, wealth-tax, cesses by Allottee

may be considered necessary by the
Company or its agents in their sole
discretion from time to time. It is also
understood that the said equipment/plant
may be located anywhere in or around
DLF City, Gurgaon including within or
nearby the said Complex within which the
Apartment allottee may be owning the
apartment.
It is further agreed and confirmed by the
Apartment allottee that the company or its
agents shall have the right to charge tariff
for providing/supplying the power at the
rate as may be fixed from time to time by
the Company which may or may not be
limited to the rate then charged by the
DHBVN/State Electricity Boards. The
apartment allottee agrees and confirms
that he/she shall pay the tariff to the
company or its agents directly or through
the Association of apartment allottee
respectively for consuming the power so
supplied but shall have no ownership
right, title or interest in the equipment so
installed by the Company or its agents.
The apartment allottee also confirms that
he/she had understood that such power
generating and/or supplying equipment
may during its operation inconvenience
the Apartment allottee and the apartment
allottee has no objection to the same. The
obligation to pay the tariff shall remain
with the Apartment Allottee to be paid
forthwith as per demand. The Apartment
Allottee further specifically agrees not to
raise any dispute with regard to such
arrangement
either
with
regard
to
installation
of
power
generating
equipment or payment of tariff at any time
whatsoever
during
the
period
of
Apartment Allottee’s ownership of the
said Apartment. This clause shall survive
the conveyance of the said apartment or
any
subsequent
sale/resale
or
conveyancing thereof.

2
Payment for taxes, wealth-tax, cesses by
Apartment Allottee

Payment for taxes on land, wealth-tax,
cesses by Allottee

¶209

That the Apartment Allottee agrees to pay The Allottee agrees to pay directly, or if paid directly or if paid by the Company then by the Company, then reimburse to the reimburse to the Company on demand, Company on demand, Govt. rates, property Govt. rates, property taxes, Wealth Tax, taxes, wealth tax, taxes of all and any kind taxes of all and any kind by whatever by whatever name called, whether levied or name called, whether levied or leviable leviable now or in future on the GHS Belaire now or in future on the said Complex /or building(s) constructed on the Said Land and/or building(s) constructed on the said or the Apartment, as the case may be, as Portion of Land or the said Apartment, as assessable/applicable from the date of the case may be, as application of the Allottee and the same assessable/applicable from the date of shall be borne and paid by the Allottee in application of the Apartment Allottee and proportion to the Super Area of the said the same shall be borne and paid by the Apartment to the Super Area of all the Apartment Allottee in proportion to the Apartments in the GHS Belaire. Further the Super Area of the said Apartment to the Allottee shall be liable to pay from the date super area of all the Apartments in the of his/her application house-tax/propertysaid building/said Complex as determined tax, fire fighting tax or any other fee or cess by the Company. Further the Apartment as and when levied by a local body or Allottee shall be liable to pay from the authority and so long as the Apartment of date of his/her application housethe Allottee is not separately assessed to tax/property-tax, fire fighting tax or any such taxes, fee or cess, the same shall be other Fee or Cess as and when levied by paid by the Allottee in proportion to the a Local Body or Authority and so long as Super Area of the said Apartment to the the said Apartment of the Apartment total Super Area of all the Apartments in the Allottee is not separately assessed to GHS Belaire. such Taxes, Fee or Cess, the same shall be paid by the Apartment Allottee in proportion to the super area of the said Apartment to the total super area of all the Apartments in the said Building/said Complex as determined by the Company. These taxes, fees, cesses etc shall be paid by the Apartment Allottee irrespective of the fact whether the maintenance is carried out by the Company or its Nominee or any other Body or Association of all or some of the Apartment owners. 3 Amount paid by Apartment Allottee with Amount paid by Apartment Allottee with Application Application

¶212

(Annexure-III) attached with this Agreement along with all other charges, securities etc. as may be demanded by the Company within the time and in the manner specified therein.	along with all other charges, securities etc. as may be demanded by the Company within the time and in the manner specified therein.
4 Earnest Money	Earnest Money
The Apartment Allottee has entered into this Agreement on the condition that out of the amount(s) paid/payable by him/her for the said Apartment and the parking spaces allotteed to him/her, the Company shall treat 10% of the sale price of the Apartment amounting to Rs.---------- (Rupees ........)as earnest money to ensure fulfillment, by the Apartment allottee, of the terms and conditions as contained in the application and this agreement. The term sale price shall include basic sale price, preferential location charges, sale price of car parking space (s), due or to be paid which form part of the Schedule of Payments at Annexure III. The Apartment Allottee hereby authorizes the company to forfeit out of the amounts paid/payable by him/her, the earnest money as aforementioned together with any interest paid, due or payable along with an any other amount of a non refundable nature including brokerage paid by the Company to the brokers in case of booking is done through a broker in the event of the failure of the Apartment allottee to perform his/her obligations or fulfill all the terms and conditions set out in the application and / or this Agreement executed by the Apartment allottee including but not limited to the concurrence of any event of default as described in Clause (12) of this Agreement or in the event of failure of the Apartment Allottee to sign and return this Agreement in its original form to the Company within thirty (30) days from the date of its dispatch by the Company. The Apartment allottee agrees that the conditionsfor forfeiture ofearnestmoney	The Allottee has entered into this Agreement on the condition that, out of the amount(s) paid/payable by him/her for the Apartment alongwith the parking spaces allotted to him/her, the Company shall treat 10% of the sale price of the Apartment amounting to Rs.[] (Rupees [] as earnest money to ensure fulfillment, by the Allottee, of the terms and conditions as contained in this Agreement. Earnest money shall not include any other charges such as Preferential Locations Charges, brokerage charges etc. However, the earnest money shall be liable for forfeiture in case any of the following contingencies occur: (i) In case the Allottee terminates the present agreement without any default or breach by the Company. In case, however the Allottee has terminated the agreement on the basis of default or breach by the Company, then the Company shall not have the right to forfeit any amounts deposited by the Allottee as the same shall be recoverable only on the determination of the issues between the Parties by the Arbitrator. The Company shall be liable to refund the entire amount deposited in the first instance, with the Allottee being required to furnish security for an amount of the earnest money, with an undertaking that he shall be liable to pay interest @ []% per annum on the earnest money so retained in case he fails to prove the breach. (ii) In case the Allottee fails to make payments for 3 consecutive stages of construction, despite having been issued noticeinthatregard.

(Annexure-III)
attached
with
this
Agreement along with all other charges,
securities etc. as may be demanded by
the Company within the time and in the
manner specified therein.

along with all other charges, securities etc.
as may be demanded by the Company
within the time and in the manner specified
therein.

4
Earnest Money

Earnest Money

The Apartment Allottee has entered into
this Agreement on the condition that out
of the amount(s) paid/payable by him/her
for the said Apartment and the parking
spaces allotteed to him/her, the Company
shall treat 10% of the sale price of the
Apartment
amounting
to
Rs.----------
(Rupees ........)as earnest money to
ensure fulfillment, by the Apartment
allottee, of the terms and conditions as
contained in the application and this
agreement. The term sale price shall
include basic sale price, preferential
location charges, sale price of car parking
space (s), due or to be paid which form
part of the Schedule of Payments at
Annexure III.
The Apartment Allottee hereby authorizes
the company to forfeit out of the amounts
paid/payable by him/her, the earnest
money as aforementioned together with
any interest paid, due or payable along
with an any other amount of a non
refundable nature including brokerage
paid by the Company to the brokers in
case of booking is done through a broker
in the event of the failure of the
Apartment allottee to perform his/her
obligations or fulfill all the terms and
conditions set out in the application and /
or this Agreement executed by the
Apartment allottee including but not
limited to the concurrence of any event of
default as described in Clause (12) of this
Agreement or in the event of failure of the
Apartment Allottee to sign and return this
Agreement in its original form to the
Company within thirty (30) days from the
date of its dispatch by the Company.
The Apartment allottee agrees that the
conditionsfor forfeiture ofearnestmoney

The
Allottee
has
entered
into
this
Agreement on the condition that, out of the
amount(s) paid/payable by him/her for the
Apartment alongwith the parking spaces
allotted to him/her, the Company shall treat
10% of the sale price of the Apartment
amounting to Rs.[] (Rupees [] as earnest
money to ensure fulfillment, by the Allottee,
of the terms and conditions as contained in
this Agreement.
Earnest money shall not include any other
charges such as Preferential Locations
Charges, brokerage charges etc. However,
the earnest money shall be liable for
forfeiture in case any of the following
contingencies occur:
(i) In case the Allottee terminates the
present agreement without any default or
breach by the Company.
In
case,
however
the
Allottee
has
terminated the agreement on the basis of
default or breach by the Company, then the
Company shall not have the right to forfeit
any amounts deposited by the Allottee as
the same shall be recoverable only on the
determination of the issues between the
Parties by the Arbitrator. The Company shall
be liable to refund the entire amount
deposited in the first instance, with the
Allottee being required to furnish security for
an amount of the earnest money, with an
undertaking that he shall be liable to pay
interest @ []% per annum on the earnest
money so retained in case he fails to prove
the breach.
(ii) In case the Allottee fails to make
payments for 3 consecutive stages of
construction, despite having been issued
noticeinthatregard.

¶214

shall remain valid and effective till the execution and registration of the conveyance deed for the said Apartment and that the Apartment Allottee hereby authorises the Company to effect such forfeiture without any notice to the Apartment Allottee and the Apartment allottee has agreed to this condition to indicate his/her commitment to faithfully abide by all the terms and conditions contained in his/her application and this Agreement.	The Parties agree that the conditions for forfeiture of earnest money shall remain valid and effective till the execution and registration of the conveyance deed for the Apartment.
5 Mode of Payment That the Apartment Allottee shall make all payments in time in terms of Schedule of Payments as given in Annexure-III annexed to this Agreement and as may be demanded by the Company from time to time and without any reminders from the Company through A/c Payee Cheque(s)/Demand Draft(s) in favour of M/s DLF Limited’ payable at New Delhi/Delhi.	Mode of Payment Subject to the Company abiding by the construction milestones, the Allottee shall make all payments, on demand by the Company, within the stipulated time as mentioned In the schedule of payments as annexed to this Agreement through A/ c Payee cheque/demand draft in favour of 'MIs [] payable at New Delhi/Delhi.
6 Compliance of Laws relating to remittances TheApartment Allottee, if resident outside India, shall solely be responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules made thereunder or any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the company with such permission, approvals which would enable the Company to fulfill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof and the Rules and Regulations of theReserveBankof India orany other	Compliance of Laws relating to remittances TheAllottee, if resident outside India, shall solely be responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules made thereunder or any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the company with such permission, approvals which would enable the Company to fulfill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or any other applicable law . The Allottee understand and agrees that in the event of any failure on his/herpart to complywiththe applicable

shall remain valid and effective till the
execution
and
registration
of
the
conveyance deed for the said Apartment
and that the Apartment Allottee hereby
authorises the Company to effect such
forfeiture without any notice to the
Apartment Allottee and the Apartment
allottee has agreed to this condition to
indicate his/her commitment to faithfully
abide by all the terms and conditions
contained in his/her application and this
Agreement.

The Parties agree that the conditions for
forfeiture of earnest money shall remain
valid and effective till the execution and
registration of the conveyance deed for the
Apartment.

5
Mode of Payment
That the Apartment Allottee shall make all
payments in time in terms of Schedule of
Payments
as
given
in
Annexure-III
annexed to this Agreement and as may
be demanded by the Company from time
to time and without any reminders from
the
Company
through
A/c
Payee
Cheque(s)/Demand Draft(s) in favour of
M/s DLF Limited’ payable at New
Delhi/Delhi.

Mode of Payment
Subject to the Company abiding by the
construction milestones, the Allottee shall
make all payments, on demand by the
Company, within the stipulated time as
mentioned In the schedule of payments as
annexed to this Agreement through A/ c
Payee cheque/demand draft in favour of
'MIs [] payable at New Delhi/Delhi.

6
Compliance
of
Laws
relating
to
remittances
TheApartment Allottee, if resident
outside India, shall solely be responsible
for
complying
with
the
necessary
formalities as laid down in Foreign
Exchange
Management
Act,
1999,
Reserve Bank of India Act and Rules
made
thereunder
or
any
statutory
amendment(s)
modification(s)
made
thereof and all other applicable laws
including that of remittance of payment
acquisition/sale/transfer
of
immovable
properties in India etc. and provide the
company with such permission, approvals
which would enable the Company to fulfill
its obligations under this Agreement. Any
refund, transfer of security, if provided in
terms of the Agreement shall be made in
accordance with the provisions of Foreign
Exchange Management Act, 1999 or
statutory enactments or amendments
thereof and the Rules and Regulations of
theReserveBankof India orany other

Compliance of Laws relating to remittances
TheAllottee, if resident outside India, shall
solely be responsible for complying with the
necessary formalities as laid down in
Foreign Exchange Management Act, 1999,
Reserve Bank of India Act and Rules made
thereunder or any statutory amendment(s)
modification(s) made thereof and all other
applicable laws including that of remittance
of
payment
acquisition/sale/transfer
of
immovable properties in India etc. and
provide the company with such permission,
approvals which would enable the Company
to fulfill its obligations under this Agreement.
Any refund, transfer of security, if provided
in terms of the Agreement shall be made in
accordance with the provisions of Foreign
Exchange
Management
Act,
1999
or
statutory
enactments
or
amendments
thereof and the Rules and Regulations of
the Reserve Bank of India or any other
applicable law . The Allottee understand and
agrees that in the event of any failure on
his/herpart to complywiththe applicable

