Final Multiplex BA M3M Corner Walk
Final Multiplex BA M3M Corner Walk
Final Multiplex BA M3M Corner Walk
The allotment and sale of a Multiplex Unit in the commercial project (‘M3M Corner Walk’)
being developed on part of the licensed land admeasuring 30,197.64 sq. mtrs., situated in Sector-
74, Gurugram Haryana, India, is subject to the set of terms and conditions as set out in the
Agreement for Sale and the Schedules and annexures attached thereto; the provisions of the Real
Estate (Regulation and Development) Act, 2016 (16 of 2016) and the Haryana Real Estate
(Regulation and Development) Rules, 2017 for the State of Haryana, and other Applicable Law.
Upon its execution, the Allottee agrees and confirms of having read, understood and accepted
the entire Agreement containing the detailed terms and conditions and undertakes to faithfully
abide by all the terms and conditions thereof. The Promoter reserves its right to reject and refuse
to execute this Agreement in case any amendment, overwriting, correction, cancellation,
erasure, alteration or modification is made/ suggested in/to any provision of this Agreement by
the Allottee unless as may otherwise be specifically informed in writing by the Promoter.
Upon the execution and registration of the Agreement (Three original sets which shall be duly
registered with and endorsed with the registration particular by the jurisdictional Sub-Registrar
of Assurances), by the Allottee and the Promoter, one duly signed original set of the Agreement)
will be returned to the Allottee for his/her/its/their own record and the one original set will be
retained by the Promoter and third original set will be retained by the jurisdictional Sub-
Registrar of Assurances.
All the terms & conditions, rights and obligations of the parties as contained in the Agreement
shall be subject to the provisions of the Real Estate (Regulation & Development) Act, 2016 and
the Haryana Real Estate (Regulation & Development) Rules, 2017 and regulations made
thereunder and any other Applicable Law. Any provision of the Agreement which is
inconsistent or contradictory to the Real Estate (Regulation & Development) Act, 2016 (read
with the Haryana Real Estate (Regulation & Development) Rules, 2017 and regulations made
thereunder and the Applicable Law) shall not have any effect and be deemed to be void.
THIS AGREEMENT FOR SALE (“Agreement”) executed on this __ day of ______, 201__,
By and Between
AND
AND/OR
AND/OR
___________________________________________________________, a company
incorporated under the Companies Act, 1956 and existing under the Companies Act, 2013 and
existing under the Companies Act, 2013 (CIN # ____________________________,PAN No.
____________________________), having its registered office at
_____________________________________________________________________________
_______ , acting through its duly constituted and authorized signatory, Mr./Ms./Mrs.
____________________________, son/ daughter/ wife of Mr.
____________________________ (Aadhar No. ____________________________ / UID No.
____________________________) duly authorized vide Board Resolution dated __/__/20__,
which is still valid, subsisting and has not been revoked;
AND/OR
AND/OR
(hereinafter singly/jointly, as the case may be, referred to as the “Allottee”, which term or
expression shall, unless it be repugnant to the subject, context or meaning thereof, mean and be
deemed to mean and include in case of (i) individual/ proprietorship firm - the Allottee’s legal
heirs, legal representatives, executors, administrators, successors and permitted assigns; (ii)
partnership firm/ LLP/ HUF - all the partners of the Firm/ LLP/ Karta and each member of the
HUF/ Firm/ LLP along with their respective legal heirs, legal representatives, administrators,
executors, successors and permitted assigns; (iii) company/ society/ trust - its successor(s)-in-
interest and permitted assign(s); as the case may be) of the SECOND PART.
The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and
individually as a “Party”.
WHEREAS:
A. The Promoter is the sole, absolute and lawful owner of the licensed land admeasuring
approximately 30,197.64 sq. mtrs. situated in the Revenue Estate of Village Begampur
Khatola, Sector-74, Gurugram (Gurgaon), Haryana, India and as more particularly described
in ‘Schedule A’ hereto (the “said Land”) vide registered title documents, duly registered in
the office of the jurisdictional Sub-Registrar.
B. The Promoter has obtained License No. 121 of 2008 dated 14.06.2008 (hereinafter referred
to as the “License”) from DGTCP / DTCP under the provisions of the Haryana
Development and Regulation of Urban Areas Act, 1975 and the rules made thereunder. The
Project is being developed on part of the licensed land admeasuring 30,197.64 sq. mtrs. for
the construction and development of the commercial project / mixed use land with efficient
retail, including multiplex, food and beverage outlets, food court, fine dining restaurants,
high end condominiums and office space(s) thereon in a planned and phased manner over a
period of time under the name and style of “M3M Corner Walk” ( “Project”).
DEFINITIONS:
For the purpose of this Agreement, in addition to the terms defined elsewhere in this Agreement
unless the context otherwise requires the following terms as used in this Agreement, shall have
the same meanings as assigned to them hereunder and words and expressions not specifically
defined hereunder shall have the meanings as the context in which they are used may ordinarily
demand and as may be consistent with the intent and meaning of the provisions wherever used in
this Agreement. When not capitalized, such words shall be attributed their ordinary meaning:-
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);
(b) “Agreement” shall mean this Agreement for Sale executed by the Promoter and the
Allottee along with its recitals, annexures, schedules and terms and conditions for the
allotment of the Unit in the said Project;
(c) “Apartment Ownership Act” shall mean the Haryana Apartment Ownership Act, 1983
and Rules thereof, including any statutory enactments or modifications thereof;
(d) “Applicable Laws” shall mean and include any applicable Central, State or local laws,
statutes, ordinances, rules, regulations, codes, bye-laws etc. including amendments/
modification thereto, any Government notifications, circulars, office orders, directives,
guidelines, policies, notifications etc. or any Government order or direction, judgment,
decree or order of a judicial or a quasi-judicial authority whether in effect on the date of
INTERPRETATION:
Unless the context otherwise requires, in this Agreement:-
(a) Heading and bold typeface are only for convenience and shall be ignored for the purpose
of interpretation.
(b) The Recitals, Annexures and Schedules to this Agreement are an integral part of this
Agreement and shall have the same force and effect as if set out in the body of this
Agreement.
(c) The table of contents and headings and sub-headings in this Agreement are for
1. TERMS
1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to
sale to the Allottee and the Allottee hereby agrees to purchase, the Unit as specified in
Recital I.
1.2 The Total Consideration for the built-up Unit along-with Car Parking Space(s) (if
applicable), as stated herein, based on the Carpet Area is ₹. _____________ (Rupees
________________________________________ only) (“Total Consideration”) and
description of the Total Consideration is provided in ‘Schedule D-Part I’ herein. In
addition to the Total Consideration, the Allottee shall be liable to pay additional charges
towards maintenance and common facilities for the common areas and the Multiplex
Specific Common Area and Facilities, including power back up as described in
‘Schedule D-Part II’ (“Other Charges”). The Allottee shall make the payment as per
the payment plan (“Payment Plan”) set out in ‘Schedule D-Part III’;
1.3 The Total Consideration is escalation-free, save and except increases which the Allottee
hereby agrees to pay, to the extent payable to the Competent Authority and/or any other
increase in the Total Consideration as may be levied or imposed by the Competent
Authorities from time to time, which the Allottee shall be liable to pay proportionately
along with other allottees in the Project. The Allottee also agrees that in case of any
decrease (including with retrospective effect, if any) as may be notified by the Competent
Authorities, the same shall be adjusted proportionately in favour of the Allottee, and such
adjustment shall be made from the next installment due from the Allottee following the
intimation of such decrease by the Promoter / Competent Authority, as the case may be.
The Promoter undertakes and agrees that while raising a demand on the Allottee for
increase in Total Consideration attributable to cost / charges / fees / levies / etc as may be
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 for the next installment due from the Allottee following the intimation of such
increase by the Promoter/ Competent Authority. Provided that if there is any new
imposition or increase of the Total Consideration 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 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 D-
Part III’ (“Payment Plan”).
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of
installments payable by the Allottee for such period by which the respective installment
1.6 It is agreed that the Promoter shall not make any material additions and alterations in the
sanctioned building plans, layout plans / demarcation-cum-zoning plans and the
specifications, amenities and facilities as described herein at ‘Schedule E’ (which shall
be in material/overall conformity with the advertisement, prospectus etc. on the basis of
which sale is effected) in respect of the Unit or Building, as the case may be, without the
prior written consent of the Allottee as per the provisions of the Act and Rules made
thereunder or as per the approvals / instructions / guidelines of the Competent
Authorities. 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 and Rules made thereunder or as per the approvals / instructions /
guidelines of the Competent Authorities, or such other changes as may be required to
make the enjoyment of the Project comfortable and convenient for the allottees /
occupants / users at large.
