BENGAL UNITECH UNIVERSAL INFRASTRUCTURE PVT. LTD.,

Block C, 4th Floor,

22, Camac Street,                                               

KOLKATA -700 016, West Bengal

INDIA

Dear Sir,

I/We request that I/we may be registered for allotment of a Residential Apartment in the Complex ‘Vistas’ in Uniworld City, to be developed by the Company on a plot of land situated in Action Area III, New Town, Kolkata.

I/We agree to sign and execute, as and when required by the Company, the Buyer’s Agreement and/or such other document(s), on the Company's standard format and I/we agree to abide by the terms & conditions of allotment stated hereafter.

I/We further agree to abide by the terms & conditions of sale of Land by WBHIDCO to Bengal Unitech Universal Infrastructure Pvt. Ltd. in so far as those are applicable or pertain to the Buyer's Apartment in the Complex.

I/We remit herewith a sum of Rs. ………..........……/- (Rupees .....................................................................................................) drawn on

…………..................................................Bank Draft/Cheque No..........................................Dated..............................................in favour of

“Bengal Unitech Universal Infrastructure Pvt. Ltd. Sales (Residential)” Account.

I/We have perused the ‘Price List-Cum-Payment Plan’ and further agree to pay installments as per the Payment Plan opted by me/us and

annexed hereto:

-

FIRST APPLICANT:

Mr./ Mrs./ Ms .......................................................................................……………......................................……………...............................

.

S/W/D of .....…………………………....................................................……………………………......................................................………

.

Guardian's Name (If Minor) …………….......................................................……..............................................……………………………….

.

Date of Birth ........................…………….............................… Nationality....................................................................…….......………

…

Occupation: Private Service ( ) Govt. Service ( ) Professional ( ) Business (

)

Student ( ) House Wife ( ) Any other ..............................................................…

…

Residential status: Resident/Non-Resident/Foreign National of Indian Origin/OCB Others ..……...................................….(please specify)

.

Mailing Address. …………………………....................................................................................................……………………………………

.

…………………………………………........................................................................................................……… PIN .........................…

…

Permanent Address……………………………………………………………..…................................................………………………………

…

…………………………………………........................................................................................................……… PIN .........................…

…

Phone: ……………………..........................………….......………. ISD/STD Code …….............................................……….…………………

.

Office Name & Add: ……………......………………………………………………………................................................………………………

…

…………………………………….................................................................................................................…. PIN ............................…

…

Contact No. : Office ………..................................Residence…......................................……...... Mobile……...........................…………….

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Fax ……………..........................…….........………E-Mail ………....................................................................................…………………….

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PAN ………………………….....………..........................Ward/Circle/ Range (where assessed)................................................................

…

Passport No (For Non Resident / Foreign National of Indian Origin) ...........................................................................................................

.

SECOND APPLICANT:

Mr./ Mrs./ Ms .......................................................................................……………......................................……………...............................

.

S/W/D of…………………………….........……...........................................……

Guardian's Name (If Minor) …………….....................................................................................................…………………………………….

.

Date of Birth ........................……………..........................… Nationality……........................................................……..............………

.

Occupation: Private Service ( ) Govt. Service ( ) Professional ( ) Business (

)

Student ( ) House Wife ( ) Any other ..............................................................…

…

Residential status: Resident/Non-Resident/Foreign National of Indian Origin/OCB Others ..............................................(please specify)

.

Mailing Address.…………………………....................................................................................................…………………………………

.

…………………………………………………………………………………………...........................................................................................

.

Permanent Address……………………………………………………………..…................................................………………………………

…

…………………………………………........................................................................................................……… PIN .........................…

…

Phone: ……………………..........................………….......………. ISD/STD Code …….............................................……….…………………

.

Office Name & Add: ……………......………………………………………………………................................................………………………

…

…………………………………….................................................................................................................…. PIN ............................…

…

Contact No. : Office ………..................................Residence…......................................……...... Mobile……...........................…………….

.

Fax ……………..........................…….........………E-Mail ………....................................................................................…………………….

.

PAN ………………………….....………..........................Ward/Circle/ Range (where assessed)................................................................

…

Passport No (For Non Resident / Foreign National of Indian Origin) ...........................................................................................................

.

PROVISIONAL REGISTRATION:

(i) Apartment No. ……...........................................………… (ii) Tower/Block/ Building No. .....................................….

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(iii) Floor .....……............................................................…… (iv) Type ...........................................……………...........

…

(v) Super Area ……........……............……….Sq. ft.(Approx.) (vi) Terrace Area…....................…………..Sq. ft.(Approx.

)

DETAILS OF PARKING:

(i) Open Car Parking ( )

PAYMENT PLAN OPTED:

A ( ) Or B( )

PAYMENTS:

(i) Basic Sales Price = Rs…...............................................................…………………..

.

(ii) Preferential Location Charges = Rs…...............................................................…………………..

.

(iii) Parking Charges = Rs…...............................................................…………………..

.

(iv) Club Membership Registration Charges = Rs…...............................................................…………………..

.

TOTAL PRICE PAYABLE = Rs…...............................................................…………………..

.

I/we, the above applicant(s) do hereby declare that the above particulars/information given by me/us are true and correct and nothing has been concealed therefrom.

Signature(s)

(First/Sole Applicant)

(Second Applicant)

Date:................................................................

.

(i) Plan (A) Down Payment Plan.

(ii) Plan (B) Time / Progress Linked installment plan.