¶216

applicable law . The Apartment Allottee understand and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act, 1999 as amended from time to time. The company accepts no responsibility in this regard. The Apartment Allottee shall keep the Company full indemnified and harmless in this regard. Whenever there is any change in the residential status or the Apartment Allottee subsequent to the signing of this Agreement it shall be the sole responsibility of the Apartment Allottee to intimate the same in writing to the Company immediately and comply with necessary formalities if any under the applicable laws. The Company shall not be responsible towards any third party making payment/remittances on behalf of any Apartment Allottee and such third party shall not have any right in the application/allotment of the said apartment applied for herein in any way and the Company shall be issuing the payment receipts in favour of the Apartment Allottee only.	guidelines issued by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act, 1999 as amended from time to time. The company accepts no responsibility in this regard. The Allottee shall keep the Company full indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to the Company immediately and comply with necessary formalities if any under the applicable laws. The Company shall not be responsible towards any third party making payment/remittances on behalf of any Allottee and such third party shall not have any right in the application/allotment of the said apartment applied for herein in any way and the Company shall be issuing the payment receipts in favour of the Allottee only.
7 Adjustment/Appropriation of Payments The Apartment Allottee authorises the Company to adjust/appropriate all payments made by him/her under any head(s) of dues against outstanding, if any, in his/her name as the Company may in its sole discretion deem fit and the Apartment Allottee undertakes not to object/demand/direct the Company to adjust his payments in any manner otherwise than as decided by the Company in its sole discretion.	Adjustment/Appropriation of Payments The Allottee authorizes the Company to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Company may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Company to adjust his payments in any manner otherwise than as decided by the Company in its sole discretion
. 8 Time is Essence Time is the essence with respect to the Apartment Allottee’s obligations to pay the price of the said Apartment in accordance with the Schedule of Payments as given in AnnexureIIIalong	Time is Essence Time is of essence for the Company as well as the Allottee. The Company shall abide by the time schedule for completing the construction, creating the facilities and handing overtheApartment to theAllottee

applicable law . The Apartment Allottee
understand and agrees that in the event
of any failure on his/her part to comply
with the applicable guidelines issued by
the Reserve Bank of India, he/she shall
be liable for any action under the Foreign
Exchange Management Act, 1999 as
amended from time to time. The company
accepts no responsibility in this regard.
The Apartment Allottee shall keep the
Company full indemnified and harmless in
this regard. Whenever there is any
change in the residential status or the
Apartment Allottee subsequent to the
signing of this Agreement it shall be the
sole responsibility of the Apartment
Allottee to intimate the same in writing to
the Company immediately and comply
with necessary formalities if any under
the applicable laws. The Company shall
not be responsible towards any third party
making payment/remittances on behalf of
any Apartment Allottee and such third
party shall not have any right in the
application/allotment
of
the
said
apartment applied for herein in any way
and the Company shall be issuing the
payment
receipts
in
favour
of
the
Apartment Allottee only.

guidelines issued by the Reserve Bank of
India, he/she shall be liable for any action
under the Foreign Exchange Management
Act, 1999 as amended from time to time.
The company accepts no responsibility in
this regard. The Allottee shall keep the
Company full indemnified and harmless in
this regard. Whenever there is any change
in the residential status of the Allottee
subsequent
to
the
signing
of
this
Agreement, it shall be the sole responsibility
of the Allottee to intimate the same in writing
to the Company immediately and comply
with necessary formalities if any under the
applicable laws. The Company shall not be
responsible towards any third party making
payment/remittances on behalf of any
Allottee and such third party shall not have
any right in the application/allotment of the
said apartment applied for herein in any way
and the Company shall be issuing the
payment receipts in favour of the Allottee
only.

7
Adjustment/Appropriation of Payments
The Apartment Allottee authorises the
Company
to
adjust/appropriate
all
payments made by him/her under any
head(s) of dues against outstanding, if
any, in his/her name as the Company
may in its sole discretion deem fit and the
Apartment Allottee undertakes not to
object/demand/direct the Company to
adjust his payments in any manner
otherwise than as decided by the
Company in its sole discretion.

Adjustment/Appropriation of Payments
The Allottee authorizes the Company to
adjust/appropriate all payments made by
him/her under any head(s) of dues against
lawful outstanding, if any, in his/her name as
the Company may in its sole discretion
deem fit and the Allottee undertakes not to
object/demand/direct the Company to adjust
his payments in any manner otherwise than
as decided by the Company in its sole
discretion

.
8
Time is Essence
Time is the essence with respect to the
Apartment Allottee’s obligations to pay
the price of the said Apartment in
accordance
with
the
Schedule
of
Payments as given in AnnexureIIIalong

Time is Essence
Time is of essence for the Company as well
as the Allottee. The Company shall abide by
the time schedule for completing the
construction, creating the facilities and
handing overtheApartment to theAllottee

¶218

	with other payments such as applicable stamp duty, registration fee, interest bearing maintenance security and other charges, deposits stipulated under this Agreement to be paid on or before due date or as and when demanded by the Company as the case may be and also to perform or observe all the other obligations of the Apartment Allottee under this Agreement. It is clearly agreed and understood by the Apartment Allottee that it shall not be obligatory on the part of the Company to send demand notices/reminders regarding the payments to be made by the Apartment Allottee as per Schedule of Payments (Annexure III) or obligations to be performed by Apartment Allottee. However, in case of any default / delay in the payments b the Appartment Allottees, the Company may take such actions as may be permitted within the scope of this agreement.	after receiving the occupation certificate. Similarly, the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Company. It is clarified that the Allottee shall be liable to make the payment of the installment only after the corresponding construction stage being completed and the cogent and independent evidence of actual work and progress done being provided along with certificate of proof from an independent registered architect about the actual progress of the building (with the actual site photographs. In case the Allottee fails and/or neglects to make timely payments of the installments and defaults in payment for three consecutive installments, the Company shall have the right to cancel the Apartment and forfeit 10% of the sale consideration as provided in Cause 4 and refund the remaining amount to the Allottee without interest within 30 days from the date of termination.
9.1	Construction of the said Building/said Apartment/said Complex The Apartment allottee has seen and accepted the Schedule of Payments, (as given in Annexure III) tentative typical Apartment plans/tentative typical floor plan/tentative layout plan(s)/tentative parking plan (as given in Annexure-VI) tentative specifications (as given in Annexure-V ) which are subject to change at the sole option and discretion of the Company and the Apartment Allottee has accepted and consented to this condition. The construction of the said Building/said Complex and the said Apartment including the materials, equipments, plants and fixtures to be installed therein shall substantially be in accordance with the specifications as given in Annexure V subject to the right of the Company to amend the specificationsinorderto	Construction of the Building/ Apartment/GHS Belaire The Allottee has seen and accepted the Schedule of Payments, (as given in Annexure []), apartment and floor plans, layout plans as represented by the Company to have been approved by the Government agencies (as given in Annexure []) and the specifications of the apartment (as given in Annexure []). The Company will construct the said GHS Belaire in accordance with the said lay out plans, floor plans and specifications. Subject to Clause 1.6, the Company undertakes to strictly abide by such plans approved by the Government agencies and as shown in the Annexure(s) attached herewith and shall also strictly abide by the bye-laws, FAR and density norms and provisions prescribed by the Haryana Development and Regulation of Urban Area Act 1975, Haryana

¶220

substitute materials, plans and equipment or fixtures of similar quality or subject to any direction from competent authority or due to force majure conditions or reasons beyond control of the company and the Apartment allottee hereby agrees to this condition. The Apartment Allottee has further authorised the Company to carry out, on his/her behalf, such additions, alterations, deletions and modifications in the building plans, floor plans, Apartment plans, change in specification etc. including the number of Apartments/floors as the company may consider necessary or as directed by any competent authority while sanctioning the building/layout plans or at any time thereafter till the grant of an occupation certification. The Company may increase the proposed number of floors in the said building and shall be seeking necessary approvals for the same. The Apartment Allottee hereby agrees that the Company is fully entitled to increase the number of floors in the said building and/or the height of the said building and the apartment allottee has no objection to the same. In case the Company is able to obtain the necessary approvals for increasing the number of floors and /or increase the height of the said building then in such case, the company shall inform the Apartment allottee about whether the Apartment allottee wishes to move to a higher floor. If the Apartment Allottee conveys his desire to shift to a higher floor, the same may be permitted by the Company at its sole discretion. The Apartment allottee shall not claim any reduction in price of his Apartment due to increase in the number of floors in the said building. Accordingly, his application and this Agreement shall stand modified to this effect. The intimation of option to shift to a higher floor will be given to all the Apartment Allottees by way of a written notice. The issuance of the occupation certificate for the building/complex shall be the conclusive evidence (issue for the said building or for the said complex as

¶223

	the case may be) that the building/complex and the said Apartment have been fully completed in accordance with the plans and specifications as annexed to this Agreement or any modifications thereof and the Apartment allottee agrees that upon issue of occupation certificate he/she shall not make any claim against the Company in respect of any item of work in the said apartment which may be alleged not to have been carried out or completed or in respect of any design, specifications, building materials used or for any other reason whatsoever. A copy of the tentative typical Apartment plans, tentative typical floor plan, tentative parking plan is attached to this Agreement asAnnexureVI.
9.2	Major Alteration/Modification	To be deleted
	In case of any major alteration/modifications resulting in +/- 10% change in the super area of the said Apartment or material/substantial change, in the sole opinion of and as determined by the Company, in the specifications of the materials to be used in the said Building/said Apartment any time prior to and upon the grant of occupation certificate, the Company shall intimate the Apartment Allottee in writing the changes thereof and the resultant change, if any, in the price of the said Apartment to be paid by him/her and the apartment allottee agrees to deliver to the company his/her written consent or objections to the changes within thirty (30) days from the date of dispatch by the company of such notice failing which the apartment allottee shall be deemed to have given his/her full and unconditional consent to all such alterations/modifications and for payments, if any to be paid in consequence thereof. It the written notice of Apartment Allottee is received by the company within thirty (30) days of intimation in writing by the Company indicating his/her non-consent/objections to such alterations/modifications as

¶225

	intimated by the company to the Apartment allottee then in such case alone the Company may at its sole option and discretion decide to cancel this agreement without further notice and in such event the company shall refund the entire money received from the Apartment Allottee with interest @9% per annum within ninety (90) days from the date of intimation received by the Company from the Apartment allottee and upon dispatch of such refund by registered post, the company shall be released and discharged from all its obligations and liabilities under this Agreement and the Apartment allottee agrees and authorises the company to resell or deal with the said apartment and the parking space thereafter in any manner whatsoever at the company’s sole discretion.
10.1	Schedule for Possession of the said Apartment The Company based on its present plans and estimates and subject to all just exceptions, contemplates to complete construction of the said Building/said Apartment within a period of three (03) years from the date of execution of this Agreement unless there shall be delay or there shall be failure due to reasons mentioned in Clauses (11.1), (11.2), (11.3) and Clause (39) or due to failure of Apartment Allottee(s) to pay in time the price of the said Apartment alongwith other charges and dues in accordance with the schedule of payments given in Annexure III or as per the demands raised by the Company from time to time or any failure on the part of the Apartment Allottee(s) to abide by all or any of the terms or conditions of this Agreement.	Schedule for Possession of the said Apartment The Company agrees and understands that timely delivery of possession is the essence of the Agreement. The Company, based on the approved plans and estimates, assures to hand over possession of the Said Land/ Apartment within a period of 3 years from the date of execution of the Agreement entered into by the Company for the present project (GHS Belaire) unless there is delay or failure due to Force Majeure conditions or circumstances beyond the control of the Company. In case there are any delays, the Company shall keep the Allottee fully informed and communicate new estimated date of possession. If, however, the completion of the Building is delayed due to the Force Majeure conditions then the Allottee agrees that the

¶228

		The Allottee agrees and confirms that, in the event it becomes impossible for the Company to implement the project due to Force Majeure conditions, then this allotment shall stand terminated as if it has been terminated with mutual consent. Then the Company shall refund to the Allottee the entire amount received by the Company from the allotment, alongwith interest @ []%, within 60 days from the date of happening of the Force Majeure conditions. After refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Company and that the Company shall be released and discharged from all its obligations and liabilities under this Agreement.
10.2	Procedure for taking possession The Company, upon obtaining certificate for occupation & use from the competent authority(ies) shall offer in writing to the Apartment Allottee to take over, occupy and use the said Apartment in terms of this Agreement within thirty (30) days from the date of issue of such notice and the Company shall hand over the said Apartment to the Apartment Allottee for his/her occupation and use subject to the Apartment Allottee having complied with all the terms and conditions of this Agreement and is not in default under any of the provisions of this Agreement and has complied with all provisions, formalities, documentation etc. The Apartment Allottee shall be liable to pay the levy of maintenance charges from the date of grant of the occupation certificate more fully described in Clause 14.4 mentioned hereinafter irrespective of the Apartment Allottee taking over possession of the said Apartment at a later	Procedure for taking possession The Company, upon obtaining certificate of occupation and use from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 30 days from the date of issue of such notice and the Company shall give possession of the Apartment to the Allottee. The Company agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Company. The Allottee agree(s) to pay the maintenance charges as determined by the Company/RWA as the case may be.

¶230

10.3	Failure of Apartment Allottee to take Possession Upon receiving a written intimation from the Company in terms of Clause (10.2) above, the Apartment Allottee shall within the time stipulated by the Company in the notice, take over the said Apartment from the Company by executing necessary indemnities, Undertakings, Tripartite Maintenance Agreement and such other documentation as the Company may prescribe and the Company shall after satisfactory execution of such documents and payment by the Apartment Allottee of all the dues under this Agreement permit the Apartment Allottee to occupy and use the said Apartment. If the Apartment Allottee fails to take over the Apartment as aforesaid within the time limit prescribed by the Company in its notice, then the said Apartment shall lie at the risk and cost of the Apartment Allottee and the Company shall have no liability or concern thereof. Further it is agreed by the Apartment Allottee that in the event of his/her failure to take over the said Apartment in the manner as aforesaid, then the company shall have the option to cancel this Agreement and avail the remedies as stipulated in Clause (12) of this Agreement or the Company may, without prejudice to its rights under any of the clauses of this Agreement and at its sole discretion, decide to condone the delay by the Apartment Allottee in taking over the said Apartment in the manner as stated in this clause on the condition that the Apartment Allottee shall be liable to pay to the Company charges @Rs.5/- per sq. ft. of the super area per month for taking delayed possession of the Apartment for the entire period of delay and to withhold conveyance or handing over for occupation and use of the said Apartment till the entire charges/penalty with applicable over due interest., if any, at the rates as prescribed in this agreement are fully paid. It is made clear and the Apartment Allottee agrees that	Failure of Apartment Allottee to take Possession Upon receiving a written intimation from the Company as per Clause 10.2, the Allottee shall, within the time stipulated by the Company in the notice, take possession of the Apartment from the Company by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Company shall give possession of the Apartment along with Common Areas and Facilities to the Allottee. In case the Allottee fails to take possession, such Allottee shall still be liable to pay maintenance charges as prescribes in this Agreement and raised from time to time by the Company/RWA. Further it is agreed by the Allottee that in the event of his/her failure to take over the said Apartment in the manner as aforesaid, then the Company shall have the option to cancel this Agreement. However, before exercising the option of cancelling the Agreement, the Company shall condone the delay by the Allottee in taking over the Apartment on the condition that the Allottee shall be liable to pay to the Company appropriate charges per month for taking delayed possession of the Apartment for the entire period of delay. If the Allottee fails to meet the above mentioned condition within 3 months from the date of the receipt of the written intimation from the Company to take over possession, then the Company may exercise the option of cancelling the Agreement. If the Company elects to cancel this Agreement, the Company shall have the right to retain the earnest money as specified in this Agreement and refund the balance amount to the allottee without interest within 30 days.