1.7 The Allottee has been informed and made to understand that in case any specifications
qua the Project or part thereof are required to be varied/ altered/ modified in the best
interest of the allottees and/ or the development, the Promoter shall be entitled to carry
out such modifications, alteration, variations as per the applicable law and/ or prudent
industry practice and which are reasonable and justifiable and the Allottee agrees not to
agitate upon the same either individually or collectively with others. The above shall in
no manner be interpreted to prejudice the rights and interests of the Allottee.
1.8 The Promoter shall confirm the final Carpet Area of the Unit that has been allotted to the
Allottee after the construction of the Building/Unit, as the case may be, is complete and
the occupancy certificate / part occupation certificate (as the case may be) is granted by
the Competent Authority The Total Consideration payable for the Unit Area after taking
into account the revised 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 the Allottee within 90 (ninety) days with annual interest rate as
prescribed in the Rules, from the date when such an excess amount was paid by the
Allottee. If there is any increase in the Carpet Area, which is not more than 5% (five
percent the Promoter may demand the applicable revision in the Total Consideration from
the Allottee as per the next milestone of the Payment Plan as provided and set out in
‘Schedule D-Part III’. All the monetary adjustments shall be made at the same rate per
square feet as agreed in ‘Schedule D’ of this Agreement.
1.9 If the increase in the Carpet Area of the Unit is more than 5% (five percent) and such
variation is not acceptable to the Allottee, every attempt shall be made to offer an
1.10 Subject to Clause 9.3, the Promoter agrees and acknowledges that the Allottee shall have
the right to the Unit along with parking space, if any, as mentioned below:
(i) The Allottee shall have exclusive ownership of the Unit for commercial usage as
a Multiplex Unit along with the car parking space(s), as applicable.
(ii) The Allottee shall have the undivided proportionate share in the Common Areas
as provided for under the Act read with Rule 2(1)(f) of Rules (as finally notified
and made applicable), and although such proportionate share has been included in
the computation of Carpet Area of the Unit, such inclusion does not confer any
exclusive title or interest in any of the Common Areas to the Allottee. The share /
interest of Allottee in the Common Areas cannot be divided or separated, the
Allottee shall use the Common Areas along with other allottees, occupants,
maintenance staff etc., without causing any inconvenience or hindrance to them.
The Common Areas and the undivided proportionate share of the Allottee therein
shall be specified by the Promoter under the Declaration to be filed under the
Apartment Ownership Act. It is clarified that the Promoter shall hand over the
Common Areas to the Association of Allottees / Competent Authorities, as the
case may be, after duly obtaining the occupation certificate / part occupation
certificate / part completion certificate/ completion certificate from the Competent
Authority, as the case may be, as may be as provided in the Rule 2(1)(f) of Rules.
(iii) The Allottee shall have the right to exclusive use but no title to the allotted car
parking space(s), if any.
(iv) The Allottee has the right to visit the Project site to assess the extent of
development of the Project and his Unit, but will follow the safety guidelines of
the Promoter including the proper documentation, if any, for such visit. For any
such site visit, the Allottee shall have to give an advance written request for the
same and the Promoter shall arrange the site visit of the Allottee accordingly. The
Promoter and persons claiming under / through the Promoter shall not be held
responsible / accountable for any loss or damage which may be suffered by the
Allottee on account of any accident / mis-happening that may occur/happen to the
Allottee and/or any other person accompanying the Allottee and/or to the property
of the Allottee and/or of such other person, at the time of such inspection.
1.12 The Allottee agrees and understands that car parking shall only be permitted in the
demarcated car parking spaces and the Allottee shall not use any other car parking space /
other area that may be used / reserved for services, maintenance staff and the like for
parking vehicles. In addition, the car parking spaces shall not be used for any other
purpose including storage of any equipment or materials of any kind, howsoever
temporarily. The car parking spaces shall be appropriately ground-marked by the
Promoter as allocated at the time of handing over of possession of the units, and the
Allottee agrees that he shall not in any manner modify / change such car parking spaces
and shall not raise any structure, temporary or permanent, in any such car parking spaces
are allocated to the Allottee at any time.
1.13 The Allottee undertakes that the Allottee shall not allow the usage of the car parking
space(s), if any, allotted to it by the Promoter to any other person, for any purpose
whatsoever including for the purposes of car parking. The Allottee undertakes to park his/
her/ its/ their vehicle in the car parking space(s), if any, marked and allotted with number
of the allotted Unit and not anywhere else in the Project.
1.14 The Promoter hereby clarifies that the Allottee shall have no right, title and interest in the
car parking spaces other than those allotted to the Allottee, anywhere in the Project and
the Promoter, at its sole discretion, shall have absolute right to deal with the same as per
Applicable Laws.
1.15 The Promoter agrees to pay all outstandings before transferring the physical possession of
the Unit to the Allottee, which it has collected from the allottees, for the payment of such
outstanding (including land cost, ground rent, municipal or other local taxes, charges,
levies etc., charges for water and/or electricity, maintenance charges, including mortgage
loan and interest on mortgages and/or other encumbrances and such other liabilities
payable to Competent Authorities, banks and financial institutions and other lending
entities, which are related to the Project). If the Promoter fails to pay all or any of the
outstanding(s) collected by it from the allottees or any liability, mortgage loan and
interest thereon before transferring the Unit to the Allottee, the Promoter agrees to be
liable, even after the transfer of the property, to pay such outstanding(s) and penal
charges, if any, to the Competent Authorities or Person to whom they are payable and be
liable for the cost of any legal proceedings which may be taken therefor by such
Competent Authorities or Person.
Provided that if the Allottee defaults / delays in payment towards any amount which is
payable, the Allottee shall be liable to pay interest for the delayed period to the
Promoter, at the interest rate as prescribed in the Rule 15 of Rules computed on and from
the due date. “Earnest Money” will be 10% of the Total Sale Consideration.
1.17 The Allottee agrees and understands that the scope of this Agreement is limited only to
the terms and conditions for the conveyance of the Unit for the Total Consideration
herein agreed. The amount as setout hereinafter in this Agreement and payable by the
Allottee in accordance with the Payment Plan in ‘Schedule D-Part III’ is solely in
consideration for the conveyance of the Unit (being an immovable property).
1.18 In case the Promoter enriches / enhances the specifications of the Unit on the express
instructions and advise of the Allottee as accepted by the Promoter and/or provides
additional amenities and facilities over the norms specified by the Competent Authority
in this regard, then the Promoter shall be entitled to raise the demand of such additional
sums for such additional service(s)/ specification(s) to the Allottee as additional costs
and charges and the Allottee agrees to pay the same to the Promoter, without any delay,
demur and protest.
In case the Promoter is required to make any additional provisions for and additional /
specific provisions of certain specifications for and in relation to the units and/or for any
additional features and services at the Project (including installation or make provision
for alternate sources of generation / distribution of electricity or additional fire safety
measures over and above those required as per existing rules and regulations), which
results from any directives / instructions of the Competent Authority under the
Applicable Law (but not occasioned due to any default of the Promoter), then the
Promoter shall be entitled to raise the demand of such additional sums for such
additional specification(s) to the allottees of the units as additional costs and charges and
the Allottee agrees to pay the same proportionately to the Promoter, without any delay,
demur and protest.
1.19 The Promoter shall carry out the internal development within the Project, which inter
alia, includes laying of roads, water lines, sewer lines, electrical lines etc. However, it is
understood that external linkages for these services beyond the periphery of the Said
Land, such as water lines, sewer lines, storm water drains, roads, electricity, and other
such integral services are to be provided by the Competent Authorities. The Promoter is
dependent on the Competent Authorities for providing such external linkage and the
Promoter shall not be responsible for such unfinished works, save and except towards
In the event the Competent Authorities are not able to provide such external facilities by
the time the Unit is handed over to the Allottee, then the Allottee agrees and understands
that such services and facilities shall have to be availed through Third Party agencies /
vendors (such as, power-back up facility through DG sets and water tanker facilities) for
which charges shall be payable by all the allottees, as determined by the Promoter /
Association of Allottees.
1.20 The Allottee understands and agrees that the Total Consideration is inclusive of cost of
providing electric cable from the main electric panel/ Electric Substation (ESS), if
provided, within the Project up to the distribution board in each Unit, it also includes the
cost of development of electrical infrastructure including electrical wiring; electrical
appliances connected to the units (as applicable); lifts, plumbing, the cost of finishing of
the unit (including painting, flooring, tiling, fixation of doors, windows, firefighting
system and all other facilities and amenities) as approved by the competent Authority.