(iii) All Cheques/Drafts to be made in favour of “Bengal Unitech Universal Infrastructure Pvt. Ltd. Sales (Residential)” Account payable at KOLKATA only.

(iv) In case the cheque comprising booking amount/ registration is dishonoured due to any reason, the company reserves the right to cancel the booking without giving any notice to the applicant(s).

(v) Applications not accompanied by photographs of the applicants shall be considered as incomplete.

( vi) Documents required at the time of Booking:

1.        Booking amount cheques/drafts

2.        PAN & copy of PAN Card/Undertaking

3.        For Companies: Memorandum & Articles of Association and certified true copy of Board Resolution, For partnership firm: copy of partnership deed, firm registration certificate, consent/authorization from all the partners

4.        For foreign nationals of Indian Origin: passport photocopy/funds from NRE/FCNR a/c

5.        For NRI : copy of passport & payment through NRE/NRO a/c

6.        Two photographs of each allottee

7.        Address/ identity proof: photocopy of electoral identity card/ ration card/driving license/passport/gas connection/bank passbook attested by bank manager.

FOR OFFICE USE ONLY

(i) Application status: Accepted/ Rejected

(ii) Provisional Registration of Apartment ....................................................................…………………………………………………

…

(iii) Apartment No......................................... Tower/Block/Building No. ................................... Floor.......................... Type.............

.

(iv) Super Area ................................................................ Sq. Mtrs. (.........................................................…………..Sq. ft. (approx.

)

(v) Terrace Area……………………….........................…. Sq. Mtrs. (.................…......................................……………………Sq. ft)

(vi) Basic Sale Rate .............................................per Sq. ft. PLC .............................................. Net Rate....................................……

.

(vii) Basic Cost Rs. .......................................................... Net Basic Price Rs...................................................................................

(viii) Parking Space Charge/Cost (Rs.)............................. No. of Parking ........................................................................................

TOTAL PRICE PAYABLE = Rs. .............................................................................................

Add : Club Development /Registration Charges = Rs. .............................................................................................

TOTAL AMOUNT PAYABLE = Rs. .............................................................................................

(1) Payment Plan : A ( ) or B ( )

(2) Type of account : SB / CA / NRE

(3) Application Amount Received vide R/No. ................................................................................Date .............................................

.

Rs………..........................…… (Rupees...……………………........................…………………….......................................……….

)

(4) Mode of Booking : Direct / Broker (if Broker: Name & Address with Stamp) ................................................................................

.

(5) Special Instructions / Remarks ....................................................................................................................................................

.

(Authorised Signatory)

Date……......………………..

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

GENERAL TERMS AND CONDITIONS for Registration for allotment of Apartment in Group Housing Complex,  at Uniworld City, ‘Vistas’- New Town, Kolkata.

The Applicant {the Intending Allottee(s)} has applied to be registered, on the terms and conditions as agreed and set forth hereinafter, for allotment of an Apartment in Group Housing Complex to be developed by BENGAL UNITECH UNIVERSAL INFRASTRUCTURE PVT. LTD., a Company (hereinafter referred to as “Company”) incorporated under the Companies Act, 1956 and having its Registered Office at 6, Community Centre, Saket, New Delhi-110017 and Regional Office at Block C, 4thFloor, 22, Camac Street, Kolkata -700 016, on a plot of land situated in Action Area III in New Town, Kolkata, West Bengal (hereinafter referred to as the “Land”).

That the Group Housing Complex proposed to be developed on the said 'Land' and be popularly known as 'Vistas’ in Uniworld City' (hereinafter referred to as the “Complex”).

That the term Allottee(s) shall mean and include his/her/their/ heirs, executors, administrators, successors and legal representatives.

That the Allottee(s) has applied for allotment of a residential Apartment in the said Complex with full knowledge of the laws, notifications, rules and regulations applicable to the said Land/Complex and has fully satisfied himself/herself about the right, title and interest of the Company in the said Land/Complex.

The expression 'Allotment' wherever used herein shall always mean ‘provisional allotment’ and will remain so till such time a formal Deed of Conveyance/transfer is executed by the Company in favour of the Allottee(s).

That the Allottee(s) hereby undertakes that it shall abide by all laws, rules and regulations and terms and conditions of the WBHIDCO and/or of the West Bengal Government, the Local Bodies and/or other authorities applicable to the area or the Complex.

The Allottee(s) has verified and is satisfied with the record, which entitles the Company to allot the Apartment, and such Allotment of the Apartment to the Allottee(s) shall be made by the Developer on the following terms and conditions:

1. AREA

1. a Apartment:

That the Company on acceptance of application from the Allottee(s) shall allot him the Apartment bearing No.________on _________Floor, Tower________having a super area of approx._______________Sq. Mtrs. (approx_____________Sq. ft.) and Terrace Area of approx.___________sq. Mtrs. (approx______________Sq. ft.) in Vistas, Uniworld City, New Town, Kolkata, West Bengal (hereinafter referred to as the said “Apartment”). The Company will not entertain any request for modification in the internal layout of the Apartment(s) and external facade of the Tower(s)/Building(s).

