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Application Form Orchard Part 2-1

The document contains a request from an allottee to transfer amounts paid for an expression of interest (EOI) in a real estate project to another proposed booking. The allottee had paid an aggregate sum of [amount] as consideration for the EOI. Due to certain circumstances, the allottee is now seeking to be allotted a different unit in the same project and is requesting the developer to transfer the EOI payment amounts for this purpose. The developer is requested to issue a receipt of funds and no dues certificate upon transferring the amounts.

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Aman Kathuria
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0% found this document useful (0 votes)
104 views11 pages

Application Form Orchard Part 2-1

The document contains a request from an allottee to transfer amounts paid for an expression of interest (EOI) in a real estate project to another proposed booking. The allottee had paid an aggregate sum of [amount] as consideration for the EOI. Due to certain circumstances, the allottee is now seeking to be allotted a different unit in the same project and is requesting the developer to transfer the EOI payment amounts for this purpose. The developer is requested to issue a receipt of funds and no dues certificate upon transferring the amounts.

Uploaded by

Aman Kathuria
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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M/s Suposhaa Realcon Private Limited

Unit No. SB/C/2L/Office/017A,


M3M Urbana, Sector-67,
Gurugram – 122 102, Haryana

Re:- No Objection for the Obtaining Additional License in DDJAY Residential Plotted Colony being
developed in Sector-61, Gurugram (“Project”)

Dear Sir,

We are aware that you have acquired additional adjoining land to the Project and about your intention of
acquiring further additional adjoining land to the Project being developed in Sector-61, Gurugram by you
and further obtaining additional license for the same.

I/We hereby grant our unconditional “No Objection” in case you obtain additional License for the additional
land acquired and proposed to be acquired.

Thanking you,

Yours truly,

Name and Signature of Applicant(s) / Allottee(s)

01
M/s Suposhaa Realcon Private Limited
Unit No. SB/C/2L/Office/017A,
M3M Urbana, Sector-67,
Gurugram – 122 102, Haryana

Re: Grant of No Objection for revision in Layout Plans

Dear Sir,

I/We are the applicant(s)/allottee(s) of an Independent Floor Residence/ Unit no. _________________________
___________, Plot No. ________________________________,Block____________________________________,
Type _______________, Floor ___________________________________, situated in “Smartworld Orchard”
being developed in Sector- 61, Gurugram, Haryana, by the Company as part of the larger DDJAY Plotted
Colony.

We have read the Public Notice published by the Company in ___________________________ newspaper
dated __________________________________________ regarding revision by the Company in Layout Plans.

We hereby grant our No Objection to the revision in Layout Plans as proposed by the Company.

Thanking you,

Yours truly,

Name and Signature of Applicant(s) / Allottee(s)

02
M/s Suposhaa Realcon Private Limited
Unit No. SB/C/2L/Office/017A,
M3M Urbana, Sector-67,
Gurugram – 122 102, Haryana

Subject: Consent to/ acceptance of variation/ alteration in allotment of the Unit/Independent Floor
Residence in “Smartworld Orchard”, an integral block/ constituent/ segment of larger DDJAY Plotted
Colony at Sector – 61, Gurugram, Haryana.

Dear Sirs,
In response to the Public Notice in the Newspaper “_________________________________” dated _________
________________________thereby seeking objections, if any, from the existing allottees of the ‘Smartworld
Orchard’, an integral block/ constituent/ segment of larger residential DDJAY Plotted Colony in Sector – 61,
Gurugram, Haryana, I/ we hereby confirm, consent to and declare as follows:-

I am/we are the allottee(s) of Independent Floor Residence/Unit No. _________________________________


in Building No. ________________, Floor__________________________(hereinafter referred to as the “Unit”)
having a carpet area of approx. ___________________ sq. mtr./ _________________________________ sq. ft.

I/ We have seen, viewed and considered now in-principle approved revised plans vide DGTCP Memo No.
_____________________dated ____________________ in company’s office in relation to the Unit allotted to
me/ us.

Further to my/ our discussions with the authorized representatives of the company, details and variations/
revisions have been explained to me/ us to my/ our satisfaction and the same are acceptable to me / us as
per the terms and conditions already communicated to me/ us at the time of initial booking of the Unit in
‘Smartworld Orchard’, without any demur and protest, as the same fully takes care of all my/ our rights and
interest and all our concerns in the project.

Unit No. _______________________ Building No. ___________________

Carpet Area ____________________ sq. mtr. / __________________ sq. ft.

That in view of above, I/ we hereby unconditionally consent to, agree and accept variation/ alteration and
hereby convey my/ our No Objection to the proposed revision of the plans.