1.21 The Allottee understands and agrees that if the Promoter and/or the Maintenance
Agency/ Association of Allottees, or their nominated agency, applies for and thereafter
receives permission from Dakshin Haryana Bijli Vitran Nigam Ltd. (DHBVN) or from
any other body/ commission/ regulator/ licensing authority constituted by the Statutory
Authority/ Government of Haryana/ Government of India for such purpose, to receive
and distribute bulk supply of electrical energy in the Project, then the Allottee agrees to
abide by all the conditions of sanction of bulk supply including but not limited to waiver
of the Allottee’s rights to apply for individual/ direct electrical supply connection
directly from any authority/ body responsible for supply of the same. Additionally, the
Allottee undertakes to pay on demand to the Promoter proportionate share as determined
by the Promoter of all deposits and charges paid/ payable by the Promoter or the
Maintenance Agency/ Association of Allottees to DHBVN/ any other body/ commission/
regulatory/ licensing authority constituted by the Government / Government of India/
Competent Authority. The Allottee agrees to pay any increase in the deposits, charges
for the bulk supply of electrical energy as may be demanded by the Promoter/ the
Maintenance Agency/ Association of Allottees from time to time.
1.22 The Allottee hereby confirms and agrees that the Promoter shall be liable and
responsible only for and in relation to the written communication through its authorized
personnel and Promoter, its officials and authorised representatives shall in no manner be
liable and bound by any communication in any form exchanged between the Allottee and
any real estate agent and/ or any third parties and/or Person and/ or any agreement or
understanding arrived at with the aforesaid persons.
1.23 The Allottee agrees and understands that the process of the development of the Multiplex
and the Project till the handover, is subject to various internal projections, Government
directions, compliances, clearances and restrictions under various Applicable Laws as
1.24 In case the Promoter enriches the specifications of the Multiplex Unit or is required to
make any additional provisions of the specifications for and in relation to the Multiplex
and/or for any additional features and services as per the advise / directives / instructions
of the Competent Authority in this regard and/or otherwise as a result of the arrangement
and understanding qua the Multiplex with the Multiplex Operator for & on behalf of the
allottees of the various units in the Multiplex and /or as a result of such arrangement for
the specific costs and expenses for such specifications / additional provisions / services,
then the promoter shall be entitled to raise the demand of such additional sums for such
additional service(s)/ specification(s)/additional provision(s) to the allottees of the units
in the Multiplex as additional costs and charges and the Allottee agrees to pay the same
proportionately to the Promoter, without any delay, demur and protest.
1.25 The Allottee understands and agrees that although the Common Areas and Facilities of
the Project in general and the Multiplex Specific Common Area and Facilities in
particular have also been included in the computation of Multiplex Unit Super Area such
inclusion does not confer any exclusive title or interest in any of the Common Areas and
Facilities of the Project in general and the Multiplex Specific Common Area and
Facilities in particular to the Allottee except to the extent as provided for in the Act and
the Rules, who otherwise shall have the undivided interest in such Common
Areas and Facilities of the Project in general and the Multiplex Specific Common Area
and Facilities in particular and the limited and regulated right to use the same subject to
observance and compliance of the obligations under this Agreement and thereafter under
the Conveyance Deed/ Deed of Declaration and as may be stipulated in the Maintenance
Agreement to be executed by the Allottee including without limitation the timely
payment of all the charges thereof.
2. MODE OF PAYMENT
2.1 Subject to the terms of the Agreement and the Promoter abiding by the construction /
development milestones, the Allottee shall make all payments, on written demand by the
Promoter, within the stipulated time as mentioned in the Payment Plan in ‘Schedule C-
Part III’ hereto through A/c Payee cheque / demand draft / bankers cheque or online
payment (as applicable) in favour of ‘PEPL M3M CORNER WALK COLLECTION AC’
payable at Gurugram / New Delhi. The Promoter reserves the right to amend or change
2.2 The Allottee is under legal obligation as per provisions of Section 194 IA of the Income
Tax Act, 1961 (effective from 01st June 2013) to deduct tax at source (TDS) @ 1% (one
percent) from each instalment / payment. The Allottee shall be required to submit TDS
certificate and challan showing proof of deposit of the same within 7 (seven) days from
the date of remittance of payment to the Promoter so that the appropriate credit may be
allowed to the account of the Allottee.
2.3 The Allottee shall make all payments in time as per the Payment Plan opted by the
Allottee and other applicable dues as may be demanded by the Promoter from time to
time.
2.4 All payments shall be subject to realization and the date of credit into the Promoter’s
bank account shall be deemed to be the date of payment. It shall be the obligation of the
Allottee to ensure that each payment is made in such time that the amount due is credited
into the said bank account on or before its due date. The Allottee also understands and
agrees to be liable and responsible for all payments including any payments by any Third
Party (on his behalf) made to the Promoter in respect of the Unit.
2.5 In case the Allottee has opted for a construction-linked payment plan, the Promoter,
subsequent to time-linked installments, shall send call/demand notices for installments at
the address/e-mail of the first-named Allottee available in the records of the Promoter,
and such call/demand notices shall be deemed to have been received by the Allottee: (i)
within five (5) days of dispatch by the Promoter, in case sent by speed post / courier; and
(ii) immediately, in case sent by e-mail. It is understood and accepted by the Allottee that
time linked demands including excavation shall be common for the Project and it is only
upon start of construction that demands shall be governed by construction-linked
payment plan.
2.6 The Allottee understands and agrees that although the Allottee may obtain finance from
any financial institution/ bank/ entity or any other lawful source for the purchase of the
Unit as may be permissible under Applicable Law however the Allottee’s obligation to
make timely payments for the Unit pursuant to this Agreement shall not be contingent
upon the Allottee’s ability, capacity or competence to obtain or continue to obtain such
financing. The Allottee shall, regardless of any financing, remain bound under this
Agreement for fulfilling all obligations relating to the payments of all dues relating to the
Unit. The rights of the financial institution / bank/ entity shall be subservient or
equivalent to the rights of the Allottee under this Agreement and shall not be more or
better than that of the Allottee. The Allottee agrees and understands that the Promoter
shall not be under any obligation whatsoever to make any financial arrangements for the
Allottee and the Allottee shall not omit, ignore, delay, withhold, or fail to make timely
2.7 Further, any refund to be made in terms hereof, shall be made to the Allottee strictly in
terms of the financial arrangement and understanding and the lending facility agreement
entered into between the Allottee and his bank / financial institution / Non-Banking
Financial Company / other lending institution / lending entity from whom the Allottee
has raised loan / finance for purchase of the Unit. In cases of any such refund being made
by the Promoter directly to the bank / financial institution / Non-Banking Financial
Company / other lending institution / lending entity, the same shall be deemed as a refund
to the Allottee for the purposes of this Agreement in full and final satisfaction and
settlement of account of the Allottee in respect of and in relation to the Unit against the
Allottee as well as such bank / financial institution / Non-Banking Financial Company /
other lending institution / lending entity and no other claim, monetary or otherwise shall
lie against the Promoter and the Unit.
2.8 Save and except in the case of any bank/ financial institution/ entity with whom any
agreement has been separately executed for financing the Unit, if any, the Promoter shall
not accept any payments on behalf of the Allottee from a Third Party, unless the same is
accompanied with a no-objection certificate from such Third Party as per the approved
format of the Promoter, failing which the Promoter may in its sole discretion reject the
same and return the said payment directly to said Third Party. The Promoter shall not be
responsible towards any Third Party that has made payments or remittances to the
Promoter on behalf of the Allottee and any such Third Party shall not have any right, title
and/or interest against the Unit and/or under this Agreement whatsoever. The Promoter
shall communicate only with the Allottee and shall issue its payment receipts only in the
name of and to the account of the Allottee.
3.2 The Promoter accepts no responsibility in regard to matters specified in Clause 3.1 above.
The Allottee shall keep the Promoter fully indemnified and harmless in this regard.
Whenever there is any change in the residential status of the Allottee subsequent to the
signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the
same in writing to the Promoter immediately and comply with all necessary formalities,
as specified and under the Applicable Laws. The Promoter shall not be responsible
towards any third party making payment / remittances on behalf of any Allottee and such
third party shall not have any right in the application / allotment of the said Unit applied
for herein in any way and the Promoter shall be issuing the payment receipts in favour of
the Allottee only.
4 ADJUSTMENT/APPROPRIATION OF PAYMENTS
The Allottee authorizes the Promoter to adjust / appropriate all payments made by the
Allottee under any head(s) of dues against lawful outstanding of the Allottee against the
Unit, along with car parking space(s), if any, in his / her / its name and the Allottee
undertakes not to object / demand / direct the Promoter to adjust his payments in any
manner.
The Allottee agrees that the Promoter shall adjust amounts received from the Allottee
first towards statutory levies and then towards interest on overdue installments and
thereafter, towards overdue installments or any other outstanding demand and finally, the
balance, if any, would be adjusted towards the current installment or current dues.
5 TIME IS ESSENCE
5.1 The Parties agree that time shall be of essence for this transaction. The Allottee shall pay
the amounts due within the due dates as per the Payment Plan in ‘Schedule D-Part III’
hereto. The Promoter shall abide by the time schedule for completing the Project as
disclosed at the time of registration of the Project with the Authority and towards handing
over the Unit along with car parking space(s), if any, to the Allottee and the Common
Areas to the Association of Allottees or the Competent Authority, as the case may be as
provided under Rule 2(1)(f) of the Rules.