1. b Super Area:

That the term ‘Super Area’ shall mean and include the covered area of the apartment, verandah and balcony ( including utility balconies), inclusive of the area under periphery walls, area under the columns and walls, cupboards and lofts and proportinate share of the common area, viz. staircases, decks, circulation area with corridor, passage and staircase, lifts, uttility servises such as electrical substation, panel room, meter room, D G room, pump room, garbage disposal room, telephone room, cable TV room, service ledges on all floors, common corridors and passages, stair houses and machine rooms, lobbies and refuge areas,  which shall form integral part of the said apartment and common area shall also mean proportionate share of common facilities for campus level development for building any central substation, pump room, under ground water reserviour, gas bank, Gatehouses, guardrooms, maintenance office and related spaces etc.,landscape features like gazebo, kiosks etc as common facilities/ amenities which the Allottee(S) shall use by sharing with other occupants.

That the following shall not be a part of Super Area

-         convinience shops and sites for shops, if any

-         sites/ building for community facilities, amenities like schools, club, community center(s), health center(s), spa, gymnasiums, if any

-           

2. CONSIDERATION

2. a Consideration:

That in pursuance to Allotment of the said Apartment to the Allottee(s), the Allottee(s) shall pay the Company a sum of Rs........................................ (Rupees..................................................................................................................................... only) as the Consideration of the Apartment (hereinafter referred to as the “Consideration”). The said Consideration includes basic price, preferential location charge and car parking space charges.

2. b Application Amount:

That out of the total amount of Consideration as mentioned in Clause 2.a, the Allottee(s) has already paid a sum of Rs............................................... (Rupees…………………………...............................…...............................................……….....) to the Company towards Application amount for the Allotment, the receipt whereof the Company hereby admits and acknowledges.

2. b(i) Earnest Money

That the payment of Earnest amount is to ensure fulfillment of the terms and conditions as contained herein. An amount equivalent to 20% of the Consideration payable/paid as per Clause 2.a herein above shall always be deemed to have been paid by the Allottee(s) as and by way of Earnest Amount.

2. c Payment Plan:

The Allottee(s) shall pay the balance amount of the Consideration in accordance with the Payment Plan annexed as Annexure ‘A’ hereto. In the event Allottee(s) fails to pay the balance Consideration or in the event of any delay in payment of any installment and/or other charges, in accordance with the Payment Plan, the Allottee(s) shall be liable to pay interest calculated from the due date of outstanding amount @18% per annum compounded quarterly.

That if any of the cheques sent by the Allottee(s) are dishonoured for any reason whatsoever, the Company shall be fully entitled, at its sole discretion, to cancel the Allotment and forfeit the Earnest money and recover/adjust other charges, interest, etc. payable by the Allottee(s).

2. d Time is Essence:

That the timely payment of each installment and other charges shall be the essence of this transaction. It shall be incumbent on the Allottee(s) to comply with the terms of payment and/or other terms and conditions of allotment as stipulated herein.

2. e Adjustment of Installments:

That the Company shall have the right to adjust the installment amount received from the Allottee(s) first towards the interest and other sums, if any, due from the Allottee(s) and the balance, if any, towards the Consideration.

2. f Failure/Delay in Payment:

That in the event Allottee(s) fails to pay any installment(s) with interest within 90 days, from due date, the Company shall have the right at its sole option to cancel the Allotment and forfeit the entire amount of Earnest money deposited by the Allottee(s) and the Allottee(s) shall be left with no right, claim or lien on the said Apartment. The amount paid, if any, over and above the Earnest money shall be refunded by the Company without interest after adjustment of interest accrued on the delayed payment(s), if any, or any other charge due from the Allottee(s).

2.g Calculation of Consideration:

That the Consideration for the aforesaid Apartment is calculated on the basis of Super Area as defined in Clause 1.b above.

2.h Preferential Location:

That the Company apart from basic price shall charge Preferential Location Charges (PLC) as already included in Consideration for certain apartments in the Complex and if Allottee(s) opts for booking of any such apartment, he/she shall be liable to pay such charges referred to as Preferential Location Charges (PLC) and if due to change in layout plan or otherwise the said apartment ceases to be preferentially located, the Company shall be liable to refund the amount of preferential location charges paid by the Allottee(s) without any interest or compensation. The Company has the sole discretion to decide a location as Preferential Location.

2.i Alteration in Layout Plans, Designs and Specifications:

(i) That the Company shall have the right to effect suitable alterations in the layout plan, if and when found necessary or as required by the concerned regulatory authorities or otherwise. Such alterations may include change in location, preferential location, number, increase or decrease in the number of apartments, floor, block or area of the Apartment. To implement such change and if considered necessary, the Company may also execute a supplementary agreement with the Allottee(s).

Provided, however, if as a result thereof, there be any change in the location, preferential location, number, boundary or area of the said Apartment, such change in the area shall inter-alia entail proportionate increase or decrease in the Consideration of the built-up Apartment at the original rate at which the Apartment was booked.

(ii) That the specifications of the Apartment and amenities planned for the Complex are attached hereto as Annexure ‘B’. In the event of paucity or non-availability of any material, the Company shall have the right to use alternative material/article but of

equally good quality. Opinion of Company's Architects on such changes shall be final and binding on the Allottee(s).

(iii) That in case during the course of construction and/or after the completion of the Complex, further construction on any portion of the Land or building or terrace becomes possible, the Company shall have the exclusive right to take up or complete such

further construction as belonging to the Company notwithstanding the designation of any common area as Limited Common Areas or otherwise. In such a situation, the proportionate share of the Allottee(s) in the Common Area facilities and Limited Common Areas and Facilities shall stand varied accordingly. Further all the residuary rights in the proposed Complex shall continue to vest with the Company till such time as the same or a part thereof are allotted or otherwise transferred to any particular person/organization or to the Association of Owners of the Complex.