Thanking you,

Yours faithfully,

03
M/s Suposhaa Realcon Private Limited
Unit No. SB/C/2L/Office/017A,
M3M Urbana, Sector-67,
Gurugram – 122 102, Haryana

Subject : Grant of No Objection with respect to future development in the Project “Smartworld
Orchard”

Dear Sirs,
I/ We am/ are allottee/s of a Unit meant for Independent Floor Residence bearing Unit No___________________
located on____________________________floor, Plot No._______________, in the_______________________
Block/Building, having carpet area____________________________ sq.ft. (“Unit”) in ‘Smartworld
Orchard’(“Project”) being developed by the Suposhaa Realcon Pvt. Ltd. (“Company”).

That my/ our right, interest and claim in the Project is limited to the Unit and proportionate right/ interest in
the Common Areas of the Building, which has been duly delivered to me/ us. It is stated that the Company
had informed that the Project is envisaged to be developed in a phase wise manner and I/we hereby
undertake and acknowledge that I/ we have no objection to any such future construction/development
that may be carried out by the Company or any associate of the Company as per the applicable Laws and
permissions from the concerned Competent Authorities.

I/ We acknowledge that the common areas of any future phase may be connected with the existing
common areas of the Project and the occupants of such future phase may be given access to the existing
facilities of the Project, subject to receipt of relevant permissions from the Competent Authority/ies, and
further accord my/ our prior acceptance and No-Objection to the same.

I/ We further acknowledge and undertake not to raise any objections with respect to the Company acquiring
additional land, obtaining additional license, revise lay out plans and further revise building plans for the
future development, increase in the licensed area of the Project, and further accord our prior no-objection
to the Company for all the above.

I/ We further acknowledge and confirm that the Company shall have absolute right to get the revised Layout
Plan, Building Plans or any other application approved from the Competent Authorities, with respect to the
future development, including acquisition of additional land, obtaining additional license, construction of
additional area, whether on account of revision of the building plans, increase in the licenced area of the
Project as per permissible policies of the Competent Authorities.

Thanking You,
Yours sincerely,

(Name and Signature of Allottee/s)


Address of the Allottee
____________________________________________________________________________________________

Contact No______________________

04
M/s Suposhaa Realcon Private Limited
Unit No. SB/C/2L/Office/017A,
M3M Urbana Sector-67,
Gurugram Manesar Urban Complex,
Gurugram - 122102 Haryana India

Subject:-Unit No. ____________ allotted in ‘Smartworld Orchard’ Sector-61, Gururgram (Haryana).

Dear Sir,
We, the undersigned have jointly applied for the captioned unit in the proportion defined hereunder:

First Allottee : __________%


Second Allottee : __________%
Third Allottee : __________%
Fourth Allottee : __________%
You are requested to make a record of the same and in case any amount is payable to us, in respect of the
said Unit as per the Buyer’s Agreement, the same may be made in the proportion as defined above.

Yours faithfully,

First Applicant Second Applicant Third Applicant Fourth Applicant

Signature: Signature: Signature: Signature:

Name: Name: Name: Name:

Bank Account Name: Bank Account Name: Bank Account Name: Bank Account Name:

Account No. Account No. Account No. Account No.

Cancelled cheque Cancelled cheque Cancelled cheque Cancelled cheque


attached: attached: attached: attached:

05
SMARTWORLD ORCHARD

SET A – For EOI Payments made through Online / Razorpay Payment Gateway /DD / Cheque favouring

“SUPOSHAA REALCON PVT. LTD.”

1. REQUEST FOR TRANSFER OF AMOUNTS AGAINST EXPRESSION OF INTEREST.


2. RECEIPT OF FUNDS AND NO DUES CERTIFICATE.
3. DEED OF INDEMNITY CUM UNDERTAKING - To be executed on Stamp Paper of 100/- duly notarized.
(All Blanks to be filled and counter signed)

06
Dated:

To,
Suposhaa Realcon Pvt. Ltd.
UNIT NO.SB/C/2L/Office/017A,
M3M Urbana, Sector 67,
Gurugram, Haryana -122102

Re.: REQUEST FOR TRANSFER OF AMOUNTS AGAINST EXPRESSION OF INTEREST.