6.2 The Promoter shall develop the Project in accordance with the bye-laws such as Haryana
Building Code, 2017, FAR, density norms, provisions prescribed, approved plans, terms
6.3 The construction of the Multiplex Unit including all materials, equipment, fittings and
fixtures shall be in accordance with the specifications as given herein (and also as per the
arrangement and understanding regard the Multiplex with the intended Multiplex
operator/lessee(s) for and on behalf of and for the mutual benefits and enjoyment of all
the allottees of the various units in the Multiplex).The Promoter shall be entitled to
change any specification, material, fixtures and fittings and use any other material,
fixtures and fittings of the like/similar quality in case any such material, fixture and
fittings are not available or if the change is required by the Multiplex operator for and on
behalf of and for the mutual benefits and enjoyment of all the allottees of the various
Multiplex units. Further, the same shall be subject to any direction from any Competent
Authority or due to Force Majeure conditions or reasons beyond the control of the
Promoter and the Allottee hereby specifically agrees to this condition. It is further agreed
between the Parties that the Promoter may at its sole discretion consider request of the
Allottee as per the arrangement and understanding regarding the Multiplex with the
intended Multiplex operator (for and on behalf of and for the mutual benefits and
enjoyment of all the allottees of the various Multiplex units in the Multiplex) for any
change/ additional work pertaining to the Multiplex Unit as finally agreed to between the
Promoter and the Allottee and the Allottee understands and agrees that the same shall be
done at an additional cost payable by the Allottee.
7.2 It is further agreed between the Parties that the Allottee shall not raise any objection, or
refuse to take possession of the Unit on any pretext whatsoever, if the possession of the
same is being offered duly completed with all Specifications, Amenities, Facilities as
mentioned in ‘Schedule E’ hereto, any time prior to the Commitment Period.
7.4 The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter
to implement the Project due to Force Majeure and above mentioned conditions, then this
allotment shall stand terminated and the Promoter shall refund to the Allottee the entire
amount received by the Promoter from the allotment within 90 (ninety) days. The
Promoter shall intimate the Allottee about such termination at least thirty days prior to
such termination. After refund of the money paid by the Allottee, the Allottee agrees that
he/ she / they shall not have any rights, claims etc. against the Promoter and that the
Promoter shall be released and discharged from all its obligations and liabilities under
this Agreement.
7.5 Subject to the Applicable Law, if on account of any reasonable and justifiable reason the
development of M3M Corner Walk in which the Unit has been booked by the Allottee
cannot be proceeded with further, then in such an the event, the Promoter in its discretion,
may offer to the Allottee a unit in a development of the same strata in any other project of
the Promoter or its associates/ affiliates or any third party so as to place the Allottee in a
same justifiable position as under this Agreement.
7.6.2 The payment demands pursuant to the Notice for Offer of Possession shall be made
within the time period as prescribed in the demand notice.
7.6.3 The Promoter agrees and undertakes to indemnify the Allottee in case of failure of
fulfillment of any of the provisions, formalities, documentation on part of the Promoter.
7.6.4 Prior to handover of possession, the Allottee and the Promoter agree to conduct a joint
inspection of the Unit so that in the event of any incomplete works, defects, poor
workmanship therein, the same can be attended to by the Promoter. If the Allottee
ignores, neglects or otherwise fails to do so and/or if the Allottee fails to pay all dues
payable under this Agreement and/or to assume possession of the Unit within such
prescribed time period, the Allottee shall not be entitled to make any such claim at any
point thereafter. The Allottee agrees that it shall resolve complaints, if any, with regard to
the construction or quality of workmanship of the Unit which have been directly executed
by the Promoter, prior to assuming possession. The Allottee also agrees and understands
that the Promoter shall not be held responsible or liable for giving any warranty of
movable items / appliances which have been part of the Unit and for which manufacturer
of the said items is responsible such as air conditioners, fittings, fixtures cables, wires,
bulbs etc. as the same shall be governed by the terms and conditions of the manufacturer
and warranties attached thereto, provided the Promoter has taken reasonable quality
checks and balances at the time of their installation. The usage of all the fixtures, fittings
and other installations whether in terms of this Agreement or otherwise shall be as per the
usage guidelines as provided by the Promoter / the manufacturer / the Maintenance
Agency / the Association of Allottees.
7.6.5 The Allottee shall only be entitled to the possession of the Unit after making the complete
payment of the Total Consideration and Other Charges as payable under and in terms of
this Agreement. Under no circumstances, the possession of the Unit shall be handed over
to the Allottee unless the entire Total Consideration and Other Charges payable in terms
of/ under this Agreement which are due are paid in full, along with interest due, if any,
have been made by the Allottee in accordance with the terms of this Agreement.
7.6.6 From the date of taking over of possession, the Allottee shall be responsible to comply,
and cause compliance by his occupants, representatives and/or any other person claiming
under him, with all Applicable Laws and provisions of the Conveyance Deed and the
maintenance agreement. The Allottee shall indemnify the Promoter / Association of
Allottees / Maintenance Agency, as the case may be, and their officers/employees,
against any actions, claims, damages, liabilities, losses, or costs arising out of any act or
omission of the Allottee, its occupants, representatives and/or any other person claiming
under him.
7.7.2 If the Allottee fails to pay all dues payable under this Agreement and/or in terms of this
Agreement and/ or to assume possession of the Unit within the aforesaid time period, the
Unit shall be and remain at the sole risk and cost of the Allottee.
7.7.3 The Allottee agrees that such holding charges shall be a distinct charge unrelated to and
in addition to the maintenance or any other charge as provided for in this Agreement.
7.7.4 It is clarified that, payment of the maintenance charges with respect to the Unit shall be
applicable and payable by the Allottee with effect from the last date given in the
aforesaid Notice for Offer of Possession, irrespective of whether the possession of the
Unit has been assumed or not by the Allottee.
7.8 Possession by the Allottee - After obtaining the occupancy certificate or part occupation
certificate, as the case may be of the building blocks in respect of the Project and handing
over physical possession of the Unit to the Allottee, 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 provided
under Rule 2(1)(f) of the Rules.
7.9 Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his
allotment in the Project as provided in the Act.
Provided that where the Allottee proposes to cancel/withdraw from the Project without
any fault of the Promoter, the Promoter herein is entitled to forfeit the Earnest Money
(being 10% of the Total Consideration) and interest component on delayed payment
(payable by the Allottee for breach and non-payment of any due payable to the Promoter
in terms of Clause 1.14 herein before) and brokerage and any rebates availed earlier/
margin/ incentive paid to a “Indian Property Associate” (“IPA”) / “Channel Partner”)
in case the booking is made through a “Indian Property Associate” (“IPA”) /
“Channel Partner”). The balance amount of money paid by the Allottee shall be
7.10 Compensation
7.10.1 The Promoter shall compensate the Allottee in case of any loss caused to him due to
defective title of the land, 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.
7.10.2 Except for occurrence of Force Majeure, court orders, Government Policy/ guidelines,
policy / guidelines of Competent Authorities, decisions affecting the regular
development of the Project or any other event / reason of delay recognized or allowed in
this regard by the Authority, if any, if the Promoter fails to complete or is unable to give
possession of the Unit:
(i) in accordance with the terms of this Agreement, duly completed before the expiry
of the Commitment Period ;
(ii) due to discontinuance of his business as a developer on account of the suspension
or revocation of the registration under the Act; or for any other reason;
the Promoter shall be liable, on demand to the allottees, in case the Allottee wishes to
withdraw from the Project, without prejudice to any other remedies available, to return
the total amount received by him in respect of the Unit, with interest at the rate prescribed
in the Rules including compensation in the manner as provided under the Act with the 90
(ninety) days of its becoming due.
Provided that if the Allottee does not intend to withdraw from the Project, the Promoter
shall pay the Allottee interest at the rate prescribed in the Rules for every month of the
delay, till the offer of possession of the Unit, which shall be paid by the Promoter to the
Allottee within 90 (ninety) days of its becoming due.
9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is
entitled to the following:
(i) Stop making further payments of any payment / future instalment (yet to be due)
as per the Payment Plan in ‘Schedule D-Part III’ hereto, as and when demanded
by the Promoter. If the Allottee stops/suspends making payments, and if the
Promoter subsequently rectifies / remedies the default / corrects the situation by
completing the relevant construction/development milestones and only thereafter,
the Allottee shall be required to make the next payment and re-commence the
payment of such outstanding instalments without any interest for the period of
such delay on account of the Promoter; or
(ii) The Allottee shall have the option of terminating the Agreement in which case the
Promoter shall be liable to refund the entire money paid by the Allottee under any
head whatsoever towards the purchase of the Unit, along with interest at the rate
prescribed in the Rules within 90 (ninety) days of receiving the termination
notice.