¶232

the charges/penalty as stipulated in this clause shall be a distinct charge and payable till such time the said Apartment is put in use by self or on lease and is not related to (but in addition to) maintenance or any other charges as provided in this Agreement. Further the Apartment Allottee agrees that in the event of his/her failure to take over the said Apartment within the time stipulated by the Company in its notice, h/she shall have no right or claim in respect of any item of work in the said Apartment which he/she may allege not to have been carried out or completed or in respect of any design specifications, building materials or any other reason whatsoever and that he/she shall be deemed to have been fully satisfied in all respects concerning construction and all other work relating to the said Apartment/said Building/said Complex.
11.1 Delay due to reasons beyond the control of the Company If, however, the completion of the said Building/said Complex is delayed by reason of non-availability of steel and/or cement or other building materials, or water supply or electric power or slow down, strike or due to dispute with the construction agency(ies) employed by the company, lock-out or civil commotion, by reason of war or enemy action or terrorist action or earthquake or any act of God or if non-delivery for possession is as a result of any Act, Notice, Order, Rule or Notification of the government and /or any other :public or competent authority or due to delay in grant of completion/occupation certificate by any competent authority or if competent authority(ies) refuses, delays, withholds, denies the grant of necessary approvals forthe saidApartment/saidBuilding/said	To be deleted.

the charges/penalty as stipulated in this
clause shall be a distinct charge and
payable till such time the said Apartment
is put in use by self or on lease and is not
related to (but in addition to) maintenance
or any other charges as provided in this
Agreement.
Further
the
Apartment
Allottee agrees that in the event of his/her
failure to take over the said Apartment
within the time stipulated by the Company
in its notice, h/she shall have no right or
claim in respect of any item of work in the
said Apartment which he/she may allege
not to have been carried out or completed
or in respect of any design specifications,
building materials or any other reason
whatsoever and that he/she shall be
deemed to have been fully satisfied in all
respects concerning construction and all
other
work
relating
to
the
said
Apartment/said Building/said Complex.

11.1
Delay due to reasons beyond the control
of the Company
If, however, the completion of the said
Building/said Complex is delayed by
reason of non-availability of steel and/or
cement or other building materials, or
water supply or electric power or slow
down, strike or due to dispute with the
construction agency(ies) employed by the
company, lock-out or civil commotion, by
reason of war or enemy action or terrorist
action or earthquake or any act of God or
if non-delivery for possession is as a
result of any Act, Notice, Order, Rule or
Notification of the government and /or any
other :public or competent authority or
due
to
delay
in
grant
of
completion/occupation certificate by any
competent authority or if competent
authority(ies) refuses, delays, withholds,
denies the grant of necessary approvals
forthe saidApartment/saidBuilding/said

To be deleted.

¶234

plot for any amenities, facilities intended
to be create therein or if any matters,
issues relating to such approvals,
permissions, notices, notifications by the
competent authority(ies) become subject matter of any suit/writ before a competent
court or for any other reasons beyond the
control of the Company then the
Apartment allottee agrees that the
company shall be entitled to the
extension of time for delivery of
possession of the said Apartment. The
company as a result of such a
contingency arising reserves the right to alter or vary the terms and conditions of
this Agreement or if the circumstances
beyond the control of the company so
warrant, the company may suspend the
scheme for such period as it may
consider expedient and the Apartment
allottee agrees not to claim compensation
of any nature whatsoever (including the
compensation stipulated in Clause 11.4) of this Agreement during the period of suspension of the Scheme.
The Apartment allottee confirms that
he/she has authorised the company to
treat this Apartment Buyers’ Agreement
executed by him/her as cancelled in
consequence of the company abandoning
the project the Apartment allottee
confirms that he/she has given
irrevocable authority to the Company that
upon such cancellation/abandonment and subject to A0partment allottee not being in default under this Agreement and to
refund by registered post, the amounts
attributable to the said Apartment (after
deducting interest on delayed payments,
and interest paid, due or payable, any
amount of non-refundable nature) that
have been received from the Apartment
allottee by the company without any
interest or compensation of whatsoever
nature and upon dispatch of such refund
by registered post, the Apartment allottee
agrees that he/she shall not have any
rights, claims etc. against the Company
and that the company shall be released

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	and discharged from all its obligations and liabilities under this Agreement.
11.2	Failure to deliver possession due to Government Rules, Orders, Notifications etc. That if as a result of any law that may be passed by any legislature or Rule, Regulation or order or Notification that may be made and /or issued by the Government or any other Authority including a Municipal Authority, the Company is unable to complete the constructions of the said Apartment/said Building./said Complex, then the Company may, if so advised, though not bound to do so, at its sole discretion challenge the validity, applicability and/or efficacy of such Legislation, Rule, Order or Notification by moving the appropriate Courts, Tribunal(s) and/or Authority. In such a situation, the money(ies) paid by the Apartment Allottee in pursuance of this Agreement, shall continue to remain with the Company and the Apartment Allottee agrees not to move for or to obtain specific performance of the terms of this Agreement, it being specifically agreed that this Agreement shall remain in abeyance till final determination by the Court(s)/Tribunal(s)/Authority(ies). However the Apartment Allottee may, if he/she so desires, become a party along with the Company in such litigation to protect Apartment Allottee’s rights arising under this Agreement. In the event of the Company succeeding in its challenge to the impugned legislation or Rule, Regulation, Order or Notification as the case may be, it is hereby agreed that this Agreement shall stand revived and the Apartment Allottee shall be liable to fulfill all obligations as provided in this Agreement. It is further agreed that in the event of the aforesaid challenge of the Company to the impugned Legislation/Order/Rule/Regulation/Notific ation not succeeding and the said legislation/order/rule/regulation becoming final, absolute and binding, the Company	Failure to deliver possession due to Government Rules, Orders, Notifications etc If the Company is unable to construct/ continue or complete the construction of the GHS Belaire due to any governmental/ regulatory authority's action provided the same is not due to the fault of the Company, then the Company may challenge the same by moving the appropriate courts, tribunal(s) and / or relevant authority. In such a situation, the amounts paid by the Allottee shall continue to remain with the Company. However, in case the Allottee chooses to terminate this Agreement and asks for the refund of all the money paid to the Company, the Company shall refund the entire amount paid by the Allottee to the Company within 30 days from the date of such intimation by the Allottee and thereafter the Allottee shall be left with no other right or claim of whatsoever nature against the Company under or in relation to this Agreement. Alternatively, the Allottee may continue with the Agreement and in such a situation, this Agreement shall remain in abeyance till final determination by the court(s) / tribunal(s) / relevant authority (les). However the Allottee may, if he/she so desires, become a party along with the Company / RWA in such litigation to protect Allottee's rights arising under this Agreement. In the event of Company succeeding in its challenge to the impugned legislation or rule, regulation, order or notification as the case may be, it is hereby agreed that this Agreement shall stand revived and the Company and the Allottee shall be liable to fulfill all obligations as provided in this Agreement. During the period the Agreement is in abeyance, the Company shall deposit the amount paid by the Allottees (who choose to continue with the agreement) in a Bank and the interest accrued on the said amount shall be divided between the Allottees on pro rata basis.

¶238

will, subject to provisions of law/court order, refund to the Apartment Allottee, the amounts attributable to the said Apartment (after deducting interest on delayed payments, and interest paid, due or payable, any amount of non-refundable nature) that have been received from the Apartment Allottee by the Company without any interest or compensation of whatsoever nature within such period and in such manner as may be decided by the Company and the Apartment Allottee agrees to accept the Company’s decision, in this regard to be final and binding. Save as otherwise provided herein, the Apartment Allottee shall not have any other right or claim of whatsoever nature against the Company under or in relation to thisAgreement.
11.3 Failure to deliver Possession by the company: remedy to Apartment Allottee If for any reasons other than those given in Clauses (11.1.), (11.2) supra and Clause (39), the company shall be unable to or fails to deliver possession of the said Apartment to the Apartment Allotttee within three (03) years from the date of execution of this Agreement or within any extended period or periods as envisaged under this Agreement, the in such case, the Apartment Allottee shall be entitled to give notice to the Company, within ninety (90) days from the expiry of said period of three (03) years or such extended periods, as the case may be, for terminating this Agreement. In that event the Company shall be at liberty to sell and/or dispose of the said Apartment and the allotted parking space to any other party at such price and upon such terms and conditions as the Company may deem fit without accounting for the sale proceeds thereof to the Apartment Allottee. Thereafter the Company shall within ninety (90) days from the date of full realisation of the sale price after sale of said Apartment and parking space refund to the Apartment Allottee, without anyinterest, the amounts paid byhim/her	To be deleted.

will, subject to provisions of law/court
order, refund to the Apartment Allottee,
the amounts attributable to the said
Apartment (after deducting interest on
delayed payments, and interest paid, due
or payable, any amount of non-refundable
nature) that have been received from the
Apartment Allottee by the Company
without any interest or compensation of
whatsoever nature within such period and
in such manner as may be decided by the
Company and the Apartment Allottee
agrees to accept the Company’s decision,
in this regard to be final and binding.
Save as otherwise provided herein, the
Apartment Allottee shall not have any
other right or claim of whatsoever nature
against the Company under or in relation
to thisAgreement.

11.3
Failure to deliver Possession by the
company: remedy to Apartment Allottee
If for any reasons other than those given
in Clauses (11.1.), (11.2) supra and
Clause (39), the company shall be unable
to or fails to deliver possession of the said
Apartment to the Apartment Allotttee
within three (03) years from the date of
execution of this Agreement or within any
extended period or periods as envisaged
under this Agreement, the in such case,
the Apartment Allottee shall be entitled to
give notice to the Company, within ninety
(90) days from the expiry of said period of
three (03) years or such extended
periods, as the case may be, for
terminating this Agreement. In that event
the Company shall be at liberty to sell
and/or dispose of the said Apartment and
the allotted parking space to any other
party at such price and upon such terms
and conditions as the Company may
deem fit without accounting for the sale
proceeds
thereof
to
the
Apartment
Allottee. Thereafter the Company shall
within ninety (90) days from the date of
full realisation of the sale price after sale
of said Apartment and parking space
refund to the Apartment Allottee, without
anyinterest, the amounts paid byhim/her

To be deleted.

¶240

in respect of the said Apartment and the parking space without deduction of earnest money but after deduction of brokerage paid by the Company to the broker/ sales organiser in case the booking is done through a broker/ sales organiser. The Apartment Allottee agrees that he / she shall have no other claim against the Company in respect of the said Apartment and parking space under this Agreement. If the Apartment Allottee fails to exercise his/her right of termination within the time limit as aforestated, by delivery to the Company of a written notice acknowledged by the Company in this regard then he/she shall not be entitled to terminate this Agreement thereafter and he/she shall continue to be bound by the provisions of the this Agreement.
11.4 Failure to deliver Possession : Remedy to the Company The Apartment Allottee agrees that in consequence of the Company abandoning the Scheme or becoming unable to give possession within three (03) years from the date of execution of this Agreement or such extended periods as permitted under this Agreement, the Company shall be entitled to terminate this Agreement whereupon the Company’s liability shall be limited to the refund of the amounts paid by the Apartment Allottee with simple interest @ 9% per annum for the period such amounts were lying with the Company and to pay no other compensation whatsoever.	To be deleted.
However, the Company may, at its sole option and discretion, decide not to terminate this Agreement in which event the Company agrees to pay only to the Apartment Allottee(s) and not to any one else and only in cases other than those provided in Clause (11.1.), (11.2), (11.3) and Clause (39) and subject to the Apartment Allottee not being in default underany termofthisAgreement,

in respect of the said Apartment and the
parking
space
without deduction
of
earnest money but after deduction of
brokerage paid by the Company to the
broker/ sales organiser in case the
booking is done through a broker/ sales
organiser. The Apartment Allottee agrees
that he / she shall have no other claim
against the Company in respect of the
said Apartment and parking space under
this Agreement. If the Apartment Allottee
fails
to
exercise
his/her
right
of
termination within the time limit as
aforestated, by delivery to the Company
of a written notice acknowledged by the
Company in this regard then he/she shall
not
be
entitled
to
terminate
this
Agreement thereafter and he/she shall
continue to be bound by the provisions of
the this Agreement.

11.4
Failure to deliver Possession : Remedy to
the Company
The Apartment Allottee agrees that in
consequence
of
the
Company
abandoning the Scheme or becoming
unable to give possession within three
(03) years from the date of execution of
this Agreement or such extended periods
as permitted under this Agreement, the
Company shall be entitled to terminate
this
Agreement
whereupon
the
Company’s liability shall be limited to the
refund of the amounts paid by the
Apartment Allottee with simple interest @
9% per annum for the period such
amounts were lying with the Company
and to pay no other compensation
whatsoever.

To be deleted.

