Page 1


Agreement or in the computotion of Built-up oreo for colculoting the sole price therefore, the Allottee hos not poid ony money for use or ownership in respect of such oreo, focilities ond omenities. The Allotiee ogrees ond understonds thoi the ownership of lond, oreo. focilities ond omenities vests solely with the Compony ond their usoge monner/method of use/disposoletc. sholl be of the sole discretion of the Compony. All lond excepi the generol commonly used oreo ond focilities wiihin ihe soid eormorked for common use limited to ond precisely listed in Port B of Annexure lV outside the lond underneoth ihe soid Building in which the soid Unit is locoted including


nol limited to those os listed in Annexure lV Port C or ony other focility or omenity os moy provided of the sole option ond sole discretion of the Compony or os moy be provided

occordonce with the direction of ony competent outhority(ies) including but not limited club/community center, schools, commerciol centre, hospitol, fqcilities, ond other ome etc., ore specificolly excluded from the scope of this Agreement ond the Allottee sholl no ownership rights. no right of usoge, no title, no interest or no cloims whotsoever in lond(s), oreos, fqcilities ond omenities, the soid portion of the lond or onywhere in obovesoid complex . The Allottee hereby gives on irrevocoble undertoking to the thot he/she/they sholl never cloim ony rights, title nor ony interest in such obovesoid oreo, focilities ond omenities, including but not limited to those listed in Annexure lV, Port C they ore specificolly excluded from the scope of this Agreement ond ore not included in

computotion of Built-up oreo in ony monner, ond for which the Unit Allottee hos not poid money to the Compony in ony form or monner whotsoever ond thot the Allottee ogrees he/she/they sholl not, of o loter dote, ofter execution of this Agreement, roise ony cloim creote ony dispute in respect of such lond(s). oreos. focilities ond omenities. The Compony, Associotes, its Colloborotors, ore the owners of such londs. oreos, focilities ond omenities

hove the sole right ond obsolute outhority to deol with the some in ony monner including not limited to creotion of rights in fovour of ony other poriy by ihe woy of sole, tronsfer,

joint venture, colloborotion or ony other mode which the Compony moy deem fii in discretion.

For ABW lnfroslruclure Limiled



Aulho sed Signotory(s)








l :r'-c:ked for generor pubric use morked in the royout '"^: -: lime, in ABW Adityo Niketon


pron os moy be opproved folling ouiside the periphery/boundory of the tond

- -^ --e soid Uniis ore plonned to be constructed ore creorly outside the scope of this :2" 2- 'ond the Allottee sholl hove no ownership rights. no exclusive rights, tile or interest -:



whoisoever in such londs. The compony, its Associotes ond its Colloborotors ore -3'j cf some of these londs, oreos, focilities ond omenities, "' ond hove the sole right ond r:i: -'e cuthority to deol in ony monner including bui not limited to creotion of further ' - '::;cur of ony other porfy by woy of sore. tronsfer, reqse or ony other mode which the '- -" --:', -noy deem fii of , its sole discrefion.







: : : --Ee confirms thol he/she/they hove not mode ony poyment ro the compony in ony -' :'-.' whotsoever ond hereby confirms thot the Compony hos noi '-:l-3li promised/represented/given ony impression of ony kind in on explicil or implicit - : - -:' w'hofsoever' thot the Allotiee -



'#l rit

sholl hove ony right, tifle or interest of ony kind 'i:3ver in ony l'i:3vef onv lond' lonr-l building, l^,r ritr,tin^ common oreos, focilities ond omenities folling outside ihe --ce'neoth the soid Building' sove ond except the use generol of commonry used oreo '-3 prrrpose of exit to o neorest public street or rood only) to be identified by the -:-"-:l'y' in its sole discretion ond such identificotion by the compony in its plons for ihe ' -'= :eing in force' sholl be finol, conclusive ond binding on the oll Allottee(s). The compony -:-

:* .


llli ,,]