Provided that where an Allottee does not intend to withdraw from the Project or
terminate the Agreement, he shall be paid, by the Promoter, interest at the rate
prescribed in the Rules, for every month of delay till the handing over of the
possession of the Unit for commercial usage along with parking (if applicable), if
any, which shall be paid by the Promoter to the Allottee within 90 (ninety) days of
it becoming due.
9.3 The Allottee shall be considered under a condition of Default, on the occurrence of the
following events:
(i) In case the Allottee fails to make payments for two consecutive demands made by
the Promoter despite having been issued notice in that regard the Allottee shall be
liable to pay interest to the Promoter on unpaid amount at the rate prescribed in
the Rules.
(ii) In case of Default by the Allottee continues for a period of 90 (ninety) days after
notice from the Promoter in this regard, the Promoter may cancel the allotment of
the Unit along with the parking (if applicable) if any, in favour of the Allottee and
refund the money paid by the Allottee after forfeiting the Earnest Money (being
However, in case, the Allottee fails to deposit the stamp duty and / or the registration
charges, other ancillary changes within the period mentioned in the Notice for Offer of
Possession, the Allottee authorizes the Promoter to withhold the registration of the
Conveyance Deed in his favour till such stamp duty, registration charges, other ancillary
charges are paid by the Allottee to the Promoter. In such cases, the Promoter shall not be,
in any manner whatsoever, deemed to be in default and all such delay shall be at the cost,
risk and consequences of the Allottee and the Promoter / the Association of Allottees /
the Maintenance Agency shall in no manner be liable and accountable for any loss,
damage or claim etc. on account of such delay on the part of the Allottee.
10.2 The Allottee further agrees and undertakes to be present before the Competent
Authorities for this purpose on the date(s) as may be communicated by the Promoter.
10.3 The Allottee shall be solely responsible and liable for compliance of the provisions of the
Indian Stamp Act, 1899, the Registration Act, 1908 and/or other Applicable Laws,
including any actions taken or deficiencies / penalties imposed by the Competent
Authority, on the Conveyance Deed.
In case, the Allottee / the Association of Allottees fail to take possession of the said
essential services as envisaged in the Agreement or prevalent laws / Applicable Laws
11.2 The Allottee agrees to execute a maintenance agreement along with other necessary
documents, undertakings etc. in the standard format, with the Promoter / the Association
of Allottees / the Maintenance Agency as appointed for maintenance and upkeep of the
Project. Execution of the maintenance agreement shall be a condition precedent for
handing over possession of Unit by the Promoter and also for executing the Conveyance
Deed of the Unit.
In case the Promoter is not the Maintenance Agency, the relationship between the
Promoter and the Maintenance Agency shall be on a principal-to-principal basis. The
maintenance agreement shall be enforceable against the Maintenance Agency only and
the Promoter shall not be responsible or liable for the same and the Allottee hereby
agrees to keep the Promoter indemnified and harmless of all liabilities in this respect at
all times.
11.3 Maintenance charges shall be fixed by the Maintenance Agency based upon an estimate
of the maintenance costs to be incurred for the Project for every financial year and would
be levied from the date of Notice for Offer of Possession regardless of the actual date of
possession or otherwise and the Allottee undertakes to promptly pay the same. The
estimates of the Maintenance Agency shall be final and binding upon the Allottee. The
maintenance charges shall be recovered on such estimated basis, from all allottees
chargeable on uniformly applicable rates, on monthly or at quarterly intervals or at half
yearly basis or at annual basis, as may be decided by the Maintenance Agency and
reconciled against the actual expenses as may be determined at the end of the financial
year and any surplus / deficit thereof shall be carried forward and adjusted in the
maintenance bills of the subsequent financial year. The Allottee agrees and undertakes to
pay all maintenance bills on or before the due dates as may be intimated by the
Maintenance Agency.
11.4 The Allottee agrees and undertakes that upon possession, the Allottee shall join the
Association of Allottees as may be registered / formed under the Haryana Societies
Registration Act, 2012 and Apartment Ownership Act by the Promoter and as provided
for under the Act and Rules, 2017, and shall not form/ or join /become part of any other
association/ society in respect of the Unit or the Project. The Allottee agrees to execute
such forms, applications or documents for the purpose of becoming a member of the
Association of Allottees or for any other purposes connected thereto as may be necessary.
11.5 Power back-up for the installed electrical load for the Unit shall be made available
subject to timely payment of maintenance charges by the Allottee. The Allottee shall not
be entitled to claim any damage/loss whether direct or consequential from the Promoter /
Maintenance Agency or any entity providing the power back-up in the event of low
voltage, low frequency, inconsistent, erratic or non-availability of such power back-up or
any failure due to any reason beyond the control of the Promoter and/or the Maintenance
Agency / any other entity providing the power back-up. The provision for the power
11.6 Further, as and when any installation (including plant, machinery or equipment, fixtures
and fittings, if any and to the extent relevant and applicable) as provisioned for by the
Promoter before the handover of the Unit and/or at any time thereafter for the benefit of
the allottees / owners of various units within the Multiplex and/or Multiplex Specific
Common Area and Facilities and/or which have been specifically provisioned for
Multiplex requires repairs, replacement, upgradation, or additions, the cost and related
expenses thereof shall be contributed by the Allottee on pro rata basis (i.e. in the
proportion that Unit Super Area bears to the total super area of all the Multiplex Units in
the Multiplex in the respective Block and/or the Project, as the case may be. The
Promoter and/or the Maintenance Agency shall have the sole authority to decide the need
for such replacement, upgrades and additions including timing, cost and expense thereof
including creation of sinking fund and the Allottee undertakes to abide by the same.
12 DEFECT LIABILITY
It is agreed that in case any structural defect or any other defect in workmanship, quality
or provision of services or any other obligation of the Promoter as per the agreement for
sale relating to such development is brought to the notice of the Promoter within a period
of 5 (five) years by the Allottee from the date of handing over possession (as per the
terms of the Notice for Offer of Possession), it shall be the duty of the Promoter to rectify
such defects without further charge, within 90 (ninety) days, and in the event of
Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be
entitled to receive appropriate compensation in the manner as provided under the Act.
Provided, the Promoter shall not liable for any such structural / architectural defect which
result from / induced by: (i) the Allottee, by means of carrying out structural or
architectural changes from the original specifications / designs; or (ii) any act, omission
or negligence attributable to the Allottee or non-compliance of any Applicable Laws by
the Allottee; or (iii) ordinary wear and tear in due course.
Provided further, in case any such structural defect or any other defect in workmanship,
quality or provision of services by the Promoter at the Project, reasonably and in the
ordinary course requires additional time beyond the said 90 (ninety) days having regard
to the nature of defect, then the Promoter shall be entitled to the such additional time
period, provided an intimation thereof has been provided to the Allottee / the Association
of Allottees / the Maintenance Agency, as the case may be, prior to expiry of the said
initial 90 (ninety) days. The Promoter / Allottee / the Association of Allottees / the
Maintenance Agency shall mutually work upon and agree to a reasonable and justifiable
additional time period for rectification of such defects. The Allottee hereby agrees to such
additional time / extension of time without being entitled to or making any claim to
16 USAGE
16.1 The basement(s) and service areas, if any, as located within the Project shall be
earmarked for purposes such as parking spaces and services including but not limited to
electric sub-station, transformer, DG set rooms, underground water tanks, pump rooms,
maintenance and service rooms, firefighting pumps and equipment’s etc. and other
permitted uses as per sanctioned plans and as permissible under Applicable Law. The
Allottee shall not be permitted to use the services areas and the basements in any manner
whatsoever, other than those earmarked as its car parking spaces, and the same shall be
16.2 The Allottee shall use the Unit only as a Multiplex Unit or for commercial purposes for
which it is allotted and in a manner that does not cause nuisance and/or annoyance to
other occupants of the Tower / Building / Project. Use of the Unit shall not be against
public policy and/or for any unlawful, illegal or immoral purposes and/or for any
temporary or permanent storage of any hazardous, toxic, combustible or inflammable
materials and chemicals and/or for any purpose which is likely to cause any damage to
any flooring, wall or ceiling of the Unit and/or to any unit(s) above, below or adjacent to
the Unit and/or anywhere in the Tower / Building / Project and/or which in any manner
interferes with and/or obstructs the use of the Common Areas, except to the extent
permissible under the Applicable Law for which the due permission, approval, sanction,
permit, registration etc. if any required by the Allottee shall be obtained from the
Competent Authorities / Association of Allottees and prior notice thereof shall be given
to the Association of Allottees / the Maintenance Agency / the Competent Authority, as
the case may be.
16.3 The Allottee hereby agrees and confirms to indemnify the Promoter / Association of
Allottees / the Maintenance Agency, as the case may be against any penal action and
liability, damage, loss, claim, demand etc. due to misuse of the Unit for which the
Allottee of the Unit shall be solely liable and responsible, without any recourse to the
Promoter / Association of Allottees / the Maintenance Agency, as the case may be.