However, the Company may, at its sole
option and discretion, decide not to
terminate this Agreement in which event
the Company agrees to pay only to the
Apartment Allottee(s) and not to any one
else and only in cases other than those
provided in Clause (11.1.), (11.2), (11.3)
and Clause (39) and subject to the
Apartment Allottee not being in default
underany termofthisAgreement,

¶242

compensation @ Rs.5/- per sq. ft. of the super area of the said Apartment per month for the period of such delay beyond three (03) years or such extended periods as permitted under this Agreement. The adjustment of such compensation shall be done only at the time of conveyancing the said Apartment to the Apartment Allottee first named in thisAgreement andnot earlier.
12 Events of defaults and consequences	Events of defaults and consequences
It is specifically made clear to the apartment allottee that all defaults, breaches and/or non-compliance of any of the terms and conditions of this agreement shall be deemed to be events of defaults liable for consequences stipulated herein. With a view to acquaint the Apartment Allottee, some of the indicative events of defaults are mentioned below which are merely illustrative and are not exhaustive.	Subject to the Force Majeure clause, the Company shall be considered under a condition of Default, if it fails to deliver on any of the following milestones: (i) Company delays the construction and misses two consecutive construction linked milestones and their associated time lines as defined in Annexure []; or (ii) Company changes the specifications of the GHS Belaire
Failure to make payments within the time as stipulated in the Schedule of Payments as given in Annexure III and	in a major manner without the prior written consent of the Allottees; or
failure to pay the stamp duty, legal, registration, any incidental charges, any increases in security including but not limited to interest bearing maintenance security as demanded by the Company, any other charges, deposits for bulk supply of electrical energy, taxes etc. as may be notified by the Company to the Apartment Allottee under the terms of this Agreement, and all other defaults of similar nature. Failure to perform and observe any or all of the Apartment Allottee’s obligations	(iii) Company fails to provide ready to move in possession of the apartment to the Allottee within the time period specified. For the purpose of this clause,'ready to _move in possession'_shall mean that the apartment shall be in a habitable condition which is complete in all respects. In case of Default by Company under the conditions listed above, Allottee is entitled to the following:
including those contained in {12(i)] above as set forth in this Agreement or if the Apartment Allottee fails to execute any other	(i) Stop making any more payments to Company as demanded by the Company. If the Allottee stops making payments, the Company
deed/document/Undertakings/indemnities etc. or to perform any other obligation, if	shall correct the situation by completing the construction
any, set forth in any other Agreement with	milestones and only thereafter the
the Company in relation to the said Apartment.	Allottee be required to make the next paymentwithout any penal

¶244

Failure to take over the said Apartment for occupation and use within the time stipulated by the Company in its notice. Failure to execute the conveyance deed within the time stipulated by the Company in its notice. Failure to execute Tripartite Maintenance Agreement and/or to pay on or before its due date the maintenance charges, maintenance security deposits, deposits/charges for bulk supply of electrical energy or any increases in respect thereof, as demanded by the Company, its nominee, other Body or Association of Apartment Owners/Association of Condominium, as the case may be Failure, pursuant to a request by the Company, in terms of Clause (28) of this Agreement to become a member of the Association of Apartment Owners of the said Building/said Complex or to pay subscription charges etc. as may be required by the Company or Association of Apartment Owners, as the case may be.	interest or (ii) The Allottee shall have the option of terminating the Agreement in which case the Company shall be immediately liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with simple interest @ []% per annum within 30 days of receiving the termination notice. In case the Allottee issues a letter of termination due to breach alleged by the Allottee on any of the above grounds, the Company shall terminate the Agreement in accordance with the condition stipulated above. In case the Company chooses to abandon the project, the Company shall be liable to refund all the money paid by the Apartment Allottee along with interest of []% p.a.
Assignment of this Agreement or any interest of the Apartment Allottee in this Agreement without prior written consent of the Company.
Dishnour of any cheque(s) given by Apartment Allottee for any reason whatsoever.
Sale/transfer/disposal of/dealing with, in any manner, the parking space independent of the said Apartment or usage of the parking space other than for parking his / her vehicle.
Any other acts, deeds or things which the Apartment Allottee may commit, omit or fail to perform in terms of this Agreement, any other undertaking,

¶246

affidavit/agreement/indemnity etc. or as demanded by the Company which in the
opinion of the Company amounts to an event of default and the Apartment
Allottee agrees and confirms that the
decision of the Company in this regard
shall be final and binding on the
Apartment Allottee.
Upon the occurrence of any one or more
of event(s) of default under this
Agreement including but not limited to
those specified above, the Company
may, at its sole discretion decide, by
notice to the Apartment Allottee, to cancel
this Agreement. If the Company elects to
cancel this Agreement, the Apartment
Allottee shall have thirty (30) days from
the date of issue of notice of cancellation
by the Company to rectify the default as
specified in that notice. The Apartment Allottee agrees that if the default is not
rectified within such thirty (30) days, this
Agreement shall be liable to be
cancelled/cancelled without any further
notice and the Company shall have the right to retain, as and for liquidated
damages, the entire earnest money as
specified in this Agreement along with the
interest on delayed payments, any
interest paid, due or payable, any other
amount of a non-refundable nature. The
Apartment Allottee agrees that upon such
cancellation of this Agreement, the
Company will be released and discharged
of all liabilities and obligations under this
Agreement and the Apartment Allottee
hereby authorises the Company that the
said Apartment and the car parking space
may be sold to any other party by the
Company or dealt in any other manner as the Company may in its sole discretion
deem fit as if this Agreement had never
been executed and without accounting to
the Apartment Allottee for any of the
proceeds of such sale. In the event of the
Company electing to cancel this
Agreement, any amount which is found to
be refundable to the Apartment Allottee
over and above the amounts retained as

¶248

and for liquidated damages such as the earnest money, interest on delayed payments, any interest paid, due or payable, any other amount of nonrefundable nature, brokerage, if any, paid, etc. shall be refunded by the Company only after realizing such refundable amount on further sale/resale to any other party and shall be refunded without any interest or compensation of whatsoever nature and upon such cancellation and refund by the Company by registered post, the Apartment Allottee shall be left with no right title, interest, claim or lien over the said Apartment and the car parking space in any manner whatsoever. 13 Conveyance of the said Apartment Conveyance of the said Apartment The company, its associates companies, The Company, on receipt of complete its subsidiary companies as stated earlier justified and legal due amount under the shall prepare and execute along with the said Agreement from the Allottee, shall Apartment Allottee a conveyance deed to execute a conveyance deed and convey the convey the title of the said Apartment in title of the Apartment together with favour of Apartment Allottee but only after proportionate indivisible rights in the receiving full payment of the total price of Common Areas and Facilities in the GHs the Apartment and the parking space Belaire within 30 days from the date of filing allotted to him/her and payment of all of Deed of Declaration. securities including interest bearing maintenance security, deposits and However, in case the Allottee fails to deposit charges for bulk supply of electrical the stamp duty, registration charges and all energy, interest, penal interest etc. on other incidental and legal expenses etc. so delayed installments stamp duty, demanded within the period mentioned in registration charges, incidental expenses the demand letter, the Allottee authorises for registration, legal expenses, for the Company to withhold registration of the registration and all other dues as set forth conveyance deed in his/her favour till full in this Agreement or as demanded by the and final settlement of all dues and stamp Company from time to time prior to the duty and registration charges to the execution of the Conveyance Deed. In Company is made by the Allottee. case the Apartment Allottee fails to deposit the stamp duty, registration The Allottee shall be solely responsible and charges and all other incidental and legal liable for compliance of the provisions of expenses etc. so demanded within the Indian Stamp Act, 1899 including any period mentioned in the demand letter, actions taken or deficiencies/penalties the Company shall be free to appropriate imposed by the competent authority(ies). the part of sale price paid by the Apartment Allottee towards the said charges and expenses and the Apartment Allottee shall forth with deposit the shortfall in the sale price so caused together with interest for the period of

¶250

	delay in depositing the sale price so appropriated according to payment plan at the rate and in the manner mentioned in the Schedule of Payment (Annexure III) hereof. If the Apartment Allottee is in default of any of the payments as set forth in this Agreement then the Apartment Allottee authorises the Company to withhold registration of the Conveyance Deed in his/her favour till full and final settlement of all dues to the Company is made by the Apartment Allottee. The Apartment Allottee undertakes to execute conveyance Deed within the time stipulated by the Company in its written notice failing which the Apartment Allottee authorises the Company to cancel the allotment and terminate this Agreement in terms of Clause (12) of this Agreement and to forfeit out of the amounts paid by him/her the earnest money, delayed payment interest, any interest paid, due or payable, any other amount of a non- refundable nature and to refund the balance amount without any interest in the manner prescribed in Clause (12) Supra. The Apartment Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies/penalties imposed by the competent authority(ies).
14.1*	Maintenance of the said Building. said Complex/ said Apartment	Maintenance of the said Building/Complex/ Apartment
	In order to provide necessary maintenance services, dedicated focus and transparency in accounting and audit procedures the Company shall, upon the completion of the said Building. said Complex, hand over the maintenance of the said Building/said Complex to the Association of Apartment Allottees or such other agency/ body/ company/ association of condominium (hereafter referred to as “maintenance agency”) as the Company in its sole discretion may deem fit. The Apartment Allottee if so directed by theMaintenanceAgency/ the	The Company shall be responsible to maintain the GHS Belaire till the receipt of the occupation certificate or the date of allotment whichever is later. Cost of such maintenance has been included in the Total Price of the Apartment. However, after the receipt of the occupation certificate or date of allotment whichever is later and until the time the GHS Belaire is handed over to the RWA as provided for in latter part of this clause, the Company shall be responsible for maintenance of the GHS Belaire andforsuchpurposemay charge

¶252

Company at its sole discretion hereby the Allottee reasonable maintenance agrees to execute Tripartite Maintenance charges. Agreement (draft given in Annexure VII to this Agreement) with the Maintenance As per the provisions of the Apartment Act, Agency or any other nominee/ agency or the Company shall handover the other body/ association of apartment maintenance of the GHS Belaire in all owners as may be appointed by the respects to a legally constituted association Company from time to time for the of apartment owners (hereinafter referred to maintenance and upkeep of the said as the “ RWA ”) on the date of filing of the portion of land/ the said Building/ the said Deed of Declaration and shall give an Complex. This Agreement shall not be undertaking and affidavit to that effect in deemed to be executed till the draft favor of the RWA. Tripartite Maintenance Agreement is signed and returned with this agreement. The Allottee undertakes to pay maintenance The Apartment allottee further undertakes charges at a rate to be determined by the to abide by the terms and conditions of RWA for each Apartment and proportionate the Tripartite Maintenance Agreement undivided share in the Common Areas and and to pay promptly all the demands, Facilities. The entire Common Areas and bills, charges as may be raised by the Facilities (as listed in Annexure []) shall be maintenance agency from time to time. available for use and ownership by the The company reserves the right to Allottee subject to timely payment of change modify, amend, impose additional maintenance charges to the RWA. The conditions in the Tripartite Maintenance Allottees agree that in the event of failure to Agreement at the time of its final pay maintenance charges on or before due execution. The maintenance charges date as demanded by RWA, he/she shall shall become applicable/ payable from not have the right to use such Common the date the maintenance agency Areas and Facilities commences the maintenance of the said complex/said building after the company The Company shall be responsible for has received the Occupation paying the maintenance charges for the Certificate/the date of allotment unsold, unoccupied Apartments once the whichever is later. maintenance charges are made applicable by the RWA. It is further clarified that the company may at its sole discretion hand over the In order to provide necessary maintenance maintenance of the said Building/said services till the GHS Belaire is handed over Complex to anybody/association of to the RWA, dedicated focus and apartment owners of the said transparency in accounting and audit Complex/said Building including but not procedures the Company shall hand over limited to any body/association of the maintenance of the Building/GHS condominium or the said complex, as the Belaire to such other agency/ body/ case may be at any time before/after the company (hereafter referred to as construction of the said Building/said “ Maintenance Agency ”) as the Company in Complex is complete either for each its sole discretion may deem fit. The Allottee building or for the entire complex and the if so directed by the Maintenance Agency/ Apartment Allottee specifically confirms the Company at its sole discretion hereby his consent to this proposal. It is further agrees to execute Tripartite Maintenance specifically clarified that the Draft Agreement (draft given in Annexure [] to this Tripartite Maintenance Agreement, set Agreement) with the Maintenance Agency out at Annexure VII to this Agreement is or any other nominee/ agency or other body

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	merely an indicative agreement that is proposed to be entered into with the Apartment Allottee for maintenance and upkeep of the said Building/said Complex, however, if at any time, after having taken over the said Building/said Complex, the said association of apartment owners, condominium of association decides to modify, alter, add, delete any one or more of the terms and conditions of the Draft Tripartite Maintenance Agreement, the Apartment Allottee shall not have any objection to the same and shall execute the Tripartite Maintenance Agreement as may be required by the said Maintenance Agency or Association of Apartment Owners or Association of Condominium or its nominees or assigns. The payment of maintenance charges will be applicable whether or not possession is taken by the Apartment Allottee.	as may be appointed by the Company from time to time for the maintenance and upkeep of the GHS Belaire. This Agreement shall not be deemed to be executed till the draft Tripartite Maintenance Agreement is signed and returned with this agreement. The Allottee further undertakes to abide by the terms and conditions of the Tripartite Maintenance Agreement and to pay promptly all the demands, bills, charges as may be raised by the Maintenance Agency from time to time. The Company reserves the right to change modify, amend, impose additional conditions in the Tripartite Maintenance Agreement at the time of its final execution. The maintenance charges shall become applicable/ payable from the date the Maintenance Agency commences the maintenance of the said complex/said building after the company has received the occupation certificate/the date of allotment whichever is later. It is further specifically clarified that the Draft Tripartite Maintenance Agreement, set out at Annexure [] to this Agreement is merely an indicative agreement that is proposed to be entered into with the Allottee for maintenance and upkeep of the Building/said complex. However, if at any time, after having taken over the GHS Belaire, the RWA decides to modify, alter, add, delete any one or more of the terms and conditions of the Draft Tripartite Maintenance Agreement or cancel the Agreement, it may do so. The payment of maintenance charges will be applicable whether or not possession is taken by the Allottee.
14.2	Interest Bearing Maintenance Security (IBMS) In order to secure adequate provision of the maintenance services and due performance of the Apartment Allottee in paying promptly the maintenance bills and other charges as raised by the maintenance agency, the Apartment	Interest Bearing Maintenance Security (IBMS) In order to secure adequate provision of the maintenance services and due performance of the Allottee in paying promptly the maintenance bills and other charges, the Allottee agrees to deposit, as per the schedule ofpayment given in Annexure []