: :1


-cde it cleor to the Allottee thot it sholr be corrying out ::'3lomeni/consiruction

extensive octivities now ond for long time in future in the entire oreo folling : _-: ls lond underneoth the soid Building in which his/her/iheir Unit is locoted ond thot ihe r ---3e hos confirmed ihoi he/she/theysholl not roise ony objection or : -: poy insiollments in iime os stipuloted in schedure poymenismoke ony croims or of in Annexure ,l on ot inconvenience, if ony, which moy be suffered by him/her/them due to such

r:.ecpment/consiruction or ils incidentol/reloted octivities. lt is mode cleor by the -:--cony ond ogreed by the Allottee thot oll rights incruding the rights of ownership of .-: s)' fociliiies ond omenities (other thon those within the soid Building ond the lond - -:erneoih the soid Building only) sholl vest solely with the compony ond the compony sholl - : " e the sole qnd obsolute outhority io deol in ony monner with such lond, focilities ond

ii ; jr rfi -t"oslruciure limited


- -_,.--\-_ -_ \-. lrq

:,-Jre: Signotory(s)




<-: . \ cr1 -'-<-4-,f, /





omenities including but not limited to creotion of further rights in fovour of ony other porty woy of sole, tronsfer, leose, colloborotion, joint venture, operotion ond monogement or

other mode, which the Compony moy deem fit in its sole discretion. The Compony good foith on this specific undertoking of Allottee in this Agreement hos ogreed to ollot soid Unit ond this undertoking sholl survive throughout the occuponcy of the Unit by Allottee, his/her legol representotives, successors, odministrotors, execulors, ossignees etc.


lt is mode cleor by the Compony ond the Allottee ogrees thot the common oreo ond within the soid Building only (os listed in Port A of Annexure lV) ore for common use of oll occuponts of the soid Building ond thot the generol commonly used oreo ond focilities within soid complex which ore outside the lond underneoth the soid Building (excluding morked oreo) os listed in Port B of Annexure lV ore for common use of occuponts of qll the buildings to

construcied on the soid portion of lond. However, it is specificolly mode cleor to the Allottee his/her/their right to use such common oreq ond focilities within the soid Building (os listed in P of Annexure lV) ond generol commonly used oreo ond focilities (os listed in Port B of Annexure

folling outside the lond underneoth the soid Building excluding the morked porking oreo exclusive use but within ihe soid complex sholl be limited to such qreo os moy be included in Declorotion which moy be filed by the Compony oi its sole discretion in terms of the H Aportment Ownership Act, l9B3 or ony other omendment(s) or stotutory modificotion(s) or enoctments thereof or under the provisions of ony other opplicoble low(s) ond the Allottee ogrees ihot such Decloroiion sholl be binding upon the Allottee. The Allottee hos ossured Compony to foithfully obide by such declorotion. The common oreo ond focilities within the Building (os listed in Port A of Annexure lV) ond the generol commonly used oreo ond within the soid Complex (os lisied in Port B of Annexure lV) sholl be ovoiloble for use by the subject to the timely poyment of mointenonce chorges ond ihe Allottee ogrees thot in lhe fqilure to poy mointenonce chorges on or before due dote he/she/they sholl not hove the use such common oreo ond focilities ond such generol commonly used oreo ond focilities.


lt is mode cleor by the Compony ond understood by the Allottee thot oll other oreo ond f (noi included in Port A ond Port B of Annexure lV) including but not limited to those os listed in

C of Annexure lV or ony other focility or omenity os moy be provided by the Compony of

For ABW Infroslruclure tigflted


/--1 Authorispd


Si g










r pcflv

@lor oad discretion or provided in occordonce with the direction of ony competent outhority(ies) @ mecoucolly excluded from the scope of this Agreement ond, therefore, sholl not form o port of



lec'orotion to be filed in terms of the Horyono Aportment Ownership Act, 1983 or ony other onlrne-srent(s) or stotutory modificotion(s) or re-enoctments thereof or under the provisions of ony ofner :pp{icoble low(s).


o slot

lit es




rofol ;wittin ed

frtgs to


fit ru

-ode cleor by the Compony ond ogreed by Allottee thot the poyment of E.D.C. & l.D.C.