16.4 The Allottee agrees not to fix or install air conditioners and/or heating units and/or any
other equipment in the Unit (except at designated places in the Unit for such installation,
provided such places for equipment installations are specified and permitted by the
Promoter / Association of Allottees / the Maintenance Agency / the Competent Authority,
as the case may be) or anything that in any manner alters, changes or otherwise modifies
the external façade of the Unit / Tower / Building / Project.
16.5 The Allottee agrees not to fix and/or install any antenna and/ or other telecommunication
or other communication equipment on the roof top, terraces or external façade of the
Tower / Building except with the prior written consent of the Association of Allottees /
the Maintenance Agency / the Competent Authority, as the case may be, at only such
places as may be earmarked for such purpose and on such terms and conditions as may be
specified in this regard. The obligation to obtain the requisite permissions, sanctions,
registrations, permits, approvals etc. from the Competent Authorities under the
Applicable Laws for such installations on the roof top, terraces or external façade of the
Tower / Building or other places in the Project shall be that of the Allottee who shall
obtain and keep valid the same at this own cost and expense.
16.6 The Allottee shall give a prior intimation to the Promoter/ Association of Allottees/ the
Maintenance Agency about all interior works proposed to be undertaken inside the Unit.
In carrying out any such works and activities, the Allottee undertakes and confirms that it
shall duly adhere to all fire and other safety regulations (both under law and otherwise)
17.2 The Allottee shall be entirely responsible and liable for all legal, monetary and other
consequences that may arise from such transfer / assignment. The Allottee hereby
undertakes to keep the Promoter saved, indemnified and harmless at all times from any
legal, monetary (including liability for any tax, penalty or duties), or any other adverse
consequence whatsoever on account of such permission being granted by the Promoter,
upon request of the Allottee.
17.3 Under no circumstances, permission for such assignment / transfer shall be granted by the
Promoter once the payment of Total Consideration has been made by the Allottee.
17.4 The Allottee further undertakes that in case it transfers/ assigns its rights and interests in
the Multiplex Unit in favour of any Person by way of mortgage, tenancy, license, gift or
in any other manner to the extent as legally permissible under this Agreement,
such Person so inducted by the Allottee shall be also bound by the terms and conditions
of this Agreement. The Promoter or its nominee including any other body or any other
Association of Allottees shall be entitled to enforce all terms and conditions of this
Agreement against any Person who has been so inducted. In the event of such assignment
/ transfer, the assignee / transferee shall be bound by the terms and conditions stipulated
herein as if the same had been ab-initio executed by such assignee / transferee. Any claim
or dispute between the Allottee and such assignee / transferee will be settled inter-se
between them and the Promoter shall not be a party to the same under any circumstances.
18.2 The Allottee shall ensure complete safety of material and the equipment kept in the Unit,
to be used and/or useable in the interior works undertaken by the Allottee and the
Promoter shall not be responsible and/or liable in case of pilferage, misplacement of such
materials and/or equipment.
18.3 Further, the Promoter / Association of Allottees / Maintenance Agency shall not be liable
for any accident and/or injury caused due to negligence or default of the Allottee, to any
employee, workman and/or any other person engaged/ contracted by the Allottee for
doing the interiors in the Unit and/or any job or work relating thereto and/or any other
person so affected/injured. Such liabilities, claims, demands etc. if any, shall be satisfied
by the Allottee to the complete exclusion of the Promoter / the Association of Allottees /
the Maintenance Agency, as the case may be. The Allottee shall indemnify and keep the
Promoter / Association of Allottees / Maintenance Agency, as the case may be, harmless
against all such claims or liabilities.
18.4 While carrying out the interiors work in / in relation the Unit, the Allottee shall comply
with all directions/ requirements as stipulated by the Association of Allottees /
Maintenance Agency and/or their respective authorized staff.
19.2 The Allottee agrees and undertakes not to modify the Unit, make any structural change
and/or raise any construction within the Unit or otherwise encroach upon or occupy any
Common Areas or any other area outside the Unit.
19.3 The Allottee / Association of Allottees further undertakes, assures and guarantees that he
would not put any sign-board / name-plate, neon light, publicity material or
advertisement material etc. on the face / facade of the Tower / 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 Unit for commercial usage
along with parking (if applicable) or place any heavy material in the common passages or
staircase of the Tower / Building. The Promoter / Allottee / Association of Allottees shall
ensure that they will not create any hindrance by way of locking, blocking, parking or
any other manner in right of passage or access or Common Areas which otherwise are
available for free access. The Allottee / Association of Allottees shall also not remove
any wall, including the outer and load bearing wall of the Unit for commercial usage
along with parking (if applicable), as the case may be.
19.4 The Allottee understands and agrees that it shall plan and distribute the electrical load for
Unit, within the Unit, as per relevant and prevalent standards (including BIS standards)
and latest NBC codes, Haryana Building Code and in conformity with the electrical
systems installed by the Promoter and thereafter the Association of Allottees and/or
Maintenance Agency appointed by Association of Allottees / Competent Authority. The
19.5 The Allottee shall be solely responsible to maintain the Multiplex Unit in a condition of
good repair and shall not do anything or cause anything to be done in or to the Multiplex
Unit and/or any other commercial unit (including Multiplex units) in the Project and/or
the staircases, lifts, common passages, corridors, circulation areas, atrium or the
compound which may be a source of nuisance to the neighbors or devalue the aesthetics
and/or is in violation of Applicable Law and/or rules of any authority and/or change or
alter, make additions to the Multiplex Unit and to keep the Multiplex Unit, its walls and
partitions, sewers, pipes and appurtenances thereto and/or belonging thereto, in good
condition and maintain the same and ensure that the support and shelter of the Block in
which the Multiplex Unit is located is not damaged or otherwise jeopardized in any
manner.
19.6 The Allottee undertakes, agrees and confirms that Multiplex Unit shall not be altered,
changed or modified to provide for any exhaust or other form of indoor air evacuation
systems unless the Promoter / the Maintenance Agency agrees to permit or otherwise
provide for the same for the Unit. A breach of this clause shall entitle the Company
and/or the Maintenance Agency to enter the Unit, if necessary, and remove all non-
conforming fittings and fixtures at the risk, cost, expense and consequences of the
Allottee and the Allottee shall be responsible for any loss or damage arising therefrom.
The Allottee shall at all times ensure that the Multiplex Unit/Auditorium at all times is
maintained and used in accordance with the laws particularly applicable to the Multiplex
and in general applicable to the Project.
19.7 The Allottee further undertakes that in case it transfers/ assigns its rights and interests in
the Multiplex Unit in favour of any Person by way of mortgage, tenancy, license, gift or
in any other manner to the extent as legally permissible under this Agreement,
such Person so inducted by the Allottee shall be also bound by the terms and conditions
of this Agreement. The Promoter or its nominee including any other body or any other
Association of Allottees shall be entitled to enforce all terms and conditions of this
Agreement against any Person who has been so inducted.
19.8 The Allottee shall not be entitled to install its personal/ individual generators/ invertors/
other power back-up installations and equipment for providing power back up to the
Multiplex Unit.
19.9 The Allottee agrees and undertakes not to modify the Multiplex Unit and/or make any
structural change, raise any construction within the Multiplex Unit or otherwise encroach
upon, occupy any Common Area and/or any other area outside the Multiplex Unit
including road(s), lobby(ies), roofs etc. nor shall the Allottee be permitted
to block and/or cause hindrance to any lobby/lounges.
19.10 The Allottee agrees and understands that the Allotment of the Multiplex Unit is subject
to various conditions imposed by virtue of Licenses, Zoning Plans, Building Plans and
19.11 That the Allottee shall use the Unit only for the purposes of carrying out lawful
commercial activities.
19.12 That the Allottee agrees and understands that the Multiplex Unit is part and parcel of the
Multiplex comprising of ______ (____________) auditoriums / screens and the
Multiplex Unit derives its value and essence on being part of the Multiplex and the same
is not divisible at any point of time. The Multiplex Unit can be used only for the purpose
of showing and running motion pictures and activities incidental and ancillary to running
a Multiplex.
19.13 The Allottee agrees and understands that it shall be responsible and shall at all times
render all due co-operation to obtain and keep all approvals, permissions and sanctions
alive as may be necessary for operating and managing the Multiplex in accordance with
the Applicable Law.
21 ADDITIONAL CONSTRUCTIONS
21.1 The Promoter undertakes that it has no right to make additions or to put up additional
structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and
specifications, amenities and facilities has been approved by the Competent
Authority(ies) and disclosed, except for guidelines, permissions / directions or sanctions
by the Competent Authority.