Dear Ma’am/ Sir,


I/We have made an Expression of Interest (“EoI”) for a proposed booking of unit (“EoI”) in a project of the
Company in the name of __________________________________________________, S/o _________________
_________________________ (“Signee”). That, I/we had tendered an aggregate sum of ___________________/-
(Rupees __________________________________________________ only) as payment towards consideration
towards the EoI (“Consideration”).
We are seeking to be allotted Unit bearing No. _______________ (‘Unit’) in the Project Smartworld Orchard
located at Sector 61, Gurgaon, Haryana (‘Project’) being developed/ developed by the Company.
Owing to certain circumstances & financial constraints, I/we am/are not in a position to hold and continue
with the EoI. Hence I hereby request for cancellation of my EoI.
I further request that the Consideration paid in respect of the EoI, subject to deductions, as applicable,
amounting to Rs. _________________________/- (Rupees __________________________________________
only) which is due to be refunded to me pursuant to the cancellation, be transferred against the account
for the Unit towards the sale consideration in respect of the Unit in the Project and be adjusted against the
payment instalments due in respect of such Unit.
I acknowledge that if the Company accepts my request, it will be a one-time exceptional case, as a gesture
of goodwill by the Company. I further undertake to execute all documents, forms, and do all acts and deeds
necessary to implement the above actions and bring the matter to closure.
I/we undertake to comply with all applicable laws (including but not limited to the Income Tax Act, 1961)
and further undertake to keep the Company indemnified in all respects and by all means, in case of any
consequential action/ claim, if any arise, in pursuance of acceding and acting upon my/our request for such
revocation/cancellation of allotment and transfer of funds thereto.
I/we shall hold no interest/ rights/ claims of whatsoever nature in the EoI and the same shall be absolutely
at the disposal of the Company to deal with the same as may be deemed fit by the Company.
I/we state that we are making this request with our free will and undertake to execute all necessary
documents in furtherance to this request.

Yours sincerely,
Signee:

07
Dated:

To,
Suposhaa Realcon Pvt. Ltd.
UNIT NO.SB/C/2L/Office/017A,
M3M Urbana, Sector 67,
Gurugram, Haryana -122102

Re.: Request dated _____________________________ for transfer of amounts against expression of interest.

Sub: Receipt of funds and No dues Certificate.

Dear Ma’am/ Sir,


We are thankful to the Company for having considered and accepted our request dated _________________
as one-time exception and as a goodwill gesture.
We state that as per our said request, the Company transferred an amount of Rs. _________________ /-
(Rupees ________________________________________________ only) against Unit No. _______________ in
Smartworld Orchard Project. We therefore have no dues to be recovered from the Company under any
head and discharge the Company of all its liabilities and obligations and undertake to not raise any claim
in this regard.
We are hereby also handing over all original documents issued by the Company in respect of the EoI
and state that we hold no interest/ rights/ claims of whatsoever nature in the EoI and the same shall be
absolutely at the disposal of the Company to deal with the same the Company may deem fit.

Yours sincerely,

Allottees

08
TO BE EXECUTED ON Rs. 100/- NON – JUDICIAL STAMP PAPER & DULY NOTARIZED

DEED OF INDEMNITY CUM – UNDERTAKING


This Deed of Indemnity cum Undertaking (“Deed”) has been executed on_______ this day
of___________________, at ______________________.
By
______________________________________________, S/o___________________________________, R/o __
________________________________________________________________________________ having PAN,
(hereinafter referred to as “Indemnifier” which expression shall, unless it be repugnant to the subject, context
or meaning thereof, mean and shall be deemed to mean and include, his/her successors-in-interests and
permitted assigns); of the FIRST PART
IN FAVOUR OF
Suposhaa Realcon Pvt. Ltd. is a company incorporated under the Companies Act, 1956 and existing under
Companies Act, 2013 having its registered office at Unit No. SB/C/2L/Office/017A, M3M Urbana, Sector-67,
Gurugram Manesar Urban Complex Gurugram Gurgaon HR 122102 (hereinafter referred to as the “Beneficiary”
which expression shall, unless repugnant to the subject, context or meaning thereof, mean and shall be
deemed to mean and include, its successors-in-interests and permitted assigns) of the
OTHER PART
WHEREAS, the Indemnifier had submitted an expression of interest (“EoI”) in order to book a unit in a
project of the Beneficiary. The Indemnifier, in respect of the EoI had paid an amount of Rs._______________
(Rupees _________________________________________ only) (“Paid Amount”).
AND WHEREAS, the Indemnifier vide a request letter dated __________ requested the Indemnifier not
to forfeit the Paid Amount and transfer / adjust said amounts subject to the agreed deductions, if any,
amounting to Rs. ____________/- (Rupees _____________________________________________ only)
(“Transfer Amount”) towards a Unit bearing No. ____________ (“Other Unit”) in __________________
project located at _______ being developed by the Beneficiary. The Indemnifier agrees and acknowledges
that upon cancellation of the EoI, although the Beneficiary is entitled to forfeit the Paid Amount, however,
the request by the Indemnifier has been considered as a special consideration.

09
AND WHEREAS, the Indemnifier understands that he/she is making the payment on his/her/their behalf
and shall have no right against the Beneficiary towards the Paid Amounts.