¶261

before its due date, then the Apartment Allottee authorises the Company to treat this Agreement as cancelled without any notice to the Apartment Allottee and to recover the shortfall from the sale proceeds of the said Apartment and the parking space and to refund to the Apartment Allottee the balance of the money realized from such sale after deducting there from the entire earnest money, interest on delayed payments, any interest paid, due or payable and all other dues as set out in this Agreement. It is made specifically clear and it is so agreed by and between the parties hereto that this part of the Agreement relating to interest bearing maintenance security as stipulated in this clause shall survive the conveyance of title in favour of the Apartment Allottee and the Company/ the maintenance agency shall have first charge/ lien on the said Apartment in respect of any such non-payment of shortfall/ increases as the case may be.	security will be transferred in favour of the RWA as soon as the GHS Belaire is handed over to the RWA.
The Company shall at its sole discretion have the right to refund/ offer to refund at its sole option in full and final settlement of the IMBS, after adjusting therefrom any outstanding maintenance bills and/ or other outgoings of the Apartment Allottee at any time including upon execution of the conveyance deed and thereupon the Company shall stand completely absolved/ discharged of all its obligations and responsibilities concerning the IBMS, including but not limited to issues of repayment, refund and/ or claims, if any, of the Apartment Allottee on account of the same. In the alternative, the Company shall have the sole right to transfer to the Maintenance Agency the IBMS of the Apartment Allottee, after adjusting therefrom any outstanding maintenance bills and/ or other outgoings of the Apartment Allottee at any time including upon execution of the
conveyance deed and thereupon the Company shall stand completely

before its due date, then the Apartment
Allottee authorises the Company to treat
this Agreement as cancelled without any
notice to the Apartment Allottee and to
recover the shortfall from the sale
proceeds of the said Apartment and the
parking space and to refund to the
Apartment Allottee the balance of the
money realized from such sale after
deducting there from the entire earnest
money, interest on delayed payments,
any interest paid, due or payable and all
other dues as set out in this Agreement.
It is made specifically clear and it is so
agreed by and between the parties hereto
that this part of the Agreement relating to
interest bearing maintenance security as
stipulated in this clause shall survive the
conveyance of title in favour of the
Apartment Allottee and the Company/ the
maintenance agency shall have first
charge/ lien on the said Apartment in
respect of any such non-payment of
shortfall/ increases as the case may be.

security will be transferred in favour of the
RWA as soon as the GHS Belaire is handed
over to the RWA.

The Company shall at its sole discretion
have the right to refund/ offer to refund at
its sole option in full and final settlement
of the IMBS, after adjusting therefrom any
outstanding maintenance bills and/ or
other outgoings of the Apartment Allottee
at any time including upon execution of
the conveyance deed and thereupon the
Company
shall
stand
completely
absolved/ discharged of all its obligations
and responsibilities concerning the IBMS,
including but not limited to issues of
repayment, refund and/ or claims, if any,
of the Apartment Allottee on account of
the same. In the alternative, the
Company shall have the sole right to
transfer to the Maintenance Agency the
IBMS of the Apartment Allottee, after
adjusting
therefrom
any
outstanding
maintenance bills and/ or other outgoings
of the Apartment Allottee at any time
including
upon
execution
of
the

conveyance deed and thereupon the
Company
shall
stand
completely

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absolved/ discharged of all its obligations and responsibilities concerning the IBMS including but not limited to issues of repayment, refund and/ or claims, if any, of the Apartment Allottee on account of the same and all clauses dealing/ concerning the IBMS of this Agreement
and the Conveyance Deed as far as they
are applicable to the Company shall
cease to be valid and effective. It is
hereby specifically agreed to by the Apartment Allottee that such transfer of IBMS shall not be linked in any manner
whatsoever to the implementation of the
haryana Apartment Ownership Act, 1983
by the Company for the said Complex.
That the Maintenance Agency/
Association of Apartment Owners, upon
transfer of the IBMS or in case fresh
IBMS is sought from the Apartment
Allottee(s) as stipulated hereinabove,
reserves the sole right to modify/ revise
all or any of the terms of the IBMS,
Tripertite Maintenance Agreement,
including but not limited to the amount/
rate of IBMS etc.
The Apartment Allottee has specifically
agreed with the Company that the
Allotment of the said apartment shall be
subject to strict compliance of a Code of
Conduct that may be determined by the
Company/ Association of apartment
allottees for occupation and use of the
said apartment and such other conditions
as the Company/Association of apartment
allottees may deem fit from time to time
which may include but not limited to
usage of the said apartment, operation
hours of various maintenance services,
general compliances for occupants of the
said apartment, regulation as to entry/
exit of the visitors, invitees, guests,
security, interiors/ fitouts, etc. It is
abundantly clarified that the Code of
Conduct as may be specified by the
Company/ Association of Apartment
Allottees is always subject to change by
the Company/ association of apartment allottees,

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14.3 Payment of deposits & charges for bulk supply of Electrical Energy	Payment of deposits & charges for bulk supply of Electrical Energy
If the Company or the maintenance agency decides to apply for and thereafter receives permission, from Dakshin Haryana Bijli Vitran Nigam Ltd. (DHBVN) or from any other body/ Commission/ Regulatory/ Licensing Authority constituted by the Government of Haryana for such purpose, to receive and distribute bulk supply of electrical energy in the said Complex, then the Apartment Allottee undertakes to pay on demand to the Company proportionate share as determined by the Company of all deposits and charges paid/ payable by the Company or the maintenance agency to DHBVN/ any other Body/ Commission/ Regulatory/ Licensing Authority constituted by the Government of Haryana, failing which the same shall be treated as unpaid portion of the total price payable by the Apartment Allottee for the said Apartment and the conveyance of the said Apartment shall be withheld by the Company till full payment thereof is received by the Company from the Apartment Allottee. Proportionate share of cost incurred by the company for creating infrastructure like HT Feeder, EHT Sub station etc. shall also be payable by apartment allottee on demand. Further the Apartment Allottee agrees that the Company shall entitled in terms of the Tripartite Maintenance Agreement (draft given in Annexure VII) to withhold electricity supply to the said Apartment till full payment of such deposits and charges is received by the Company or the maintenance agency. Further in case of bulk supply of electrical energy, the Apartment Allottee agrees to abide by all the conditions of sanction of bulk supply including but not limited to waiver of the Apartment Allottee’s rights to apply for individual/ direct electrical supply connection directly from DHBVN orany otherbodyresponsibleforsupply	If the Company or the Maintenance Agency decides to apply for and thereafter receives permission, from Dakshin Haryana Bijli Vitran Nigam Ltd. (DHBVN) or from any other body/ commission/ regulatory/ licensing authority constituted by the Government of Haryana for such purpose, to receive and distribute bulk supply of electrical energy in the GHS Belaire, then the Allottee undertakes to pay on demand to the Company proportionate share as determined by the Company of all deposits and charges paid/ payable by the Company or the Maintenance Agency to DHBVN/ any other body/ commission/ regulatory/ licensing authority constituted by the Government of Haryana, failing which the same shall be treated as unpaid portion of the Total Price payable by the Allottee for the Apartment and the conveyance of the Apartment shall be withheld by the Company till full payment thereof is received by the Company from the Allottee. Proportionate share of cost incurred by the company for creating infrastructure like HT Feeder, EHT Sub station etc. shall also be payable by Allottee on demand. Further the Allottee agrees that the Company shall entitled in terms of the Tripartite Maintenance Agreement (draft given in Annexure []) to withhold electricity supply to the Apartment till full payment of such deposits and charges is received by the Company or the Maintenance Agency. Further in case of bulk supply of electrical energy, the Allottee agrees to abide by all the conditions of sanction of bulk supply, including but not limited to waiver of the Allottee’s rights to apply for individual/ direct electrical supply connection directly from DHBVN or any other body responsible for supply of electrical energy. An Undertaking in this regard executed by the Allottee is attached as Annexure [] to this Agreement. The Allottees agrees to pay any increase in the deposits, chargesforbulksupply, of

14.3
Payment of deposits & charges for bulk
supply of Electrical Energy

Payment of deposits & charges for bulk
supply of Electrical Energy

If the Company or the maintenance
agency
decides
to
apply
for
and
thereafter
receives
permission,
from
Dakshin Haryana Bijli Vitran Nigam Ltd.
(DHBVN) or from any other body/
Commission/
Regulatory/
Licensing
Authority constituted by the Government
of Haryana for such purpose, to receive
and distribute bulk supply of electrical
energy in the said Complex, then the
Apartment Allottee undertakes to pay on
demand to the Company proportionate
share as determined by the Company of
all deposits and charges paid/ payable by
the Company or the maintenance agency
to DHBVN/ any other Body/ Commission/
Regulatory/
Licensing
Authority
constituted
by
the
Government
of
Haryana, failing which the same shall be
treated as unpaid portion of the total price
payable by the Apartment Allottee for the
said Apartment and the conveyance of
the said Apartment shall be withheld by
the Company till full payment thereof is
received by the Company from the
Apartment Allottee. Proportionate share
of cost incurred by the company for
creating infrastructure like HT Feeder,
EHT Sub station etc. shall also be
payable
by
apartment
allottee
on
demand. Further the Apartment Allottee
agrees that the Company shall entitled in
terms of the Tripartite Maintenance
Agreement (draft given in Annexure VII)
to withhold electricity supply to the said
Apartment till full payment of such
deposits and charges is received by the
Company or the maintenance agency.
Further in case of bulk supply of electrical
energy, the Apartment Allottee agrees to
abide by all the conditions of sanction of
bulk supply including but not limited to
waiver of the Apartment Allottee’s rights
to apply for individual/ direct electrical
supply connection directly from DHBVN
orany otherbodyresponsibleforsupply

If the Company or the Maintenance Agency
decides to apply for and thereafter receives
permission, from Dakshin Haryana Bijli
Vitran Nigam Ltd. (DHBVN) or from any
other
body/
commission/
regulatory/
licensing
authority
constituted
by
the
Government of Haryana for such purpose,
to receive and distribute bulk supply of
electrical energy in the GHS Belaire, then
the Allottee undertakes to pay on demand to
the
Company
proportionate
share
as
determined by the Company of all deposits
and charges paid/ payable by the Company
or the Maintenance Agency to DHBVN/ any
other
body/
commission/
regulatory/
licensing
authority
constituted
by
the
Government of Haryana, failing which the
same shall be treated as unpaid portion of
the Total Price payable by the Allottee for
the Apartment and the conveyance of the
Apartment
shall
be
withheld
by
the
Company till full payment thereof is received
by
the
Company
from
the
Allottee.
Proportionate share of cost incurred by the
company for creating infrastructure like HT
Feeder, EHT Sub station etc. shall also be
payable by Allottee on demand. Further the
Allottee agrees that the Company shall
entitled
in
terms
of
the
Tripartite
Maintenance Agreement (draft given in
Annexure []) to withhold electricity supply to
the Apartment till full payment of such
deposits and charges is received by the
Company or the Maintenance Agency.
Further in case of bulk supply of electrical
energy, the Allottee agrees to abide by all
the conditions of sanction of bulk supply,
including but not limited to waiver of the
Allottee’s rights to apply for individual/ direct
electrical supply connection directly from
DHBVN or any other body responsible for
supply of electrical energy. An Undertaking
in this regard executed by the Allottee is
attached as Annexure [] to this Agreement.
The Allottees agrees to pay any increase in
the deposits, chargesforbulksupply, of

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	of electrical energy. An Undertaking in this regard executed by the Apartment Allottee is attached as Annexure IX to this Agreement. The Apartment Allottees agrees to pay any increase in the deposits, charges for bulk supply of electrical energy as may be demanded by the Company from time to time.	electrical energy as may be demanded by the Company from time to time.
14.4	Fixation of total Maintenance Charges The total maintenance charges as more elaborately described in the Tripartite Maintenance Agreement (draft given in Annexure VII) will be fixed by the maintenance agency on an estimated basis of the maintenance costs to be incurred for the forthcoming financial year. Maintenance charges shall be levied from the date of issue of occupation certificate and the Apartment Allottee undertakes to pay the same promptly. It is agreed by the Apartment Allottee that the payment of maintenance charges will be applicable whether or not the possession is taken by the Apartment Allottee. The estimates of the maintenance agency shall be final and binding on the Apartment Allottee. The maintenance charges shall be recovered on such estimated basis on monthly/ quarterly intervals as may be decided by the maintenance agency and adjusted against the actual audited expenses as determined at the end of the financial year and any surplus/deficit thereof shall be carried forward and adjusted in the maintenance bills of the subsequent financial year. The apartment Allottee agrees and undertakes to pay the maintenance bills on or before due date as intimated by the maintenance agency. The Apartments excluding toilets and utility/servant room are proposed to be provided with chilled water for air conditioning for a capacity equivalent to as mentioned in table below through central air conditioning plant(s) located in the service areas of The Belaire at a	Fixation of total Maintenance Charges The total maintenance charges, as more elaborately described in the Tripartite Maintenance Agreement (draft given in Annexure []), will be fixed by the Maintenance Agency on an estimated basis of the maintenance costs to be incurred for the forthcoming financial year. It is agreed by the Allottee that the payment of maintenance charges will be applicable whether or not the possession is taken by the Allottee. The estimates of the Maintenance Agency shall be final and binding on the Allottee. The maintenance charges shall be recovered on such estimated basis on monthly/ quarterly intervals as may be decided by the Maintenance Agency and adjusted against the actual audited expenses as determined at the end of the financial year and any surplus/deficit thereof shall be carried forward and adjusted in the maintenance bills of the subsequent financial year. The Allottee agrees and undertakes to pay the maintenance bills on or before due date as intimated by the maintenance agency. The Apartments, excluding toilets and utility/servant room, are proposed to be provided with chilled water for air conditioning for a capacity equivalent to as mentioned in table below through central air conditioning plant(s) located in the service areas of the GHS Belaire at a suitable diversity of 60%. Passive cooling will be done in toilets by means of exhausting cool- air.