However, the Promoter shall have the right, at its sole discretion and without any prior
consent, concurrence or approval of the Allottee to make any alterations, additions,
improvements or repairs, whether structural or non-structural, interior or exterior,
ordinary or extraordinary, in relation to any unsold units within the Project, as per the
Applicable Laws and guidelines, permissions / directions or sanctions by the Competent
Authority and the Allottee agrees not to raise any objection or cause any impediment to
or hindrance in or to make any claim or compensation in this regard.
21.2 That the Allottee knows, agrees and understands that development of the Project
comprises of Residential Component and Commercial Component is subject to further
expansions as permissible under the Act, the Rules and the Applicable Laws after
following the process and procedure as laid down and advised in this regard by the
Competent Authorities and that the Allottee agrees and accepts the same by signing this
Agreement that it shall not raise any objection in respect thereto at any point of time.
22 INSURANCE
22.1 The structure of the Tower / Building / Project shall be insured by the Association of
Allottees, as and when the same is taken over by the Association of Allottees, for and on
behalf of all owners of units in the Project against the risks of fire, earthquake,
lightening, riots and civil commotion, terrorism and other perils and the premium cost
thereof shall be payable proportionately by the Allottee as and when demanded by the
Association of Allottees / the Maintenance Agency, as the case may be.
22.2 The Allottee shall not do or permit to be done any act which may render void or voidable
such insurance or cause any increase in the premium payable in respect thereof for which
the Allottee shall be solely responsible and liable. However, insurance, if any, of any
items/ things/ articles inside the Unit and third party risk shall be solely at the risk and
cost of the Allottee. Any act of omission or commission in this regard shall be the sole
responsibility and liability of the Allottee.
22.3 Insurance, if any, of any items/ things/ articles/fixtures, fittings and any valuables inside
the Multiplex Unit and in the Multiplex Specific Common Areas and Facilities and third
party risk shall be solely at the risk and cost of the Allottee and jointly and severally for
Multiplex Specific Common Areas and Facilities and third party with other allottees of
Multiplex units in the Multiplex. Any act of omission or commission in this regard shall
be the sole responsibility and liability of the Allottee. The obligation, liability and
responsibility for the adequate insurance of the fixtures, fittings, movables and other
assets and belongings in the Multiplex Unit and that in the Multiplex Specific Common
Area and Facilities shall be that of the Allottee and with respect to Multiplex Specific
Common Area and Facilities collectively of all the allottees of various Multiplex units in
the Multiplex.
23.2 The Promoter shall have the right and authority to raise finance/ loan from any financial
institution/ bank by way of mortgage/charge/securitization of Said Land, receivables or
by any other mode or manner by charge/mortgage of the Tower / Building / Project; all to
the extent and in the manner as permissible under the Act and the Rules and the
Applicable Laws.
25 BINDING EFFECT
25.1 By just forwarding this Agreement to the Allottee by the Promoter does not create a
binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee
signs and delivers this Agreement with all the schedules along with the payments due as
stipulated Payment Plan within 30 (thirty) days from the date of the receipt by the
Allottee. Secondly, the Allottee and the Promoter have an obligation to execute the
Agreement and also register the said Agreement within the prescribed timelines as per
applicable Law.
25.2 If the Allottee fails to execute and deliver to the Promoter this Agreement within
prescribed timelines as per applicable Law along with due payment and/or appear before
the Sub-Registrar for its registration, the Promoter shall be entitled to cancel allotment of
the Unit in favour of the Allottee and upon such cancellation the allotment shall stand
cancelled and the Allottee shall have right only to seek refund of sums deposited by him
without any interest or compensation whatsoever in the manner and to the extent as
provided for hereinafter and shall not have any claim in respect of the Unit.
(i) In the event the Allottee fails or neglects to comply with any of his obligations
under the Application Form / Allotment Letter, including (but not limited to)
making payment of all due amounts as per the Payment Plan (and applicable
interest thereon, if any) or seeks to withdraw or cancel the Allotment / Agreement
in respect of the Unit, the Allottee shall be deemed to be in default and the
Promoter shall be entitled to forfeit the Earnest Money (being 10% of the Total
Consideration) and interest component on delayed payment (payable by the
Allottee for breach and non-payment of any due payable to the Promoter) and
brokerage/ any rebates availed earlier/ margin/ incentive paid to a “Indian
Property Associate” (“IPA”) / “Channel Partner”) in case booking is made
through a “Indian Property Associate” (“IPA”) / “Channel Partner”). The rate
of interest payable by the Allottee to the Promoter shall be the State Bank of India
highest marginal cost of lending rate plus two percent. The balance amount of
money paid by the Allottee shall be returned by the Promoter to the Allottee
within 90 (ninety) days of such cancellation or withdrawal.
(ii) If the Allottee(s) fails to execute and deliver to the Promoter, Agreement within
30 (Thirty) days from the date of the Allotment letter (or such further period as
provisioned for by the Promoter) and/or appear before the Sub-Registrar for its
registration within the prescribed timelines as per the applicable Law, then the
Promoter shall serve a notice to the Allottee by email/by hand/by Post
(RPAD)/by courier on the address given by the Allottee for rectifying the default,
which if not rectified within 60 (sixty) days from the date of its receipt by the
Allottee, the Application/ Allotment of the Allottee shall be treated as cancelled
25.3 Upon such cancellation, the Allotment Letter / Agreement for the Unit shall stand
immediately terminated and the Allottee shall have no right whatsoever with respect to
the Unit, save and except the right to receive the refund amount. In such case the
payment of the refund amounts shall be subject to and after deducting thereon tax at
source and/or other applicable government levies and taxes. For sake of clarity, the
delayed interest charges and/or taxes paid on account of the Total Consideration shall not
be refunded upon such cancellation/termination. In the event, the amounts paid by the
Allottee towards Total Consideration is less than the Earnest Money (being 10% of the
Total Consideration) , the Allottee shall be liable and agrees to pay to the Promoter such
deficit amount. The payment of refund amount shall be made within a period of 90
(ninety) days from the date on which such refund becomes due, all as per the Applicable
Law.
25.4 The Recitals of this Agreement and representations therein along with the Schedules and
Annexures to this Agreement shall form an integral part of this Agreement and shall be
read as necessary terms and conditions of this Agreement.
25.5 The Promoter reserves its right to reject and refuse to execute this Agreement if the
Allottee has made any changes, corrections, cancellations, alterations, modifications in
the Agreement unless such changes have the prior written concurrence and consent of
the Promoter.
26 ENTIRE AGREEMENT
26.1 This Agreement, along with its schedules, constitutes the entire Agreement between the
Parties with respect to the subject matter hereof and supersedes any and all
understandings, any other agreements, allotment letter, correspondences, arrangements
whether written or oral, if any, between the Parties in regard to the said Unit.
27 RIGHT TO AMEND
27.1 This Agreement may only be amended through written consent of the Parties.
29.2 Failure on the part of the Parties to enforce at any time or for any period of time the
provisions hereof shall not be construed to be a waiver of any provisions or of the right
thereafter to enforce each and every provision.
30 SEVERABILITY
30.1 If any provision of this Agreement shall be determined to be void or unenforceable under
the Act and/or the rules and regulations made thereunder and/or under other Applicable
Laws, such provisions of the Agreement shall be deemed amended or deleted in so far as
reasonably inconsistent with the purpose of this Agreement and to the extent necessary to
conform to Act and/or the Rules and Regulations made thereunder and/or the Applicable
Laws, as the case may be, and the remaining provisions of this Agreement shall remain
valid and enforceable as applicable at the time of execution of this Agreement.
32.2 It is further clarified to and agreed by the Allottee that the Promoter has calculated the
Total Consideration and other charges/amounts payable for the Multiplex Unit on the
basis of Carpet Area / Multiplex Unit Area. The Allottee shall have the limited and
regulated right to use the Common Areas and Facilities of the Project in general and the
Multiplex Specific Common Area and Facilities in particular as per the terms and
conditions given herein.
II. Use of the Common Areas and Facilities of the Project shall be subject to timely
payment of maintenance charges and other charges in terms of the Maintenance
Agreement for the Common Areas and Facilities of the Project and the Allottee
agrees that in the event of any negligence or failure to pay such charges and/or
any other charges on or before due date, the right to use such Common Areas and
Facilities of the Project may be restricted without notice.
III. The Common Areas and Facilities of the Project in general and the Multiplex
Specific Common Area and Facilities in particular and the undivided interest of
the Allottee therein shall be fixed, limited and defined by what is specified by the
Promoter in its Deed of Declaration to be filed under the Apartment Act and shall
be conclusive and binding upon the Allottee and other allottee(s) of the Project
and the Allottee agrees and confirms to the same. For the sake of removal of any
ambiguity, it is clarified that the Allottee shall not have any right to interfere in
any manner with the booking, allotment, sale, resale, transfer and/ or management
in due course of any commercial units or commercial developments, or any other
construction as is required/ permissible by DGTCP under the Licenses/ Competent
Authority and/or as otherwise permissible under Applicable/ prevailing Law,
which are not explicitly stated herein to be part of the Common Areas and
Facilities and/or the common services for the use of all the allottees or specific set
of allottees including those of the units in the Multiplex.