2.j Club Membership/ Development Charges:

(i) That in accordance with the development plan of the Complex, the Company proposes to develop a Club for the purpose of social activities and the Allottee(s) consents to avail membership of this Club. That the recreational Club with a swimming pool, gym and health club is proposed to be provided in the Complex. This Club may be developed simultaneous to or after development of the Apartment and for membership and development of the Club, the Allottee(s) shall pay Rs.__________________/- (Rupees____________________________________________________________ Only).

(ii) On the Club becoming functional, keeping in view the general requirement of the members, the quantum of facilities available in the club and other incidental factors effecting running and maintenance, the Allottee(s) shall pay charges as prescribed

from time to time and also abide by rules and regulations framed by the Company for proper management of the Club.

2. k Payment of Charges and Costs:

(i) That the Allottee(s) shall pay the concerned authority for Electric Meter installation charges, security deposit thereof and the energizing charges.

(ii) That subject to Clause 9.b all costs, charges and expenses payable on all instruments and deeds to be executed in favour of the Allottee(s), including Sale Deed, registration charges and other related charges shall be borne and paid by the Allottee(s).

(iii) Further, if there is any additional levy, rate or charge of any kind attributable to the Apartment, as a consequence of any order of Government/Statutory or other Local Authority, the same, if applicable, shall also be payable by the Allottee(s), on pro-rata

basis.

(iv) That the Consideration amount of the Apartment as mentioned in Clause 2.a. is firm and that there shall be no escalation after allotment of the Apartment.

2.l Parking Space:

That the Allottee(s) shall be provided with ______________Open Car Parking Space for exclusive use in the said Complex on the payment, but the Allottee(s) shall not have any ownership rights over the parking space allotted to him/her/them and one open Car Parking space along with apartment is compulsory. It shall be a right to use only which shall stand automatically transferred along with the transfer of the Apartment.

3. GAS CONNECTION

That reticulated gas system through a specially installed network of pipes to each apartment connecting to the gas bank shall be installed in the Complex. The entire network is set as per Fire Safety Guidelines. Each apartment will be provided with a single point gas connection in the kitchen. The Allottee(s) shall pay charges as may be determined by the developer on or before possession to the Developer towards cost of installation of this system and for providing metering device. Further, the Allottee(s) shall also pay usage charges for gas consumption to the Gas Supply Agency as per meter reading provided thereof. The gas will be supplied by the Gas Supply Agency and the Company will not be directly responsible for such supply. All charges, levies, etc., if any, shall also be payable by the Allottee(s) to the Gas Supplying Agency who shall be responsible for maintenance of the installed network.

4. MAINTENANCE

4. a Maintenance Agreement:

That the Allottee(s) before taking possession of the Apartment shall enter into a separate Maintenance Agreement with the Maintenance Agency appointed or nominated by the Company, which shall maintain the common Areas and facilities of the Complex for a period of three year, as it may not be possible to transfer the responsibility of maintenance to the respective owner of Apartment immediately on giving possession of the Apartment.

4.b Scope of Maintenance:

That the scope of maintenance and general upkeep of various common services within the Building shall broadly include Operation and Maintenance of Lifts, Operation and Maintenance of Generators, Maintenance of Fire fighting system, Garbage disposal & upkeep of common areas, Water supply, Sewerage system, Common area lighting. The Services outside the Apartment but within the Complex shall broadly include Maintenance and upkeep of internal roads, pathways, boundary walls/Fencing, Horticulture, Drainage System, Common Area Lighting, Water Supply, General Watch and Ward within the Complex. Limited power backup facility will be provided for each apartment and subscribing for the same is mandatory and one time installation charge for limited power back up load is detailed below however  the consumption charges thereof shall be included in the monthly maintenance bills, which the Allottee(s) would be liable to pay extra.

 (i) That the Allottee(s) shall be required to pay to the Company/ Maintenance Agency maintenance charges on the basis of the super area of the Apartment as determined by the Company at the time of offer of possession of the Apartment and shall be payable in advance for a period of three years before the possession of the apartment is handed over to the Allottee(s). In case of failure in making the payment of maintenance charges, the Allottee shall be liable to pay interest @ 18% p.a for the period of delay. The Allottee(s) shall also pay Rs. 25/- per sq. ft. of the Super Area of the Apartment, towards repainting of external façade of the building. In addition, Sinking fund will be created and will be paid extra by the Allottee(s), as determined by the Company at the time of offer of possession of the apartment, for replacement, refurbishing, major repairs of the plants and equipment etc., installed in the Complex or towards any unforeseen contingency in future. The Allottee(s) shall comply with all the terms and conditions stipulated in the Maintenance Agreement.

(ii) That the Allottee(s) shall become a member of the Apartment Owner’s Association and shall continue to pay the maintenance charges as determined by the said Association from the date when the maintenance is handed over to the Association.

4c.Electricity, Water, Water Connection Charges and Maintenance Deposit:

That the Allottee(s) shall pay to the Company water and sewerage connection charges. The Allottee(s) shall also pay to the Company Interest Free Maintenance Security Deposit @ Rs. 20 per sq. ft., of the Super Area of the Apartment. However, on formation of Association of Apartment Owners the balance fund available in this account shall be transferred to the Association.