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The Apartment Allottee undertakes to pay fixed and other charges for the central airat a rate to be determined by the conditioning plant(s) which may form a part company/ association of apartment of the maintenance charges of the GHS allottee/ maintenance agency for the Belaire or may be billed separately by the utilization of the chilled water through Company/the Maintenance Agency at its/ BTU meters installed by the Company for their sole discretion. each apartment and further agrees to pay the fixed and other charges for the central air-conditioning plant(s) which may form a part of the maintenance charges of The Belaire or may be billed separately by the Company/ association of the apartment allottees/ the Maintenance Agency at its/ their sole discretion. 14.5 Payment for replacement, upgradation, Payment for replacement, up gradation, additions of Lifts, DG Sets, Electric Subadditions of Lifts, DG Sets, Electric Substations, Pumps, Fire Fighting Equipment stations, Pumps, Fire Fighting Equipment and other Capital Plants/ Equipments. and other Capital Plants/ Equipments. That as and when any Plant & Machinery As and when any plant & machinery within within the said Complex/ said Building/ the GHS Belaire, as the case may be, within Zone 8, as the case may be, including but not limited to lifts, DG sets, including but not limited to lifts, DG sets, electric sub-stations, pumps, firefighting electric sub-stations, pumps, fire fighting equipment, any other plant / equipment of equipment, any other plant/ equipment of capital nature etc. require replacement, capital nature etc. require replacement, upgradation, additions etc. the cost thereof upgradation, additions etc. the cost shall be borne by the Company till the date thereof shall be contributed by all the of handing over the maintenance of the Apartment Allottees in the said Building/ GHS Belaire to the RWA. After the RWA said Complex/ Zone 8, as the case may takes over the maintenance of the GHS be on pro-rata basis (i.e. in proportion to Belaire, all the Allottees in the GHS Belaire, the super area of the said Apartment to as the case may be on pro-rata basis as the total super area of all the Apartments specified in Clause 38, contribute towards

¶273

	in the said Building/ said Complex, as the case may be). The Company or the maintenance agency shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the Apartment Allottee agrees to abide by the same. The modifications made by the Informant may be accepted as the payments to be borne by the RWA after maintenance is handed over.	the replacement, upgradation, additions etc. including its timings or cost thereof as and when demanded by the RWA.
14.6	Right of Apartment Allottee to use common areas and facilities subject to payment of total maintenance charges The Apartment Allottee hereby agrees to purchase the said Apartment on the specific understanding that his/her right to the use of common areas and facilities within the said Building/ said Complex as listed in Part A and Part B of Annexure IV and right to exclusive use of covered/ Open parking spaces as listed in Part D of Annexure IV shall be subject to timely payment of total Maintenance Charges as billed by the maintenance agency and performance by the Apartment Allottee of all his/ her obligations under this Agreement and the tripartite Maintenance Agreement. If the maintenance charges are not paid by the Apartment Allottee regularly and on or before its due date, then the Apartment Allottee agrees that he/ she shall have no right to use such common areas and facilities. But so long as the maintenance charges and all payments envisaged under these presents are regularly paid, on or before due date and convenants are observed, the Apartment Allottee shall be entitled to use such common areas and facilities as listed in Part-A and Part-B of Annexure IV and the exclusive use of parking spaces as listed in Part D of Annexure-IV.	Right of Allottee to use common areas and facilities subject to payment of total maintenance charges The Allottee hereby agrees to purchase the Apartment on the specific understanding that is/her right to the use of Common Areas and Facilities as mentioned in the Annexure(s) and the right to exclusive use of parking spaces shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the Maintenance Agency or the RWA (or the maintenance agency appointed by it) and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by the Maintenance Agency or the RWA from time to time.
14.7	Right to enter the said Apartment for repairs	Right to enter the Apartment for repairs The Company/MaintenanceAgency/RWA

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	In addition to the Company’s and the maintenance agency’s rights of unrestricted usage of all common areas and facilities as listed in Part-A and Part- B of Annexure IV, and parking spaces as listed in Part D of Annexure IV for providing necessary maintenance services, the Apartment Allottee agrees to permit the Company or the maintenance agency to enter into the said Apartment or any part thereof, after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect in the said Apartment or the defects in the Apartment above or below the said Apartment. Any refusal of the Apartment Allottee to give such right to entry will be deemed to be a violation of his Agreement and the Company shall be entitled to take such actions as it may deem fit.	shall have rights of unrestricted access of all Common Areas and Facilities, and parking spaces for providing necessary maintenance services and the Allottee agrees to permit the RWA and/or Maintenance Agency to enter into the Apartment or any part thereof, after due notice and during the normal working' hours, unless the circumstances warrant otherwise, with a view to set right any defect. Any unjustified refusal of the Allottee to give such right to entry will be deemed to be a violation of the maintenance agreement and Company or RWA shall be entitled to take such action as it may deem fit.
14.8	Insurance of the said Building The structure of the said Building may be got insured against fire, earthquake, riots and civil commotion, militant action etc. by the Company or the maintenance agency on behalf of the Apartment Allottees and the the cost thereof shall be payable by Apartment Allottee as the part of the maintenance bill raised by the maintenance agency but contents inside each Apartment shall be insured by the Apartment Allottee at his/ her own cost. The cost of insuring the Building structure shall be recovered from the Apartment Allottee as a part of total maintenance charges and the Apartment Allottee hereby agrees to pay the same. The Apartment Allottee shall not do or permit to be done any act or thing which may render void or voidable insurance of any Apartment or any part of the said Building or cause increased premium to be payable in respect thereof for which the Apartment Allottee shall be solely responsible andliable.	Insurance of the Building The structure of the said Building shall be got insured against fire, earthquake, riots and civil commotion, militant action etc. by the Company on behalf of the Allottees and the cost thereof shall be payable by Allottee as part of the maintenance bill raised by the Company and thereafter the maintenance agency appointed by the RWA. Contents inside each Apartment shall be insured by the Allottee at his/ her own cost. The cost of insuring the Building structure shall be recovered from the Allottee as a part of total maintenance charges and the Allottee hereby agrees to pay the same. The Allottee shall not do or permit to be done any act or thing which may render void or voidable insurance of any Apartment or any part of the Building(s) / GHS Belaire or cause increased premium to be payable in respect thereof for which the Allottee shall be solely responsible and liable
15	Use of Basement and service areas The basement(s) and service areas,if	Use of Basement and Service Areas The basement(s) and service areas,ifany,

¶277

any, as may be located within the said as may be located within the GHS Belaire, Building/ said Complex, as the case may as the case may be, shall be earmarked as be, shall be earmarked by the Company parking spaces and services including but to house parking spaces and services not limited to electric sub-station, including but no limited to Electric Subtransformer, DG set rooms, underground station, Transformer, DG set rooms, water tanks, pump rooms, maintenance and Underground water tanks, Pump rooms, service rooms, fire fighting pumps and Maintenance and Service rooms, Fire equipments etc. and other permitted uses Fighting Pumps and equipments etc. and as per zoning plans/building plans. The other permitted uses as per Zoning Plans/ Allottee shall not be permitted to use the Building Plans. The Apartment Allottee services areas and the basements in any shall not be permitted to use the services manner whatsoever and the same shall be areas in the basements in any manner reserved for use by the RWA formed by the whatsoever and the same shall be Allottees for rendering maintenance reserved for use by the Company or the services. maintenance agency and its employees for rendering maintenance services. Any violation of this condition shall be a breach of this agreement by the Apartment allottee. 16 Use of the said Apartment Use of the said Apartment The Apartment Allottee shall not use the The Allottee shall not use the said said Apartment for any purpose other Apartment for any purpose other than for than for residential use or use the same residential use or use the same in a manner in a manner that may cause nuisance or that may cause nuisance or annoyance to annoyance to occupants of other occupants of other Apartments in the Apartments in the said Building/ said Building/ GHS Belaire or for any commercial Complex or for any commercial or illegal or illegal or immoral purpose or to do or or immoral purpose or to do or suffer suffer anything to be done in or around the anything to be done in or around the said said Apartment which tends to cause Apartment which tends to cause damage damage to any flooring or ceiling or services to any flooring or ceiling or services of of any Apartment over, below, adjacent to any Apartment over, below, adjacent to the Apartment or anywhere in the GHS the said Apartment or anywhere in the Belaire or in any manner interfere with the said Complex or in any manner interfere use thereof or of spaces, passages, with the use thereof or of spaces, corridors or amenities available for common passages, corridors or amenities use. available for common use. The Apartment Allottee hereby agrees/ indemnifies the Company against any penal action, damages or loss due to misuse for which the Apartment Allottee/ occupant shall be solely responsible. If the Apartment Allottee uses or permits the use of the said Apartment for any purpose other than residential, then the Company shall be entitled to treat this Agreement as cancelled and to resume the possession of the said Apartment and

¶279

	the Apartment Allottee has agreed to this condition. The Apartment Allottee specifically agrees that the use for which the apartment is purchased shall not be altered without obtaining prior consent in writing from the Company and any change in the specified use shall be treated as a breach of this Agreement entitling the Company to cancel the allotment and forfeit the entire money deposited by the Agreement Allottee. Thereafter, the Apartment Allottee shall not have any right title or interest in the said Apartment applied herein.
17	Use of terraces The Company reserves the right to give on lease or hire any part of the top roof/terraces above the top floor, unless otherwise reserved specifically, of any of the buildings in the said Complex for installation and operation of antenna, satellite dishes, communication towers, other communication equipment or to use/hire/lease the same for advertisement purposes and the Apartment Allottee agrees that he/ she shall not object to the same and make any claims on this account.	Use of Terrace(s) The Allottees, to the exclusion of the Company, shall have the title to the terrace(s) above the top floor of the Building(s) in the GHS Belaire and the RWA formed by the Allottees shall have the right to use the roof top/terrace(s) above the top floor, for any purpose including installation and operation of antenna, satellite dishes, communication towers, other communication equipment.
18	General compliance with respect to the said Apartment That the Apartment Allottee shall, after the expiry of period as stipulated in Clause (10.2) be solely responsible to maintain the said Apartment at his/ her own cost, in a good repair and condition and shall not do or suffer to be done anything in or to the said Building, or the said Apartment, or the staircases, lifts, common passages, corridors, circulation areas, atrium or the compound which may be in violation of any Laws or Rules of any Authority or change or alter or make additions to the said Apartment and keep the said Apartment, its walls and partitions, sewers, drains, pipes and appurtenances thereto or belonging	General compliance with respect to the Apartment The Allottee shall, after taking possession, be solely responsible to maintain the Apartment at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in or to the Building, or the Apartment, or the staircases, lifts, common passages, corridors, circulation areas, atrium or the compound which may be in violation of any laws or rules of any authority or change or alter or make additions to the Apartment and keep the Apartment, its walls and partitions, sewers, drains, pipe and appurtenances thereto or belonging thereto, in good and tenantable repair and maintain the sameinafit and properconditionand

¶281

thereto, in good and tenantable repair ensure that the support, shelter etc. of the and maintain the same in a fit and proper Building is not in any way damaged or condition and ensure that the support, jeopardized. The Allottee further shelter etc. of the Building or pertaining to undertakes, assures and guarantees that the Building in which the said Apartment he/she would not put any sign-board / is located, is not in any way damaged or name-plate, neon light, publicity material or jeopardized. The Apartment Allottee advertisement material etc. on the face / further undertakes, assures and facade of the Building or anywhere on the guarantees that he/she would not put any exterior of the Building or Common Areas sign board/ name-plate, neon-light, and Facilities. The Allottees shall also not publicity material or advertisement change the colour scheme of the outer walls material etc. on the face/ facade of the or painting of the exterior side of the doors Building or anywhere on the exterior of and windows etc. or carry out any change in the Building or common areas. The the exterior elevation or design. Further the Apartment Allottee shall also not change Allottee shall not store any hazardous or the color scheme of the outer walls or combustible goods in the Apartment or painting of the exterior side of the doors place any heavy material in the common and windows etc. or carry out any change passages or staircase of the Building. The in the exterior elevation or design. Allottee shall also not remove any wall, Further the Apartment Allottee shall not including the outer and load bearing wall of store any hazardous or combustible the Apartment. The Allottee shall plan and goods in the said Apartment or place any distribute its electrical load in conformity heavy material in the common passages with the electrical systems installed by the or staircase of the said Building. The Company and thereafter the RWA and/or Apartment Allottee shall also not remove maintenance agency appointed by RWA. any wall, including load bearing wall of The non-observance of the provisions of this the said Apartment. The Apartment clause shall entitle the RWA, to enter the Allottee shall plan and distribute its Apartment, if necessary and remove all nonelectrical load in conformity with the conforming fittings and fixtures at the cost electrical systems installed by the and expense of the Allottee. The Allottee Company. The Non-observance of the shall be responsible for any loss or provisions of this clause shall entitle the damages arising out of breach of any of the Companyand or the maintenance agency, aforesaid conditions. to enter the Ap[artment, if necessary and remove the non-conforming fittings and fixtures at the cost and expense of the Apartment Allottee. The Apartment Allottee shall be responsible for any loss or damages arising out of breach of any of the aforesaid conditions. 19 Compliance of Laws, Notifications etc. by Compliance of Laws, Notifications etc. by Apartment Allottee Allottee The Apartment Allottee is entering into The Allottee is entering into this Agreement this Agreement for the allotment of a for the allotment of a residential Apartment residential Apartment with the full with the full knowledge of all laws, rules, knowledge of all laws, rules, regulations, regulations, notifications applicable to notifications applicable to Phase V in Phase V in general and this group housing general and this group housing project in project in particular. That the Allottee particular. That the Apartment Allottee hereby undertakes that he/she shall comply

¶283

	hereby undertakes that he/she shall comply with and carry out, from time to time after he/she has taken over for occupation and use the said Apartment all the requirements, requisitions, demands and repairs which are required by any Development Authority/ Municipal Authority/ Government or any other Competent Authority in respect of the said Apartment/ Building at his/ her own cost and keep the Company indemnified, secured and harmless against all costs, consequence and all damages, arising on account of non-compliance with the said requirements, requisitions, demands and repairs	with and carry out, from time to time after he/she has taken over for occupation and use the said Apartment, all the requirements, requisitions, demands and repairs which are required by any development authority/ municipal authority/ Government or any other competent authority in respect of the Apartment/ Building at his/ her own cost and keep the Company indemnified, secured and harmless against all costs, consequence and all damages, arising on account of non- compliance with the said requirements, requisitions, demands and repairs.
20	. Alterations of unsold units The Company shall have right, without any approval from any Apartment Allottee in the said Building to make any alterations, additions, improvements or repairs whether structural or non- structural, interior or exterior, ordinary or extra ordinary in relation to any unsold apartment(s) within the said Building and the Apartment Allottee agrees not to raise objections or make any claims on this account.	Alterations and Maintenance of Unsold Units The Company shall have the right, without any approval from any Allottee to make any alterations, additions, improvements or repairs whether structural or non-structural, interior or exterior, ordinary or extraordinary in relation to any unsold Apartment(s) within the Building and the Allottee shall have no right to raise objections or make any claims on this account. However such alterations must be in accordance with sanctioned/approved lay out plans.
21	Flats/Dwelling Units, School(s), Commercial Premises/ Building, etc. If stipulated in the terms of the Deed of Licence and the bilateral agreement executed between the Company and the Government of Haryana if it is required to earmark a portion of Phase V/ Said Portion of Land, as the case may be, for the construction of flats/ dwelling units for Economically Weaker Sections (EWS) of the society, schools, shops, club/ community centre, Commercial premises/ buildings etc, in such a case, it is a condition of this Agreement agreed to by the Apartment Allottee that he/ she shall have no right, no title or no interest in any formor manner intheland earmarkedfor	To be deleted.