lEttrrc, Development Chorges & lnfrostructurol Development Chorges) sholl olwoys be solely to 'llnre lcc,lunl of Allottee, lo be borne ond poid by oll the Allottees in proportion to the Built-up oreo .lr ther respective Units to the totol Built-up oreo of oll the Units in oll the buildings in the soid icnc,*e,x. Such chorges until the dote of opplicotion by the Alloltee hove been foctored into the ncrna orice poyoble for the soid Unit (os mentioned in Clouse l) herein obove ond ony increose


tl"ts"sn whether with retrospective or prospective effect sholl be odditionolly poyoble by the rdcr'ee for the soid Unit. The Allottee undertokes to odditionolly poy to the Compony, on demond,


:r'\ir rcreose in the E.D.C. & l.D.C. levied, by whotever nome colled or in whotever form ond with oll



ded e


sucr conditions imposed, by the Horyono Government & ony competent outhority(ies) ond such ilrsecse sholl be borne ond poid by the ollottee in proportion to the Built-up oreo of his/her/their nr *c ihe totol Btjilt-up oreo of oll the Units in oll the buildings comprising of the soid Unit os



F,grn;n"6 by the Compony. lf such chorges ore increosed (including with retrospecfive effect)



rfrer rne conveyonce deed executed then such chorges sholl be treoted os unpoid sole price of


1l'e soid Unil ond the Compony sholl hove the first chorge/lien on the soid Unit for recovery of such

t'n ihe

yâ&#x201A;Źrges from Allottee.


rtili,il 'lhe ,rltottee ogrees thot the morked open porking spoce ollotted to him/her/them for exclusive use


si"sl oe understood to be together with the Unii ond the some sholl not hove independent legol

he ev



Ftr(hg spoce independent of the soid


detoched from the soid Unit. The Alloitee undertokes not to sell/tronsfer/deolwith the morked Unit. The Allottee undertokes

to pork his/her vehicle in the

n'-cn<ed porking spoce

nd fo kted in ry ot iis

olloited to him/her/them ond not onywhere else in the soid complex. The Aullc+ee ogrees thot oll such morked porking spoces ollotted to the occuponts of the building(s) Erof nol form port of common oreo ond focilities of the soid Unit. The Allottee ogrees ond confirms

1rc'ihe morked porking spoce ollotted to him/her/them

fu ff,

lrfroslruclure Limiled




Y Allotlee

sholl outomoticolly be concelled in ihe

Allotlee I





event of concellotion, surrender, relinquishment, re-ossumption, re-possession etc of the soid under ony of the provisions of this Agreement.

l.l I

Totol price of the soid Unit mentioned in lhe Schedule of Poyments in Annexure lll of this o is inclusive

of the cost of providing electric wiring ond switches in eoch Unit. The totol price ol

soid Unit does not include the cost of electric fittings & fixtures, opplionces, fons, geysers, ond woter meter etc. which ore to be instolled by the Allottee ot his/her/them of their own cosl.


Poyment for toxes. duties, cesses by Allottee to poy directly or incose olreody poid by the Compony then reimburse to Compony on demond, Govt. rotes, property toxes, weolth tox, service tox, ony oiher tox/duty/c oll ond ony kind by whotever nome colled, whether levied or levioble for the time being in force on

Thot the Allottee ogrees

Agreement or on the soid Complex ond/or building(s) constructed on the soid Portion of lond or the Unit, os the cose moy be, os ossessoble/opplicoble from the

dote of opplicotion of the Allottee ond

some sholl be borne ond poid by the Allottee in proportion to the Built-up oreo of the sqid Unit to the

up oreo of oll the Units in the soid Building/soid Complex os determined by the Compony. Further, Allottee sholl be lioble to poy from the dote of his/her opplicotion house-tox/property-tox or ony tox, fee or cess os ond when levied by ony slotutory Body or Authority ond so long os the soid Unit of

Allottee is not seporotely ossessed to such toxes, fee or cess, the some sholl be poid by the All proportion to the Built-up oreo of the soid Unit to the totol Built-up oreo of olllhe Units in the soid

os determined by the Compony. These toxes, duties, fees, cesses etc. sholl be poid by the


irrespective of the foct whether the mointenonce is corried out by the Compony or its Nominee or other Body or Associotion of oll or some of the Unit Owners.