After taking over maintenance of said Complex, Apartment Owners Association shall approach the concerned New Town Authority for getting water supply connection. For electricity connection, the Allotee(s) will have to pay individually all applicable charges/security deposits to New Town Electricity Supply Company Limited/WBSEB.

4d.That so long as the maintenance and replacement charges are paid regularly, the Allottee(s) or anyone lawfully claiming under him/her shall be entitled to use the common facilities. In the event of default of such payments, it shall not be open to the Allottee(s) to claim use or any right to the common facilities and in such an event the Company, in its sole discretion can stop the use of such common facilities and services by the Allottee(s)/Occupant of the Apartment. The user of such common facilities shall be permitted again as soon as the breach is rectified and payments are made.

4e.Watch and Ward arrangement :

That the Watch and Ward arrangement are proposed to be provided in the Complex. Accordingly, the Company/Maintenance Agency shall have a free hand to restrict the entry of outside persons into the Complex. Provision of such watch and ward service

would, however, not create or fix any liability on the Company/ Maintenance Agency, for any mishap caused by any miscreant.

5.POSSESSION

Possession of Apartment:

(i) That the Company shall make its best endeavours to deliver the possession of the Apartment to the Allottee(s) within 36 months from the date of execution of the agreement to sell or approval of building plan whichever is later, subject, however, to ‘Force Majeure’ circumstances and after the all dues in respect of the Apartment including stamp duty and registration charges as applicable have been paid. It is, however, understood by the Company and Allottee(s) that various Towers comprised in the Complex shall be ready and completed in phases and after completion, the Apartment shall be handed over to the prospective allottee(s) of respective Towers.

(ii) In the event of any default or negligence attributable to the Allottee(s) or non compliance of any of the Terms & Conditions of Allotment by the Allottee(s) as specified herein or in any other agreement entered into by the Company and the Allottee(s) with respect to the Apartment the Allottee(s) shall not be entitled to demand the delivery of possession of the Apartment.

(iii) That prior to calling upon the Allottee(s) to take possession of the Apartment by way of a “Notice of Possession” as provided hereinafter, the Company shall give the Allottee(s) a Final notice for clearance of its all outstanding dues. In the event of failure

by the Allottee(s) to clear all its outstanding dues, as demanded, within 21 days from the date of issue of such Final notice the Allottee(s) shall (and notwithstanding their failure to also execute the Maintenance Agreement in accordance with the Clause 4 hereinabove), become liable to pay to the Company “Maintenance Charges” provided under Clause 4.b (ii) and “Holding Charges” provided under Clause 5.c hereinbelow, from the expiry of the abovementioned period of 21 days, besides the other consequences as may be enforceable by the Company under this Agreement.

5b.Notice of Possession of Apartment:

That subject to the remittance of all outstanding dues, whatsoever by the Allottee(s) including stamp duty registration charges, maintenance deposit and other charges, the Company shall give “Notice of Possession” to the Allottee(s) indicating therein the date by which the Allottee(s) must take over the physical possession of the Apartment. The Allottee(s) shall thereupon be obliged either by himself or through a duly authorized Agent or Attorney to take over physical possession of the Apartment before or on the date indicated in such “Notice of Possession”. In the event the Allottee(s) fails to take the physical possession of the Apartment in accordance with the said “Notice of Possession”, the delivery of the Apartment shall be deemed to have been taken over by the Allottee(s) on and from the date as indicated in the “Notice of Possession” and the Apartment shall thereafter be held by the Company at the sole risk and consequence of the Allottee(s), besides the holding charges prescribed under Clause 5.c(i).

It is also expressly agreed by the Allottee(s) that any claim to be preferred against the Company with regard to any item of work or part thereof in the Apartment shall only be made prior to taking over the physical possession of the Apartment or the date indicated

in the “Notice of Possession” whichever happens earlier. Thereafter the Allottee(s) shall not be entitled to raise any claim against the Company whatsoever and thenceforth it shall be deemed that the Allottee(s) has no claim whatsoever in this regard.

5c.Holding Charges:

(i)That if the Allottee(s) fails or neglects to take the delivery of the Apartment within the time prescribed under the said “Notice of Possession” issued by the Company under Clause 5.b above, the Allottee(s) shall be liable to pay “Holding Charges” @ Rs. 5/- per

sq. ft. per month, starting from the expiry of the date prescribed in the ”Notice of Possession” till the date the Allottee(s) takes actual physical possession of the Apartment.

The holding charges shall be in addition to the amount payable by the Allottee(s) as

his/her/their share of the Government or Municipal taxes, maintenance or other administrative charges, on a proportionate basis, as determined by the Company or the Maintenance Agency, for the period for which the Allottee(s) has not taken the actual physical possession of the Apartment.

(ii) Compensation for delay in possession:

That subject to the payment of all dues by the Allottee(s) and save and stipulated herein, the Company would pay compensation @ Rs.5/- per Sq. ft. per month for the period of delay in offering the delivery of the said apartment beyond the period indicated in above clause 5.a(i). These charges would be adjusted at the time of Final Notice of possession whereby the Allottee(s) is advised to clear the outstanding dues. The Company will not under any other liability to pay damages or any other compensation to the Allottee(s).

d) Change in Specifications/Super Area:

(i) That the allotment of the Apartment is subject to alterations necessitated during the construction of the Apartment. The Company in pursuance thereof reserves the right to effect suitable and necessary alterations in the layout plan, if and when found necessary. If due to such change, there is any increase/decrease in the super area, the revised price shall be calculated at the original rate at which the Apartment was booked for Allotment.