¶285

	as well as in the EWS flats/ dwelling units, school(s), shops, Commercial premises, religious building, club/ community centre, the buildings constructed thereon and facilities provided therein. Further the Apartment Allottee hereby agrees that he/ she shall not have any claim or right to any Commercial premises/ buildings or interfere in the manner of booking, allotment and finalization of sale of flats/ dwelling units for EWS, school(s), shops, Commercial premises/ buildings, club/ community centre or in the operation and management of shops, club/ community centre, school(s), Commercial premises/ building etc. The Company shall enter into a separate agreement with Allottees of EWS flats/ dwelling units, school(s), shops, Commercial premises, religious buildings, club/ community centre, etc. for the purpose of sale of such flats/ dwelling units, Shops Commercial premises/ buildings, club/ community centre, etc., and the Apartment Allottee confirms that he/ she has specifically noted the same.
22	Right of the Company to make additional constructions The Apartment allottee agrees and authorises the Company to make additions to or put up additional structures in/upon the said Building or Additional Apartment Buildings(s) and /or structures anywhere in the said Complex/Said portion of Land as may be permitted by the competent authorities and such additional Apartment Building(s)/structures shall be the sole property of the Company which the Company will be entitled to dispose off in any way it chooses without any interference on the part of the Apartment Allottees. The Apartment Allottee agrees that the company, at its cost, shall be entitled to connect the electric, water, sanitary and drainage fittings on the additional structures/stories with the existing electric, water, sanitary and drainage sources. TheApartment allottee	No additional constructions The Company undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the GHS Belaire after the building plan has been approved by the competent authority (ies) as enclosed in Annexure [].

¶287

	further agrees and undertakes that he/she shall after taking possession of the said Apartment or at any time thereafter, not object to the company constructing or continuing with the construction of the other building(s)/block outside/adjacent to the said Building or inside the said Complex/said Portion of Land or claim any compensation or withhold the payment of maintenance and other charges, as and when demanded by the Company, on the ground that the infrastructure required for the said Complex is not yet complete. Any violation of this condition shall entitle the Company to seek remedies provided under this Agreement in cases of breach, non payment, defaults etc. The modification as proposed by the Informant may be accepted as once plans are final no additional structures should be allowed.
23	Company’s right to raise finance The Apartment Allottee hereby authorizes and permits the Company raise finance/loan from any Financial Institution/Bank by way of mortgage/charge/securitization of receivables or in any other mode or manner by charge/mortgage of the said Apartment/said Building/said Complex/said Portion of Land subject to the condition that the said Apartment shall be free from all encumbrances at the time of execution of conveyance deed. The Company/Financial Institution/Bank shall always have the first lien/charge on the said Apartment for all their dues and other sums payable by the Apartment Allottee or in respect of any loan granted to the Company for the purpose of the constructions of the said Building/said Complex.	Company’s right to raise finance The Allottee shall have no objection, before the execution of the conveyance deed, against the Company raising finance/loan from any financial institution by way of mortgage/charge/securitization of receivables or in any other mode or manner the property of GHS Belaire subject to the condition that the Apartment shall be free from all encumbrances before the execution of the conveyance deed. The Company may raise finance/loan on any unsold Apartment from any financial institution/bank by way of mortgage/charge/securitization of receivables or in any other mode or manner. However, the Company/bank/financial institution shall have no right or lien over the sold Apartments or the Common Areas and Facilities. .
24	This Agreement subordinate to mortgage by the Company	This Agreement subordinate to mortgage by the Company
	The Apartment Allottee agrees that no lien or encumbrance shall arise against the saidApartment as aresult ofthis	The Allottee agrees that no lien or encumbrance shall arise against the said Apartment as aresult ofthisAgreement or

¶289

Agreement or any money deposited any money deposited hereunder by the hereunder by the Apartment Allottee. In Allottee. In furtherance and not in furtherance and not in derogation of the derogation of the provisions of the provisions of the preceding sentence the preceding sentence, the Allottee agrees that Apartment Allottee agrees that the the provisions of this Agreement are and provisions of this Agreement are and shall continue to be subject and subordinate shall continue to be subject and to the lien of any mortgage heretofore or subordinate to the lien of any mortgage hereafter made/ created by the Company heretofore or hereafter made/ created by and any payments or expenses already the Company and any payments or made or incurred or which hereafter may be expenses already made or incurred or made or incurred pursuant to the terms which hereafter may be made or incurred thereof or incidental thereto or to protect the pursuant to the terms thereof or incidental security thereof, to the fullest extent thereof thereto or to protect the security thereof, and such mortgage(s) or encumbrances to the fullest extent thereof and such shall not constitute an objection to the title of mortgage(s) or encumbrances shall not the said Apartment or excuse the Allottee constitute an objection to the title of the from completing the payment of the price of said Apartment or excuse the Apartment the said Apartment or performing all the Allottee from completing the payment of Allottee’s other obligations hereunder or be the price of the said Apartment or the basis of any claim against or liability of performing all the Apartment Allottee’s the Company provided that at the time of other obligations hereunder or be the the execution of the conveyance deed the basis of any claim against or liability of said Apartment shall be free and clear of all the Company provided that at the time of encumbrances, lien and charges the execution of the conveyance deed the whatsoever. In case of Allottees who have said Apartment shall be free and clear of opted for long term payment plan all encumbrances, lien and charges arrangement with any Financial Institutions/ whatsoever. In case of the Apartment Banks, the conveyance of the Apartment in Allottee who have opted for long term favour of the Allottee shall be executed only payment plan arrangement with any on the Company receiving no objection Financial Institutions/ Banks the certificate from such financial institution/ conveyance of the Apartment in favour of banks. the Apartment Allottee, shall be executed only on the Company receiving no objection certification from such Financial Institution/ Banks. 25 p Company’s charge on the said To be deleted Apartment The Apartment Allottee agrees that the Company shall have the first charge/ lien on the said Apartment for the recovery of all its dues payable by the Apartment Allottee under this Agreement and such other payments as may be demanded by the Company from time to time. Further the Apartment Allottee agrees that in the event of his/ her failure to pay such dues as aforestated, the Company will be

¶291

	entitled to enforce the charge/ lien by selling the said Apartment to recover and receive the outstanding dues out of the sale proceeds thereo.
26	Purchase not Dependent on financing contingency.	Purchase not Dependent on financing contingency.
	The Apartment Allottee may obtain finance from any financial institution/ bank or any other source but the Apartment Allottees’ obligation to purchase the said Apartment pursuant to this Agreement shall not be contingent on the Apartment Allottee’s ability or competency to obtain such financing and the Apartment Allottee will remain bound under this Agreement whether or not he/ she has been able to obtain financing for the purchase of the said Apartment.	The Allottee may obtain finance from any financial institution/ bank or any other source but the Allottees’ obligation to purchase the Apartment pursuant to this Agreement shall not be contingent on the Allottee’s ability or competency to obtain such financing and the Allottee will remain bound under this Agreement whether or not he/ she has been able to obtain financing for the purchase of the Apartment.
27	Haryana Apartment Ownership Act, 1983 The Apartment Allottee has confirmed and assured the Company prior to entering into this Agreement that he/s she has read and understood the Haryana Apartment Ownership Act, 1983 and its implications thereof in relation to the various provisions of this Agreement and the Apartment Allottee has further confirmed that he/ she is in full agreement with the provisions of this Agreement in relation to Haryana Apartment Ownership Act, 1983 and shall comply, as and when applicable and from time to time, with the provisions of Haryana Apartment Ownership Act, 1983 or any statutory amendments or modifications thereof or the provisions of any other law(s) dealing with the matter. If the said Apartment and the building in which it is located be subject to Haryana Apartment Ownership Act, 1983 or any statutory enactments or modifications thereof, the Common areas and facilities and the undivided interest of each apartment owner in the common areas and facilities as specified by the Company in the declaration which may be filed by the Companyincompliance of	Haryana Apartment Ownership Act, 1983 The Company has assured the Allottees that the project in its entirety is in accordance with the provisions of the Apartment Act. The Company showing compliance of various laws/regulations as applicable in Haryana undertakes to file a Deed of Declaration within 90 days from the date of obtaining of the occupation certificate as defined in Section 2 of the Apartment Act that will include the entire Said Land, all the Apartments and entire set of Common Areas and Facilities (as listed in Annexure []) constructed within the GHS Belaire and nothing constructed within the GHS Belaire will be excluded from the Declaration. The Company shall provide a Copy of such declaration to all Allottees and RWA. The Allottee has assured the Company to faithfully abide by such Declaration.

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	Haryana Apartment Ownership Act, 1983 shall be conclusive and binding upon the apartment owners and the Apartment Allottee agrees and confirms that his/ her right, title and interest in the said Apartment/ said Building/ said Complex shall be limited to and governed by what is specified by the Company in the said declaration, which shall be in strict consonance with this Agreement and in no manner shall confer any right, title or interest in any lands, facilities, amenities and buildings outside the land beneath the said Building in which the said Apartment is located. It is made clear that the Company shall be the sole owner of the said lands, facilities, amenities and buildings outside the land beneath the said building in which the said Apartment is located and the Company shall be entitled to sell, transfer, part with possession thereof or otherwise dispose of the same to any one and in any manner at its sole discretion and the apartment Allottee shall have no claim whatsoever of any sort therein. The Apartment Allottee undertakes to join any society/ association of the apartment owners and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Company in its sole discretion forthis purpose.
28	Association of Apartment Owners	To be deleted.
29	The Apartment Allottee agrees and undertakes that he/she shall join any Association/society of Apartment Owners as maybe formed by the Company on behalf of apartment owners and to pay any fees, subscription charges thereof and to complete such documentation and formalities as may be deemed necessary by the Company for this purpose. An application form for enrolling the Apartment Allottee as a member of such Association is attached as Annexure VIII and the Apartment Allottee agrees to execute the same. Binding effect	Binding effect

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Forwarding this Agreement to the Forwarding this Agreement to the Allottee Apartment Allottee by the Company does by the Company does not create a binding not create a binding obligation on the part obligation on the part of the Company or the of the Company or the Apartment Allottee Allottee until, firstly, the Allottee signs and until firstly, the Apartment Allottee signs delivers this Agreement with all the and delivers this Agreement with all the annexures along with the payments due as annexures along with the payments due stipulated in the schedule of payments in as stipulated in the Schedule of Annexure [] within 30 days from the date of Payments in Annexure III within thirty (30) receipt by the Allottee and, secondly, a days from the date of dispatch by the copy of this Agreement executed by the Company and secondly a copy of this Company through its authorized signatory is Agreement executed by the Company delivered to the Allottee within thirty 30 days through its authorized signatory is from the date of receipt of this Agreement delivered to the Apartment Allottee within by the Company from the Allottee. thirty (30) days from the date of receipt of this Agreement by the Company from the If the Allottee(s) fails to execute and deliver Apartment Allottee. If the Apartment to the company this Agreement within 30 Allottee(s) fails to execute and deliver to days from the date of its receipt by the the company this Agreement within thirty Allottee, then the Company shall serve a (30) days from the date of its dispatch by notice to the Allottee for rectifying the the Company, then the application of the default, which if not rectified within 30 days Apartment Allottee shall be treated as from the date of its receipt by the Allottee, cancelled and the earnest money paid by application of the Allottee shall be treated as the Apartment Allottee shall stand cancelled and all sums deposited by the forfeited. If the counter part of this Allottee in connection therewith including Agreement is not executed by the the earnest money shall be returned to the Company and dispatched to the Allottee without any interest or Apartment Allottee within thirty (30) days compensation whatsoever. from the date of its receipt from the Apartment allottee, then this Agreement The counter-part of this Agreement shall be shall be deemed to have been rejected executed by the Company and dispatched and cancelled and all sums deposited by to the Allottee within 30 days from the date the Apartment Allottee in connection of its receipt from the Allottee. therewith shall be returned to the apartment Allottee without any interest or compensation whatsoever. Upon such refund being made neither party shall have any further right, obligations or liabilities against the other. 30 Agreement not assignable. Agreement not assignable. It is specifically clarified by the company The Allottee shall have the option to assign, to the Apartment Allottee that the transfer, nominate, convey its right in the apartment in ‘The Belaire’ being allotted Apartment along with the pro rata share in herein by way of this Agreement is nonthe Common Areas and Facilities in any transferable in nature by the apartment manner. The Company undertakes to Allottee and the provisional/final allotment facilitate in giving effect to such assignment, that may be made by the Company shall transfer, nomination and conveyance by the not be assigned, transferred, nominated Allottee.