Amounl poid by Allotlee wilh Applicolion Thot the Allottee hos poid port poyment towords price of the soid Unit ot the time of opplicotion,

receipt of which the Compony hereby ocknowledges ond the Allottee hereby ogrees to poy remoining price of the Unit os prescribed in Schedule of Poyments/Annexure lll ottoched with Agreement olong with oll other chorges, securities etc. os moy be demonded by the Compony the time qnd in the monner specified therein.

For ABW lnlroslruclure Limiled



Alloflee |

----) t;.ft2//y'e I


{lMm'nnrsr Hl,:,n




e t' ---

=--e'ed into this Agreement on the condition thot out of the omount(s) poid/poyoble by

: ' -: --: soid Unit ond the morked porking spoce ollotted to him/her, the Compony sholl rilil I - = ' -': cosic soles considerotion + brokeroge if ony, poid by the Compony in respect of the r : l '-'= ' cs eornest money to ensure fulfillment. by the Allottee, of the terms ond conditions os , : - '-: ::cllcotion ond this Agreement. :: '='33Y outhorises the Compony to forfeit out of the omounts poid/poyoble by "":-' '-: ecrnest money os oforementioned togetherwith ony interest poid, due or poyoble, "

r ' : -:::'jcns or fulfill oll the terms ond conditions set out in the opplicotion ond/or ihis t, : : ,:: - -ed by the Allottee including but not limited to the occurrence of ony event of defoult ::: - - :;se (12) of this Agreement or in the event of foilure of the Allottee to sign ond return -: : )(:riginol form to the Compony within fifteen (15) doys from the dote of its dispotch by -::-. ' " ;: I :'3es thot the condilions for forfeiture of eornest money sholl remoin volid ond effective till ':- l-C registrotion of the conveyonce deed for the soid Unit ond thot the Allottee hereby : '-= lt'npany to effect such forfeiture without ony notice to the Allottee ond the Allottee hos : --: lrlrdition to indicote his/her/lheir commitment to foithfully obide by oll the terms ond ' : : --:ired in his/her/their opplicotion ond this Agreement. rfllrnil,utrrt*

:ti e Cymgnl

'- I ---33 sholl moke oll poyments





.., --





within time period os per terms of Schedule of Poyments os

r-eexure lll of this Agreement ond os moy be demonded by the Compony from time 1o time ' , .' :''/'eminders from the Compony. All poyments other thon E.D.C. & l.D.C. sholl be poyoble - rrrraa _ Jysv Cheque(s)/Demond \ Droft{s) in fovour of 'ABW lnfroslruclure Limiled Escrow Accounl iliriillrr




l'!?O005641'poyoble of New Delhi/Delhi. However, poyments in respect of E.D.C. & l.D.C. sholl

': :- '.aw Delhi/Delhi. Outstotion

,'llt .$.Srilr -r{roslruciure Limited

-: r*,,,,,,rtrr}':


\ -\'{ Ic

s ig


cheques won't be occepted. However, the Compony will send


N^.IAN,J n " ',sF




intimotion to the Allottee regording demond/reoching of o porticulor construction londmork referred the Schedule of Poyments in Annexure lll.


Complionce of Lows reloling to remittqnces Thot the Allottee, if resident outside lndio, sholl solely be responsible for complying with the

formolities os loid down

in Foreign Exchonge Monogement Act,


ond rules ond

thereunder ond ony other opplicoble lows for the time being in force in this regords including thol remittonce of poyment, ocquisition/sole tronsfer of immovqble properties in lndio etc. The Compony not be responsible towords ony third porty moking poyment/remittonces on beholf of the Allottee for under this ogreement ond the Allottee occepts thot such third porty sholl not hove ony right or cloi respect of the present in ony monner whotsoever. ln cose ony permission is ever refused or subseq

found violotion of ony Act/Lows/Notificotion, the Compony sholl hove right to concel/terminote terminote this Agreement forthwith ond forfeit the eornest money ond bolonce omount, if ony, sholl refunded without ony interest ,os per provision of opplicoble lows . The Allottee ogrees thot the

ond/or its group Componies sholl not be lioble in ony monner for ony viololion of the provision of opplicoble Act/Lows.