(ii) It is understood by the Allottee(s) that there can be variations in the Super Area of the Apartment or its location and in such an event, no claim, monetary or otherwise, will be entertained or accepted by the Company, except that the original rate per Sq. mtr./Sq. ft. and other charges will be applicable on any increase or decrease in the area. The Company shall be liable to refund without interest the extra price and other additional proportionate charges recovered from the Allottee(s) or the Company shall be entitled to recover from the Allottee(s) the additional price and other proportionate charges including but not limited to PLC, Maintenance Charges and deposits, without interest, as the case may be.

Alternative property/ Compensation:

That if for any reason whatsoever the Company is not in a position to offer at all the Apartment herein applied for allotment, the Company shall offer the Allottee(s) an alternative property or refund the amount in full with simple interest @ 10% per annum

without any further liability to pay any damages or compensation.

RIGHTS AND OBLIGATIONS OF THE ALLOTTEE(S)

Fire Safety:

That at present the fire safety measures in the Complex and the Apartment has been planned as per existing Fire Safety Norms. If, however, due to any subsequent Central or Local legislation(s)/Government Regulations/orders or directives or guidelines it becomes obligatory on the Company to undertake additional fire safety measures, it is consented by the Allottee(s) that he / she shall be liable to pay proportionate additional charges in respect of such additional measures.

Express Rights:

That save and except in respect of the Apartment to be allotted to the Allottee(s), the Allottee(s) shall have no claim, right, title or interest of any nature or kind whatsoever except right of ingress / egress over or in respect of Complex, open spaces and all or any

of the common areas and the basement of the Complex.

Common Area Possession:

That the possession of the common areas shall remain with the Company, which shall through the Maintenance Agency appointed by it, supervise the maintenance and upkeep of the same until those are taken over by the Apartment Owners Association.

Payment of charges/costs towards Electricity,waterSupply and other amenities:

(i) That the Allottee(s) shall pay to the Company, in proportion to the area of the Apartment, the charges incurred by the Developer towards installation of equipment, setting up of substation and deposits paid to West Bengal State Electricity Board (WBSEB)/New Town Electric Supply Company Ltd. (NETESL) or any other Government/Statutory Authority. The Allottee(s) further agrees to pay to the Developer or to the concerned Authority installation charges for Electric Meter, cable connection charges, security deposit for the Electric meter and energizing charges. The Allottees shall sign and execute all papers, documents, agreements, undertakings as prescribed for the purpose of obtaining electricity, power back up facility and/or any other service or connection in the Complex as and when required by the Company..

(ii) That the Allottee(s) also undertakes to pay on demand to the Company any other Government/Statutory authority the actual cost of electricity, water consumption charges & sewer consumption charges and/or any other charge which may be payable in respect of the said Apartment.

(iii) That the Allottee(s) further undertakes to pay extra charges on account of external electrification as demanded by the Company and/or other Competent Authority or to make further contribution on proportionate basis towards additional facilities or amenities, if any, planned or provided in the Complex apart from those mentioned in Annexure B.   

6.e Entry Regulations:

It is in the interest of the Allottee(s) to help the maintenance agency in effectively keeping the Apartment and the Complex secured in all ways. For the purpose of security, the maintenance agency shall be free to restrict and regulate the entry of visitors into the

Complex.

6. f Nuisance and annoyance:

That the Allottee(s) shall not use the Apartment for such activities, as are likely to be of nuisance, annoyance or disturbance to other occupants of the Complex or those activities which are against law or any directive of the Government or the local authority.

6. g Permitted Use:

That the Allottee(s) shall always use the Apartment for residential purposes and shall not store any goods of hazardous or combustible nature or which can cause damage to the structure and/ or assets of other occupants or the equipment in the Complex

or use the Apartment for any activity which may be immoral or unlawful.

6. h Internal Security:

It is expressly understood that the internal security of the Apartment shall always be the sole responsibility of the Allottee(s).

6. i Apartment's Interior Maintenance & Insurance:

That the Allottee(s) shall carry out the maintenance and interiors of the Apartment at its own cost. The insurance of the Apartment as well as the interiors of the Apartment shall be the responsibility of the Allottee(s) and the Company shall not in any case be held

liable for any damage or loss occurred on account of any neglect or omission of the Allottee(s) or on account of any act of the Third party qua the Apartment or the articles lying in the Apartment.

6. j External Facade:

That the Allottee(s) shall not display any name, address, signboard, advertisement material, etc. on the external facade of the Apartment/Tower/Block as also the Complex. Further as per the existing Fire Safety Norms, the Allottee(s) shall not enclose the

balcony by grills, railings or any other fittings and will keep it open as the balconies shall be refuge platform.

6. k Compliance of Laws:

That the Allottee(s) shall abide by the laws of land, including the local laws and directions of the statutory authorities and terms and conditions of Allotment. In case any penalty or fine is imposed by any government/statutory or other local authority for violation of any law by the Allottee(s), the same shall be paid and satisfied by the Allottee(s).

6. l Taxes and Levies:

(i) That all taxes, levies, assessments, demands or charges levied or leviable in future on the Land or the buildings or any part of the Complex including taxes like Value Added Tax, Works contract Tax, Service Tax, any other tax, both present and future as may be applicable, shall be borne and paid by the Allottee(s) in proportion to the area of the Apartment.

