(Authoritative English text of this Department Notification No. TCP-A(3)-1/2016Loose dated 28-09-2017 as required under clause (3) of articl

18 · Selection of Chairperson and other Members of Authority,- (1) As and when vacancy of Chairperson or any other Members in the Authority exist or arise, or is likely to arise, the State Government may make a reference to the Selection Committee in respect of the vacancy to be filled.

29 · Administrative powers of the Chairperson of the Appellate Tribunal.-

4 · The promoter shall disclose the size of the apartment based on carpet area even if earlier sold on any other basis such as super area, super built up area, built up area etc. which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent.

1 · TERMS:

1 · 1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment /Plot] as specified in para G.

1 · 2 The Total Price for the [Apartment /Plot ] based on the carpet area is Rs.

1 · 3 The Total Price is escalation-free, save and except increase which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/ or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/ order/ rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.

1 · 4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan") .

1 · 5 The Promoter may allow, in its sole discretion, a rebate for early

1 · 6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule 'D' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act.

1 · 7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the building is complete and the occupancy certificate or such other certificate by whatever name called/ issued by the competent authority is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is reduction in the carpet area then the Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate prescribed in the Rules, from the date when such in excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in para 1.2 of this Agreement.

1 · 8 Subject to para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment / Plot] as mentioned below:

1 · 9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/ Plot] along with garage / covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and / or linked / combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarifies that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project.

1 · 10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to the liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefore by such authority or person.

1 · 11 The Allottee has paid a sum of Rs. _ (Rupees _ only ) as booking amount being part payment towards the Total Price of the [Apartment / Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment / Plot} as prescribed in the payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein:

2 · MODE OF PAYMENT:

3 · COMPLIANCE OF LAWS RELATING TO REMITTANCES:

3 · 1 The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations 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 Promoter with such permission, approvals which would enable the Promoter to fulfil 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 the Foreign Exchange Management Act, 1999 or the statutory enactments or amendments thereof and the Rules and Regulations of the Reserve bank of India or any other applicable law. The Allottee understands 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 may be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time.

3 · 2 The Promoter accepts no responsibility in regard to matter specified in para 3.1 above. The Allottee shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential

4 · ADJUSTMENT/ APPROPRIATION OF PAYMENTS:

5 · TIME IS ESSENCE:

6 · CONSTRUCTION OF THE PROJECT / APARTMENT:

7 · POSSESSION OF THE APARTMENT / PLOT:

7 · 1 Schedule for possession of the said [Apartment / Plot] – The Promoter agrees and understands that timely delivery of possession of the [ Apartment

7 · 2 Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate or such other certificate by whatever name called/ issued by the competent authority from the competent authority shall offer in writing the possession of the [Apartment / Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify and Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment / plot, as the case may be, to the allottee at the time of conveyance of the same.

7 · 3 Failure of Allottee to take Possession of [Apartment / Plot] – Upon receiving a written intimation from the Promoter as per para 7.2 , the Allottee shall take possession of the [Apartment / Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment / Plot] to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2, such Allottee shall continue to be liable to pay maintenance charges as specified in para 7.2.

7 · 4 Possession by the Allottee – After obtaining the occupancy certificate or such other certificate by whatever name called/ issued by the competent authority and handing over physical possession of the [Apartment/ Plot to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottees or the competent authority, as the case may be, as per the local laws. [Provided that, in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, to the association of allottees or the competent authority, as the case may be, within thirty days after obtaining the completion certificate].

7 · 5 Cancellation by Allottee- The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act:

7 · 6 Compensation- The Promoter shall compensate the Allottee in case of any loss caused to him due to defective title of the lan, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the [Apartment / Plot]:

8 · REPRESENTATIONS AND WARRANTIES OF THE PROMOTER

9 · EVENTS OF DEFAULTS AND CONSEQUENCES:

9 · 1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default, in the following events:

9 · 2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following:

9 · 3 The Allottee shall be considered under a condition of Default, on the occurrence of the following events:

10 · CONVEYANCE OF THE SAID APARTMENT:

11 · MAINTENANCE OF THE SAID BUILDING/ APARTMENT / PROJECT:

12 · DEFECT LIABILITY:

13 · RIGHT TO ENTER THE APARTMENT FOR REPAIRS:

14 · USAGE:

15 · GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT:

15 · 1 Subject to para 12 above, the Allottee shall, after taking possession, be solely responsible to maintain the [Apartment / Plot] at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in to the building or the [Apartment / Plot], of 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 to make additions to the [Apartment / Plot] and keep the [Apartment / Plot], its walls and partitions, sewers, drains, pipe and appurtenances thereto or belonging thereto, in good and

15 · 2 The Allottee further undertakes, assures and guarantees that he/ she would not put any sign-board / name-plate, neon light, publicity material or advertisement material etc. on the face / façade of the Building or anywhere on the exterior of the Project, buildings therein or Common Areas. The Allottees shall also not change the colour scheme of the outer walls or painting of the exterior side of the windows or carry out any change in the exterior elevation or design. Further the Allottee shall not store any hazardous or combustible goods in the [Apartment / Plot] or place any heavy material in the common passage or staircase of the Building. The Allottee shall also not remove any wall, including the outer and load bearing wall of the [Apartment / Plot].

15 · 3 The Allottee shall plan and distribute its electrical load in conformity with the electrical system installed by the Promoter and thereafter the association of allottees and or maintenance agency appointed by association of allottees. The Allottee shall be responsible for any lose or damages arising out of breach of any of the aforesaid conditions.

16 · COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY PARTIES:

17 · ADDITIONAL CONSTRUCTIONS:

18 · PROMOTER SHALL NOT MORTAGAGE OR CREAT A CHARGE:

19 · APARTMENT OWNERSHIP ACT (OF THE RELEVANT STATE):

20 · BINDING EFFECT:

21 · ENTIRE AGREEMENT:

22 · RIGHT TO AMEND:

23 · PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE/ SUBSEQUENT ALLOTTEES:

24 · WAIVER NOT A LIMITATION TO ENFORCE:

24 · 1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not

24 · 2 Failure on the part of the Parties to enforce at any time or for any period of time the provision hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

25 · SEVERABILITY

26 · METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT:

27 · FURTHER ASSURANCES:

28 · PLACE OF EXECUTION:

29 · NOTICES:

30 · JOINT ALLOTTEES:

31 · SAVINGS:

32 · GOVERNING LAW:

33 · DISPUTE RESOLUTION:

6 · Interim order, if prayed for: Pending final decision on the complaint the complainant seeks issue of the following interim order: [Give here the nature of the interim order prayed for with reasons]

7 · Interim order, if prayed for: Pending final decision on the appeal the appellant seeks issue of the following interim order: [Give here the nature of the interim order prayed for with reasons]