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or conveyed by the Apartment Allottee in
any manner without prior written consent
of the Company which consent may be
given or denied by the Company in its
sole discretion and shall always be
subject
to
applicable
laws
and
notifications or any directions of the
government in force and shall also be
subject to the terms, conditions and
charges as the Company may impose
from time to time in this regard. The
Apartment
Allottee
shall
be
solely
responsible and liable for all legal,
monetary or any other consequences that
may arise from such nominations, if so
permitted by the Company at its sole
discretion. In the event of refusal or denial
by the Company for giving permission to
the Apartment Allottee for assignment,
transfer, conveyance or nomination of the
Apartment being allotted herein, the
apartment
Allottee
has
assure
the
Company and has undertaken not to
raise any dispute or claim in any manner
at any time based upon which the
Company
has
agreed
to
make
provisional/final allotment of the said

apartment.

31
Entire Agreement
This Agreement along with its annexure
and the terms and conditions contained in
the application constitutes the entire
Agreement between the parties with
respect to the subject matter hereof and
supersedes any and all understandings,
any other Agreements, correspondences,
arrangements whether written or oral, if
any, between the parties. The terms and
conditions
of
the
application
shall
continue to prevail and be binding on the
Apartment Allottee save and except in
cases where the terms and conditions of
the application are at variance with the
terms and conditions of this Agreement in
which cases the terms and conditions of
this Agreement shall prevail and shall
supercede those terms and conditions
contained in the application. This must
be setfourth in writingina separate

Entire Agreement
This Agreement, along with its Annexure(s),
constitutes the entire Agreement between
the Parties with respect to the subject
matter hereof and supersedes any and all
understandings, any other agreements,
correspondences, arrangements whether
written or oral, if any, between the Parties.

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	Agreement duly signed by and between the parties.
32	Right to amend Annexures	Right to Amend Annexure(s)
	The Draft Tripartite Maintenance Agreement (Annexure VIII) is attached to this Agreement to acquaint the Apartment Allottee with some of the terms and conditions as may be stipulated in this document as and when it is finally executed at the appropriate time as notified by the company. The Apartment Allottee hereby confirms that he/she consents to the terms and conditions contained in this draft which shall substantially be the same in the final document to be executed at the appropriate time as notified by the Company. The Apartment Allottee further agrees that the Company shall have the right to impose additional terms and conditions or to modify/amend/change the terms and conditions as stated in this draft in the final document to be executed at the appropriate time. The Company further reserves the right to correct, modify, amend or change all the annexures attached to this Agreement and also annexures which are indicated to be tentative at any time prior to conveyancing of the said Apartment, as deemed necessary by the Company at its	All Annexure(s) to this Agreement are an integral part of the Agreement and may only be amended through written consent of the Parties.
	sole discretion.
33	Agreement Specific only to this Apartment/Project	To be deleted.
	It is clearly understood and agreed by the Apartment allottee that the provisions of this agreement, draft tripartite Maintenance agreement, and those contained in other annexures are specific and applicable to Apartments offered for sale in the Belaire only (the said Complex) and these provisions cannot be read in evidence or interpreted in any manner in or for the purpose of any suit or proceedings before any Court(s), Commission, Consumer Disputes Forum(s) orany otherjudicial forum

¶301

	involving any other Apartment(s)/ Building(s)/ Project(s) of the company/ its associates/subsidiaries, partnership firms in which the company is partner or interested.
34	Provisions of this Agreement applicable on Occupiers/Subsequent Purchasers It is clearly understood and so agreed by and between the parties hereto that all the provisions contained herein and the obligation arising hereunder in respect of the said Apartment/said Building/said Complex shall equally be applicable to and enforceable against any and all occupiers, tenants, licencees and/or subsequent purchasers/assignees of the said Apartment, as the said obligations go along with the said Apartment for all intents and purposes.	Provisions of this Agreement Applicable on Allottee / Subsequent Purchasers It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the GHS Belaire shall equally be applicable to and enforceable against any subsequent purchasers of the Apartment, as the said obligations go along with the Apartment for all intents and purposes.
35	Waiver not a limitation to enforce a) The Company may, at its sole option and discretion, without prejudice to its rights as set out in Clauses (4) and (12) of this Agreement, waive the breach by the Apartment Allottee in not making payments as per the Schedule of Payments given in Annexure III but on the condition that the Apartment Allottee shall pay to the Company interest which shall be charged for the first ninety (90) days after the due date @15% per annum and for all periods of delay exceeding first ninety (90) days after the due date an additional penal interest @3% per annum (total interest 18% per annum only). It is made clear and so agreed by the Apartment Allottee that exercise of discretion by the Company in the case of one Apartment Allottee shall not be construed to be a precedent and /or binding on the Company to exercise suchdiscretion inthe	Waiver not a limitation to enforce (i) The Company may, at its sole option and discretion, without prejudice to its rights as set out in Clause (4) of this Agreement, waive the breach by the Allottee in not making payments as per the schedule of payments given in Annexure [] but on the condition that the Allottee shall pay to the Company interest @[]% per annum. It is made clear and so agreed by the Allottee that exercise of discretion by the Company in the case of one Allottee shall not be construed to be a precedent and /or binding on the Company to exercise such discretion in the case of other Allottees. (ii) Failure on the part of the Company to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right

¶303

	case of other Apartment Allottees. b) Failure on the part of the Company to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.	thereafter to enforce each and every provision.
36	Severability If any provision of this Agreement shall be determined to be void or unenforceable under applicable law, such provisions 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 applicable law and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement.	No change required
37	Captions/Headings The captions/headings in this Agreement are for easy reading and convenience and are of indicative nature only and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. The true interpretation of any matter/clauses in this Agreement shall be done by reading the various clauses in this Agreement as a whole and not in isolation or in parts or in terms of captions provided	No change required
38	Method of calculation of proportionate share where-ever referred to in the Agreement	Method of Calculation of Proportionate Share wherever Referred to in the Agreement
	Wherever in this Agreement it is stipulated that the Apartment Allottee has to make any payment in common with the other Apartment Allottees in the same building, the same shall be the proportion which the super area of the said Apartment bears to the total super area of all the apartments in the said Building. Wherever in this Agreement it is stipulated that the Apartment Allottee has to make any payment in common with the	Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in the GHS Belaire, the same shall be the proportion which the Super Area of the Apartment bears to the total Super Area of all the Apartments in the GHS Belaire, as the context may require.

¶305

	Apartment Allottee of all the buildings to be constructed on the said Portion of Land the same shall be in proportion which the super area of the said Apartment bears to the total super area of all the apartments in all the buildings to be constructed on the said Portion of Land.
39	Force Majeure The Company shall not be held responsible or liable for not performing any of its obligations or undertakings provided for in this Agreement if such performance is prevented, delayed or hindered by an act of God, fire, flood, explosion, war, riot, terrorist acts, sabotage, inability to procure or general shortage of energy, labour, equipment, facilities, materials or supplies, failure of transportation, strikes, lock outs, action of labour unions or any other cause (whether similar or dissimilar to the foregoing) not within the reasonable control of the Company.	Force Majeure "Force Majeure" means any event or combination of events or circumstances beyond the control of a Party which cannot be prevented, or cause to be prevented, and which adversely affects and makes it impossible to perform obligations under this Agreement, which shall include: A. Acts of God, i.e. fire, flood, earthquake, natural disasters or acts of like nature; B. Air crashes; C. War and hostilities of war, riots or civil commotion of a prolonged nature of atleast 6 month(s); D. Any event or circumstance analogous to the foregoing.
40	Right to join as affected Party The Apartment Allottee agrees that the Company shall have right to join as an affected party in any suit/complaint filed before any appropriate court by the Apartment Allottee if the Company’s rights under this Agreement are likely to be affected/prejudiced in any manner by the decision of the court on such suit/complaint. The Apartment Allottee agrees to keep the Company fully informed at all times in this regard.No changerequired	Right to join as affected Party The Allottee agrees that the Company shall have the right to join as an affected party in any suit/complaint filed before any appropriate court by the Allottee if the Company’s rights under this Agreement are likely to be affected or prejudiced in any manner by the decision of the court on such suit/complaint. The Allottee agrees to keep the Company fully informed at all times in this regard.
41	Indemnification The Apartment Allottee hereby covenants’ with the Company to pay from time to time and at all times the amounts which the Apartment Allottee is liable to pay under this Agreement and to observe and perform all the covenants and conditions contained in this a Agreement and to keep the Company and its agents	To be deleted

¶307

	and representatives, estate and effects, indemnified and harmless against any loss or damages that the Company may suffer as a result of non-payment, no- observance or non-performance of the convenants and conditions stipulated in thisAgreement.
42	Brokerage	Brokerage
	In case the Apartment Allottee has to pay any commission or brokerage to any person for services rendered by such person to the Apartment Allottee whether in or outside India for acquiring the said Apartment for the Apartment Allottee, the Company shall in no way whatsoever be responsible or liable therefor and no such commission or brokerage shall be deductible from the amount of sale price agreed to be payable to the Company for the said Apartment. Further the Apartment Allottee undertakes to indemnify and hold the Company free and harmless from and against any or all liabilities and expenses in this connection.	In case the Allottee has to pay any commission or brokerage to any person for services rendered by such person to the Allottee whether in or outside India for acquiring the Apartment for the Allottee, the Company shall in no way whatsoever be responsible or liable therefor and no such commission or brokerage shall be deductible from the amount of sale price agreed to be payable to the Company for the Apartment. Further, the Allottee undertakes to indemnify and hold the Company free and harmless from and against any or all liabilities and expenses in this connection.
43	Further Assurances The Apartment Allottee and the persons to whom the said Apartment or part thereof is let, transferred, assigned or given possession shall execute, acknowledge and deliver to the Company such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as the Company may reasonably request 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.	Further Assurances 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.
44	Copies of the Agreement Three copies of this Agreement shall be executed and the Company shall retain the orginal and a copy of this Agreement and send the third executed copy to the Apartment Allottee for his/her reference and record.	No modification required

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45	Place of Execution The execution of this Agreement will be complete only upon its execution by the Company through its Authorised Signatory at the Company’s head Office in New Delhi after the copies duly executed by the Apartment Allottee are received by the Company. Hence this Agreement shall be deemed to have been executed at New Delhi even if the Apartment Allottee has prior thereto executed this Agreement at any place (s) other than New Delhi.	Place of Execution The execution of this Agreement will be complete only upon its execution by the Company through its authorized signatory at the Company’s head Office in New Delhi after the copies duly executed by the Allottee are received by the Company. Hence this Agreement shall be deemed to have been executed at New Delhi even if the Allottee has prior thereto executed this Agreement at any place (s) other than New Delhi.
46	Notices That all notices to be served on the Apartment Allottee and the Company as contemplated by this Agreement shall be deemed to have been duly served if sent to the Apartment Allottee or the Company by Registered Post at their respective addresses specified below (Address of Apartment Allottee) _________________	Notices That all notices to be served on the Allottee and the Company as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Company by Registered Post at their respective addresses specified below (Address of Apartment Allottee) _________________
	M/s DLF Limited DLF Centre, Sansad Marg, New Delhi-110001 It shall be the duty of the Apartment Allottee to inform the Company of any change subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by theApartmentAllottee.	M/s DLF Limited DLF Centre, Sansad Marg, New Delhi-110001 It shall be the duty of the Allottee to inform the Company of any change subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the Allottee.
47	Joint purchasers That in case there are Joint Apartment Allottees all communications shall be sent by the Company to the Apartment Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to considred as properly served onalltheApartment	Joint purchasers That in case there are Joint Allottees all communications shall be sent by the Company to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to considered as properly served onalltheAllottees.

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	Allottees.
48	Certain References Any reference in this Agreement to any one gender, masculine, feminine or neuter includes the other two and the singular includes the plural and vice versa, unless the context otherwise requires. The terms “herein”, “hereto”, “hereunder”, “hereof” or “thereof” or similar terms used in this Agreement refer to this entire Agreement and not to the particular provision in which the term is used unless the context otherwise requires. Unless otherwise stated all references herein to clauses, sections or other provisions are references to clauses, sections or other provisions of this Agreement.	No modification required
49	Right to Transfer Ownership The Company reserves the right to transfer ownership of the said The Belaire in whole or in parts to any other entity such as Partnership firm, body corporate (s) whether incorporated or not, Association or Agency by way of sale/disposal/or other arrangement as may be decided by the Company in its sole discretion and the Apartment Allottee agrees that he/she shall not raise any objection in this regard.	Right to Transfer Ownership The Company reserves the right, during the period of construction of the GHS Belaire, to transfer ownership of the GHS Belaire in whole or in parts to any other entity such as partnership firm, body corporate(s) whether incorporated or not, association or agency by way of sale/ disposal / or any other arrangement as may be decided by the Company. The Company, however, shall take an undertaking from the Transferee assuring the Allottees that the Transferee shall abide by and conform to the terms and conditions laid out in this Agreement and obligations arising therefrom.
50	Laws of India That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India.	No change required
51	Dispute Resolution by Arbitration All or any disputes arising out of or touching upon or in relation to the terms of this Agreement including the interpretation and validity of the terms thereofand therespectiverights and	Dispute Resolution by Arbitration All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereofand therespectiverights and

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obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation	obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through arbitration.
Act, 1996 or any statutory amendments/modifications thereof for the time being in force. The arbitration proceedings shall be held at an appropriate location in DLF City, Gurgaon, Haryana by a Sole Arbitrator who shall be appointed by the Company and whose decision shall be final and binding upon the Parties. The Apartment Allottee hereby confirms that he/she/it shall have no objection to this appointment even if the person so appointed, as the Arbitrator, is an employee or advocate of the Company or is otherwise connected to the Company and the Apartment Allottee confirms that notwithstanding such	The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held at an appropriate location at DLF City, India by a sole arbitrator, who shall be mutually appointed by the Parties or if unable to be mutually appointed, appointed by the Court under the Arbitration and Conciliation Act, 1996.
relationship/connection, the Apartment Allottee shall have no doubts as to the independence or impartiality of the said Arbitrator. The Courts at Gurgaon alone and the Punjab & Haryana High Court at
Chandigarh alone shall have the jurisdiction.

Belaire Owners' Association v. Dlf Limited, HUDA & Ors.

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Belaire Owners' Association v. Dlf Limited, HUDA & Ors.

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