Adjuslment/Appropriotion of Poymenls Thot the Alloltee outhorises the Compony to odjust/oppropriote oll poyments mode by him/her/them

ogoinst interest/penol interest or outstonding on ony dues if ony in his/her/their nome os the Com moy in its sole discretion deem fit ond bolonce if ony sholl be odjusted


ond the Alloitee

not to object/demond/direct the Compony to odjust such poyments in ony monner otherwise thon decided by the Compony in its sole discretion.


Time is lhe Essence Timely poyment is the essence with respect to the Allottee's obligotions to poy the price of the soid


occordonce with the Schedule of Poyments os given in Annexure lll olong with other poyments such opplicoble stomp duty, registrotion fee, interest free mointenonce security deposit, E.D.C. & l.D.C. other chorges, toxes. duiy, cesses os stipuloted under this Agreement to be poid on or before due or os ond when demonded by the Compony os the cose moy be ond olso perform or observe oll

For ABW Inlroslruclure Limiled



t-./ )-






olory(s )



"ry' Q-/)^t-




- .' -^e Allottee under this Agreement. lt is cleorly ogreed ond understood by the " l rot be obligotory on the porl of the Compony to send reminders regording lhe : . -- I le by the Allottee os per Schedule of Poyments (Annexure lll) or obligotions to be , . r :--:e. However, in cose of ony defoult/deloy in the poyments by the Allottee, the , , :- -, scle option ond discretion, without prejudice to its rights os set out in Clouses (4) ond " . -.-' =-' woive the breoch by ihe Allottee in not moking poyments os per the Schedule of : : - - Annexure lll but on the condition thot the Allottee sholl poy to the Compony ' n.:i' rich sholl be chorged ofter the due dote @ 18% per onnum. lt is mode cleor ond so ' : j ---:e thot exercise of discretion by the Compony in the cose of one Allottee sholl not , , '- : : precedent ond/or binding on the Compony to exercise such discretion in ihe cose = ,

r -


. :

: li!1ll

"::0 '

: 'rot




. -,,.



: -,i'fl]t '-


-:r -' : ' -



- r - Alterotion of the sqid Unit/sqid Building/soid Complex


-r-'-. :-


of lhe soid Unit/soid Building/soid Complex


,- r


i : t'-ees hos seen ond occepted the Schedules of poyment (os given in Annexure lll), : :' : ' ABW Adityo Niketon (os given in Annexure l) tentotive typicol Unit plon (os given in 4 ..,"d. : - ': A 'tentotive specificotions (os given in Annexure V) which ore subject to chonge of the ,. : - :rd discretion of the Compony ond the Allottee hos occepted ond consented to this ' -- 2 construction of ihe soid Building/soid Complex ond the soid Unit including the - =:uipments, plonts ond fixtures to be instolled therein sholl substontiolly be in : - ,: wilh the specificotions os given in Annexure V subject to the right of the Compony to



* : llilrr : : n - ::lll{tr '-:"


--= .:ecificotions in order to substitute moteriols, plonts ond equipmenis or fixtures of similor -' ,,:ject to ony direction from competent outhority or due to force-maieure conditions :': :.yond control of the Compony ond the Allotiee hereby ogrees to this condition. Ihe

" :: -rS further outhorised the Compony to corry out, on his/her/their beholf, such odditions, :'-'. Celetions ond modificoiions in the building plons, floor plons, Unit plons, chonge in -





l- :.s etc. including the number of Unit floors os the Compony moy conslder necessory or - :-':r by ony competent outhority while sonctioning the building plons or of ony time _

- : -'-:-'llihe gront of on occupoiion ceriificote.


-ril *,.


*-tstructure timited


: "[ *:




The issuonce of the




occupotion certificote for


Allotlee o,1



the Building/Complex sholl be the conclusive evidence (issued for the soid Building or for the Complex os the cose moy be) ihot the Building/Complex ond the soid Unit hove been completed in occordonce with the plons ond specificoiions os onnexed to this Agreement or

modificotions thereof ond

ihe Allotiee ogrees ihot upon



occupotion c

he/she/they sholl not moke ony cloim ogoinsl the Compony in respeci of ony item of work in soid Unii which moy be olleged not to hove been corried out or completed or in respect of design, specificotions, building moteriols used or for ony other reoson whotsoever. A copy

the loyout plon of ABW Adityo Niketon qnd tenlotive typicol Unit plon os Annexures I



ottoched to this Agr

ond lA.