(ii) That the Allottee(s), if an income tax assessee, shall furnish his/her Permanent Account Number (PAN) or Form 60/61, as the case may be.

6. m Alterations in the Apartment:

(i) That the Allottee(s) shall not make any such additions or alterations in the Apartment as may cause blockage or interruption in the smooth flow of common areas and facilities within the Complex and/or to cause any structural damage or encroachment on the structures of the Building(s) in the Complex.

(ii) That the Allottee(s) shall not sub-divide or demolish any structure of the Apartment or any portion thereof or cause to make any new construction in the Apartment without the prior approval and consent of the Company and the local authority, if required. The Allottee(s), however, undertakes that it shall not divide/sub-divide the Apartment in any manner. The Allottee(s) shall also not change the colour and facade of outer walls of his/her Apartment.

6. n Substitution of Nominee(s):

(i) That the Allottee(s) may get the name of his/her nominee substituted in his/her place with prior approval of Company. The Company may permit such substitution on such terms and conditions, as it may deem appropriate upon compulsory payment of Rs. 30/- per sq. ft. of Super Area of the Apartment. This permission shall be in conformity with guidelines if any issued by the local authorities in this behalf. It is understood that substitute of a nominee shall be allowed in case the Apartment has not been conveyed to the Allottee(s).

(ii) That the Allottee(s) shall not assign, transfer, lease or part with possession of the Apartment without taking 'No Dues Certificate' from the Maintenance Agency appointed by the Company or the Association as the case may be.

6. o Bulk supply of Electricity:

That if the permission to receive and distribute bulk supply of electricity in the Said Complex is received by the Company or its nominated Maintenance Agency or the Association, the Allottee(s) herein undertakes to abide by all the conditions of the sanction of bulk supply and to pay on demand, proportionate share of all deposits or charges paid or payable by the Agency to whom permission to receive bulk supply and distribute the same is granted. Subject to the foregoing, the Allottee(s) shall execute a Power Supply Agreement and/or any other document as may be required for this purpose, containing the requisite terms and conditions.

6. p Association of Owners:

That the Allottee(s) undertakes to join the Association of Owners as may be formed by the Company on behalf of the Apartment Owners and to pay any fee, subscription charges thereof and to complete such documentation and formalities as may be required

and/or deemed necessary by the Company for this purpose, failing which the same shall be treated as unpaid portion of the consideration payable by the Allottee(s) herein for the said Apartment and the Sale Deed of the said Apartment may be withheld by the Company till full payment thereof is received by the Company/Maintenance Agency.

6. q Further Papers, Applications, Declarations etc:

That the Allottee(s) shall from time to time sign all applications, papers, documents, maintenance agreement and all other relevant papers, as required, in pursuance to this transaction and do all the acts, deeds and things as the Company may require for safeguarding the interests of the Company and other Apartment Owners or Occupants of the Complex.

6. r Allotment to Sell:

The Allottee(s) may be required to execute, if necessary, a formal agreement for sale in such form as may be prescribed by the Company within 15 (fifteen) days of being required in writing to do so by the Company. Under the existing laws the stamp duty and

registration charges at the applicable rate is leviable on such agreements for sale. Such stamp duty and registration charges shall be payable wholly and exclusively by the Allottee (s).

6. s Further Obligations:

(i) The Allottee(s) herein shall not have any right over and in respect of the covered and uncovered open spaces and/or parking spaces on open area at the said Building/Complex, save and except the parking spaces in open area at the said Building/Complex save and except the parking spaces as are specifically agreed to be allotted/sold to the Allottee(s) by the Company. The uncovered and/or covered parking spaces and open area of the Building/ Complex shall always be deemed to be vesting in the Company, which will be entitled to dispose off the same at its discretion.

(ii) The Allottee(s) shall not be entitled to any right in respect of other apartments and spaces at the said Building/ Complex save the right to use the common parts as may be necessary for the ingress and egress of men and materials to and from the said Apartment and/or for utility pipes, cables and lines to be installed in the said Apartment.

(iii) After the Allottee(s) has been delivered possession of the said Apartment by the Company, the Allottee(s) herein shall hold, occupy, possess and enjoy the same, subject to the various terms, conditions and covenants contained herein.

(iv) The Allottee(s) shall not be entitled to any compensation and/or damages from the Company, if the construction of the said buildings and/or the said Apartment is delayed inordinately due to any act of God or circumstances beyond the control of the Company or for no fault of the Company.

7. REPRESENTATIONS AND OBLIGATIONS OF THE COMPANY

7.a That the Company undertakes to allow the Allottee(s) to hold, use and enjoy the Apartment and every part thereof without creating any unreasonable interruption either by itself or by any person or persons claiming under, for or on its behalf.

7. b That in case the Allottee(s) wants to avail of a loan facility from its employer or financing bodies for purchase of the Apartment applied for, the Company shall facilitate the process subject to the following:

(i) The terms of the financing agency shall exclusively be binding and applicable upon the Allottee(s) only.

(ii) The responsibility of getting the loan sanctioned and disbursed as per the Company's payment schedule will rest solely on the Allottee(s). Any failure in the Allottee(s)'s loan being disbursed or sanctioned or delayed, shall not relieve the Allottee(s) of their responsibility to make the payment of installment to the Developer as per Schedule on the respective due dates, which is the essence of the terms of this Application.