AND WHEREAS, this request has been made with the undertaking, promise and firm assurance that in
pursuance to the Indemnifier’s request, the Indemnifier shall be left with no claims, rights and interests
in the Paid Amount and the EoI. The Indemnifier has accordingly, requested the Beneficiary to transfer /
adjust the Transfer Amount in the manner as mentioned above.

AND WHEREAS the Beneficiary has accepted such request of the Indemnifier, and has agreed for the
adjustment of the Transfer Amount and subsequent transfer/adjustment of amounts paid by the Indemnifier
against the Other Unit, subject however, to the Indemnifier executing this Bond in favour of the Beneficiary.

AND WHEREAS, the Indemnifier(s) out of their free will are executing this irrevocable Deed in this regard.

NOW THIS INDEMNITY BOND WITNESSETH

1. That the Indemnifier acknowledges, upon the request of the Indemnifier, the Beneficiary has agreed to
transfer the Transfer Amount towards the investment made by the Indemnifier in the Other Unit and
accordingly adjust the same against the sale consideration of the Other Unit.
2. That the Indemnifier hereby undertakes that, the Indemnifier shall upon execution of this Deed be left
with no right, title, claim or interest against the Beneficiary and in the EOI and acknowledges that only
the Transfer Amount shall stand adjusted / transferred unto the account of the Other Unit.
3. That the Indemnifier undertakes and acknowledges that the Indemnifier shall not claim or raise any
dispute at any point of time now or in future with respect to the deduction of amounts, if any, from
the Paid Amount, the transfer / adjustment of the Transfer Amount in account of the Other Unit. If any
dispute or claim is raised by the Indemnifier or any third party, the Indemnifier shall be exclusively and
wholly liable for the same and shall keep the Beneficiary, its employees and directors indemnified and
harmless against all such liabilities, by all means and at all times.
4. That the Indemnifier undertakes to keep the Beneficiary indemnified against any loss, claim or damage
that may be caused to the Beneficiary if any objection regarding the same is raised at any time by
the Indemnifier, or any authority or court under any law including but not limited to the Prohibition
of Benami Transaction Act, 1988. Further, this indemnity / undertaking / consensus is being rendered
without any qualifications or conditions and the Indemnifier undertakes not to raise any disputes
hereinafter and in case of any contraventions of the undertakings contained herein, and undertake to
hold the Beneficiary fully indemnified of all claims and actions, legal, statutory or otherwise.
5. That the Indemnifier has not contravened, transgressed or otherwise violated any provision of any of
laws applicable to the Indemnifier and the transaction relating to the said Unit and the Unit including
in particular, any provision of Indian Stamp Act, 1899, Transfer of Property Act, 1882, Income Tax Act,
1961, Foreign Exchange Management Act, 1999, Prohibition of Benami Transaction Act, 1988 and the
notifications, rules and regulations prescribed by the Reserve Bank of India, with respective addendums
and other Acts / regulations in making the aforesaid transactions and if there ever be any loss or
damage and/or liability, duty, fine, award or penalty of whatever nature or description in this regard, the
Indemnifier confirms and agrees that the Indemnifier shall, be and shall remain liable and responsible
for the same, shall hereby bear the same and shall be responsible for any consequences that may
entail. The Indemnifier declares, agrees and confirms to indemnify and always keep indemnified the
Beneficiary against any obligation or liability whatsoever at all times.
6. That the Indemnifier undertakes that the Indemnifier shall be exclusively and wholly liable for the
transfer/adjustment and shall keep the Beneficiary its successors and assigns, directors & employees
harmless and indemnified against any claims, losses, damages, costs including litigation costs, taxes,
duties, etc., of any kind whatsoever, by all means and at all times.
7. That the Indemnifier confirms that the said Deed, for good and valuable consideration, has been
executed out of Indemnifier’s own free will and volition. The Indemnifier further confirms that the

10
present indemnity has not been executed under any force, coercion or undue influence from any
person whosoever.
8. Not withstanding anything as aforesaid, the Indemnifier hereby unconditionally agrees to keep the
Beneficiary indemnified and harmless due to any act of omission and commission, loss, claim or
damage on the part of the Indemnifier with respect to the request, transfer and adjustment pertaining
to the said Transfer Amount and not raise any claim towards the Paid Amount, the amounts deducted
and towards the EoI.
9. That the Indemnifier confirms that this Indemnity Bond is final and binding upon it and its successors-
in-interest in all manners.
10. That the Indemnifiers undertake to abide by the terms and conditions set out in this Indemnity cum
Undertaking and not to dispute the same hereinafter in future.

IN WITNESS WHEREOF the Indemnifier has executed this Deed on the date hereinabove first mentioned
in the presence of the witnesses who have also set and subscribed their respective hands in the presence
of each other.

Signature _______________________________________

Name___________________________________________

Indemnifier

Witnesses:

1.

2.

11

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