Mojor Allerolion/Modificqtion

Allottee hereby ogrees thot chonge in the built up oreo of the soid unit up

olterotion/modificoiion would be occeptoble



due to

to him/her/them, price of the soid unit

odjusted occordingly. Thot in cose of ony mojor olterotion/modificotion resulting in



decreose of more or less thon 15% in ihe Built-up oreo of the soid Unit or moteriol/su chonge, in the sole opinion of ond os determined by the Compony, in the specificotions ol moteriols

to be

used in the soid Building/soid Unit ony time prior

to ond upon the groni

occupotion certificoie. ihe compony sholl intimote the Allottee in writing the chonges thereof

the resultont chonge, if ony, in the price of the soid Unit to be poid by him/her/them ond Allottee ogrees



to the Compony his/her/their written consent or objections


chonges within thirty (30) doys from the dote of dispotch by the Compony of such notice

which the Allottee sholl be deemed to hove given his/her/their full ond unconditionol consenl such olterotions/modificotions ond for such poyments, if ony to be mode in consequence

the written notice of Allottee is received by the Compony within thirty (30) doys of intimoti writing to the Compony indicoting his/her/their rejection/non-consent/objections to olternotions/modificotions os iniimoted by the Compony to the Allottee, then, in such cose the Compony moy of its sole option ond discretion decide to concel this Agreement without

notice ond in such event the Compony sholl refund the entire money received from the excluding interests on deloyed poyments ond non-refundoble deposits with simple interest


@ 6%

onnum within ninety (90) doys from ihe dote of intimotion received by the Compony fr:om

For ABW lnfroslruclure Limiled


Dk\,' .---t/ AulhorKed Signotory(s)



e+ Allotlee




tstiE iEl

upon dispotch of such refund by regisiered post/courier/speed-post/by-hond, the q6rn11ily sholl be releosed ond dischorged from oll its obligotions ond liobilities under this






ond the Allottee ogrees ond outhorises the Compony to resell or deolwith the soid Unit the morked porking spoce thereofter in ony monner whotsoever of the Compony's sole

lEk Fect

d H-hr ]ffi |'E




dJe lo

;rrit Yfl




Unit possession of lhe soid dwelling Unil

Compony bosed on iis present plons ond estimotes ond subject to oll exceptions, Gtcrnplctes to complete construction of the soid Building/soid Unii within o period of thirty six (36) m6iltt6 lrom the dote execuiion of this ogreement unless there sholl be deloy or there sholl be

in Clouses (1,l.,l), (11.2) ond Clouse (36) or due to foilure of ,ap6e1s) lo poy in time the price of the soid Unit olong with oll other chorges ond dues in coodonce with the schedule of poyments given in Annexure lll or os per the demonds roised by b Cornpony from time to time or ony foilure on the port of the Allottee(s) to obide by ony of the h16 or conditions of this Agreement. However, it is ogreed thot in the event of ony time

5lre dre to reosons mentioned


jlq;qJrrt'ng completion of construction of the soid building/soid Unit, the Compony sholl be

Frn ond


to get reosonoble extension of time for completing the some.

Stotutory Act, Notice, Order, Rule

Fons lo lmlice

l;;p fne token in contesting ony


hm lhe obovesoid period of thirty six (36) months.





h cose

fihout I lhe rcst


Gorcnment ond/or ony oiher Public or Competent Authority under Clouse

or Notificotion of the (11.2) will be excluded

lor loking possession

occupotion & use from ihe competent nuilfrority{ies) sholl offer in writing to the Allottee to toke over, occupy ond use the soid Unit in terms d mb Agreement within thirty (30) doys from the dote of issue of such notice ond the Compony ffi trond over the soid Unit to the Alloitee for his/her/their occupotion ond use subject to the

16 the Compony, upon obtoining certificote for


hoving complied with oll the terms ond conditions of this Agreement ond is not in defoult

gty from


Hroslruclure Limited


w Allotlee


Q-q =j"t




Allotlee Allotlee therefore, the Allottee hos not poid ony money for use or ownership in respect of such oreo, focilities ond omenities. The...