7. c The Company has the right to raise the finance from any bank/ financial institution/ body corporate and for this purpose create equitable mortgage of the said Land in favour of one or more of such institutions and for such an act the Allottee(s) shall not have any objection and the consent of the Allottee(s) shall not be required for such temporary charge, if any, be deemed to have been granted for creation of such charge during the construction/development of the Complex. Notwithstanding the foregoing the Company undertakes to get such a charge, if created, vacated on completion of the Project/Complex and before execution of the deed of conveyance in favour of the Allottee(s).

8. INDEMNITY

That the Allottee(s) shall abide by the terms and conditions of the Allotment and the applicable laws and should there be any contravention or noncompliance of any of the provisions of the Allotment, the Allottee(s) shall be liable for all the consequences in

respect thereof. If any loss is occasioned due to the act or negligence of the Allottee(s), the Allottee(s) shall indemnify the Company for such a loss.

9. GENERAL

9. a Force Majeure:

That if the completion of the Apartment is delayed for reasons of 'Force Majure' which inter-alia include delay on account of non availability of water supply or sewerage disposal connection or electric power or other civic amenities and or non- availability or short supply of steel, cement or any other building material or slow down strike or due to dispute with the construction agency employed by the Company, civil commotion or any reason of war or criminal action or earthquake or any act of God, delay in certain decision/clearances from the statutory bodies or any notice, order, rule or notification of the Govt. or any other public or competent authority or for any other reason beyond the control of the Company and in any of the aforesaid events, the Company shall be entitled to a reasonable extension of time stipulated for delivery of possession of the Apartment. The Company also reserves the right to alter any other term or condition of allotment in the event of any such contingencies, as aforesaid, and if the circumstance is beyond the control of the Company, the Company may defer or suspend the scheme for such period as it may consider expedient and the Allottee(s) agrees that in such an event no compensation or damage of any nature whatsoever will be claimed by the Allottee(s) for such delay or suspension.

9. b Documentation for transfer:

That the Transfer Deed of the Apartment(s) shall be executed and registered in favour of the Allottee(s) after the Apartment(s) have been constructed and the entire consideration together with all other dues and deposits, etc., have been received by the Company. The Deed of Transfer shall be drafted by solicitors/advocates appointed by the Company and shall be in such form and contain such particulars as shall be approved by the Company. If the Allottee(s) do not get the deed executed and registered within the date notified, the cost and consequences of the same, including taxes/ penalties levied by any authority will be to the account of Allottee(s). Each Allottee will also be required to pay to the Company documentation charges @ 0.75% of total price of the Apartment. The Allottee(s) will be required to pay stamp duty, registration charges and other related charges as may be levied by the Government from time to time for registration of the Deed of Transfer of their respective Apartments.

10. FEMA

That the Allottee(s), if resident outside India, shall be solely responsible to comply with the provisions of the Foreign Exchange Management Act, 1999 (FEMA), and/or all other necessary provisions as laid down and notified by the Government or concerned Statutory Authorities from time to time, including those pertaining to remittance of payment(s) for acquisition of immovable property in India. The Allottee(s) shall also furnish the required declaration to the Company on the prescribed format, if necessary. All refunds to Non-Resident Indians (NRI) and foreign citizens of Indian origin, shall, however, be made in Indian Rupees.

11. BREACH

Should the Allottee(s) fail to perform or observe all or any of the stipulations contained herein, the Company shall have the right to cancel the Allotment and the Earnest/ Application amount along with the accrued interest on delayed payment and/or any other

charge due from the Allottee(s), if any, shall be forfeited by the Company.

12. APPLICABLE LAW AND JURISDICTION

That this transaction shall be governed by the laws of India and shall be subject to the jurisdiction of Courts in Kolkata.

13. ARBITRATION

a .All disputes or differences arising out of, in connection with or in relation to this transaction, shall be mutually discussed and settled by the Company and the Allottee(s).

13.b. However, disputes or differences arising out of, in connection with or in relation to this transaction, which cannot be amicably settled, shall be finally decided and resolved by an Arbitrator appointed by the Company in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration as aforesaid shall be a domestic arbitration under the Applicable Laws.

13. c That the venue of arbitration shall be Kolkata and the language for the Arbitration proceedings shall be English.

14. REGISTRATION OF ADDRESS

That in case of Joint Allotment, all communications, demand notices etc. shall be sent by the Company to the Allottee(s) whose name appears first and at the address given by him/her which shall for all purposes be deemed as service on all and each of the Allottee(s) and no separate communication shall be sent to the other named Allottee(s). It shall be the responsibility of the Allottee(s) to inform the Company by Registered A.D. post about all subsequent changes in his address, if any, failing which all demands notices and letters posted at the registered address available with the Company will be deemed to have been received by him/her within such time that these should ordinarily reach such address.

15. Words denoting singular shall include the plural and words denoting any gender shall include all genders.

16. The headings/subheadings/titles/subtitles to clauses, sub-clauses and paragraphs are for information only, shall not form part of the operative provisions of this Application, and shall be ignored in construing the same.

ACCEPTED

1. First Applicant :

Signature: __________________________ Address__________________________________________

Name: __________________________ _________________________________________________

2. Second Applicant :

Signature: __________________________ Address__________________________________________

Name: __________________________ _________________________________________________

Place:........................................................

.

Dated: .......................................................

.

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ANNEXURE

A

Payment Plan

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ANNEXURE

B

Specifications

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