32.3 The management and maintenance of the Common Areas and Facilities of the Project in
general shall remain with the Promoter or the nominated Maintenance Agency until such
time they are either transferred to RWA in accordance with the Applicable Law
(including Apartment Ownership Act) or otherwise dealt with by the Promoter in
accordance with Applicable Law. The Allottee understands, confirms and agrees that as
per the industry practice the Multiplex will be operated by a Multiplex operator and for
this the entire Multiplex (comprising of various units for Multiplex) will be taken by the
Multiplex operator and therefore, the Allottee will be required to have a collective
arrangement and understanding with the Multiplex operator for his Multiplex Unit and
other units in the Multiplex in the Project for the mutual benefits and rightful enjoyment
by all the owners of the various Multiplex units in the Multiplex. The maintenance and
upkeep of the Multiplex may be carried out either by the same Maintenance Agency and /
or any other maintenance agency as per the discretion of the operator of the Multiplex
and the owners of the various Multiplex units in the Multiplex. It is further agreed by the
Allottee that the Allottee shall be collectively liable and responsible for the maintenance
32.4 The Allottee has confirmed and assured the Promoter that the Allottee has read the
Apartment Ownership Act and rules made thereunder and the Applicable Law and the
law as specifically made applicable to the Multiplex and understood all its implications
thereof in relation to the various provisions of this Agreement and the Allottee has further
confirmed that he / she/ it/ they shall comply with the provisions of this Agreement and
such other requirements as directed by the Promoter so as to enable the Promoter to take
such steps as may be required and/ or deemed necessary by it under the Applicable Law
(including Apartment Ownership Act) from time to time or any statutory amendments or
modifications thereto or the provisions of any other Applicable Law dealing with the
matter.
32.5 The Allottee agrees that it shall be bound by the additional provisions with respect to the
maintenance and upkeep of the Multiplex in the Project, it being clearly understood,
acknowledged and accepted that the Promoter / Maintenance Agency, if so required shall
be providing additional common facilities and amenities in the Multiplex i.e. Specific
Common Area and Facilities for the operations of the Multiplex and for the common
benefits of all the allottees/ occupants of the various Multiplex units and for such
provisions in the Multiplex the Allottee shall be liable to pay to the Promoter /
Maintenance Agency additional maintenance charges as shall be determined by the
Promoter / Maintenance Agency. Allottee understands and agrees that the said additional
maintenance charges shall be limited to the allottees/occupants of the various Multiplex
units in the Project. Details of all such additional provisions shall be set out in the
Maintenance Agreement.
32.6 The liability to pay maintenance charges shall commence from the last date to take
possession given in the Notice of Possession of the Multiplex Unit by the Promoter,
32.7 The Allottee is aware that the Allottee is agreeing to purchase the Multiplex Unit in the
Project on the specific understanding and undertaking that the Allottee shall always and
at all times be liable for payment of Maintenance charges for use of Common Areas and
Facilities in the Project and also specific maintenance charges with respect to Multiplex
Specific Common Area and Facilities.
32.8.2 The Allottee agrees not to fix and/or install air conditioners and/or heating units and/or
any other equipment in the Multiplex Unit (except at designated places in the Multiplex
Unit for such installation, provided such places for equipment installations are specified
and permitted by the Promoter) or anything that in any manner alters, changes or
otherwise modifies the external façade of the Multiplex Unit/ block/Project/Multiplex.
32.8.3 The Allottee agrees not to fix or install any antenna and/ or other telecommunication or
other communication equipment on the roof top, terraces and/or external façade of the
block except by the prior written sanction of the Company/ the Maintenance Agency/
RWA and at only such places as may be earmarked for such purpose and on such terms
and conditions as may be specified in this regard.
32.9.2 The Multiplex Unit has been sold for the specific purpose of running Multiplex and for
carrying out such other incidental and ancillary activities under the sole appointed
Multiplex operator/lessee as the case may be and as is permissible under the Applicable
Law. The Allottee shall ensure that the said Multiplex Unit shall at all times be
indivisible part and the same cannot be divided at any point of time by the Allottee as the
Multiplex derives its benefit and essence from all Multiplex units being part of the
Multiplex. The Allottee and other allottees of the various Multiplex units in the Multiplex
shall confirm to all the specific applicable laws in relation to the establishment,
management, operation of the Multiplex. The Allottee shall ensure that the Person
claiming through/ under it shall ensure due compliance with the same and the liability,
accountability and responsibility in respect thereof.
32.9.3 The Allottee and/or person claiming through/ under it including but not limited to the
Multiplex Operator/lessee(s) of the various Multiplex units of the Multiplex shall in a
high grade and reputable manner maintain adequate number of employees for Multiplex.
32.9.4 The Allottee and/or person claiming through/under it shall be responsible for the staff,
workmen, salesmen and other employees employed, contracted, engaged by the Allottee
and/or person claiming through/under it and the Allottee and the Multiplex
operator/lessee(s) as shall be appointed by the Allottee shall be jointly and severally
liable and responsible for payment of their salaries, wages, remuneration, fees, Provident
Fund, Gratuity and other benefits etc. as per law and for the due compliance with all the
Applicable Laws concerning the establishment, management, operation and upkeep of the
Multiplex.
32.9.5 The Allottee and/or person claiming through/under it including but not limited to
Multiplex operator/lessee(s) of the Allottee shall be solely responsible for any loss,
damage or injury caused to any property, material or human life that takes place due to
any accident etc. which has occurred in the Multiplex Unit in particular and the Multiplex
32.9.6 The Allottee and/or person claiming through/under it including but not limited to
Multiplex operator/lessee(s) of the Allottee and the Multiplex operator and the Allottee
alongwith the allottees of other Multiplex units in the Multiplex either of its own or
through any one appointed through it shall not to take any action and/or do any act
or deed or omit to do any act or deed:
i. resulting in any disruption and smooth and effective management, upkeep and
operation of the Multiplex and every part or portion thereof in particular and the
Project in general by the Promoter / Association of Allottees /RWA/ the
Maintenance Agency;
ii. affecting the rights and privileges of any customer or visitor or other person(s) in
the Multiplex / Project;
iii. causing any impairment or reduction of the goodwill or reputation of the
Promoter, the Multiplex, the Project.
32.10 The Allottee, each of its constituent and each of such persons to whom the Multiplex
Unit or part thereof may be let, transferred, assigned, or given possession, shall execute
all such instruments and take such other actions, in addition to the instruments and
actions specifically provided for herein, as the Promoter may reasonably request in
order to give effect to the terms, conditions and provisions of this Agreement and/or in
respect of any transaction contemplated herein and/or to confirm any right to be created
or transferred hereunder and/or pursuant to any such transaction.
32.11 The Allottee understand and agrees that the establishment, upkeep and operation of the
Multiplex Unit will be linked to the operations of other Multiplex units for the various
screens in the Multiplex and therefore agrees, confirms and undertakes that it shall at all
times do all acts, deeds and things as may be required both solely as well as collectively
(alongwith with the allottees of the other Multiplex units) for the establishment, upkeep,
operation and management of the Multiplex including but not limited to leasing /
licensing of the Multiplex Unit alongwith the other Multiplex unit holders of the various
units in the Multiplex and for this purpose they shall first mandate the Company and / or
its nominees for the purposes of facilitating the engagement of a Multiplex operator for
the Multiplex and for the arrangement and understanding regard the other allottees of
32.12 The Allottee clearly understands and agrees that all terms and conditions as contained
herein and the obligations thereof regard the Multiplex Unit/Project shall be applicable
and enforceable against any and all occupiers, tenants, licenses and any subsequent
allottee of the Multiplex Unit.
32.13 In the event there are any Government Orders and/or any statutory notifications which
restrict the transfer/ assignment/ nomination of the Multiplex Unit, the Promoter as well
as the Allottee shall be bound to comply with such statutory notification or Government
Orders as the case may be.
32.14 It is agreed that the provisions of this Agreement, the Maintenance Agreement and those
contained in other Schedules are specific and applicable to only the Multiplex units
offered for sale in “M3M Corner Walk” and these provisions cannot be read in
evidence and/or interpreted in any manner in and/or for the purpose of any
suit and/or other legal proceedings and/or other proceedings pertaining to any other
project of the Promoter and/or their associates/ subsidiaries, partnership firms in which
the Promoter is a partner and/or may be interested in and/or may have any business
interests therein and/or otherwise.
33 FURTHER ASSURANCES
33.1 Both Parties agree that they shall execute, acknowledge and deliver to the other such
instruments and take such other actions, in additions to the instruments and actions
specifically provided for herein, as may be reasonably required in order to effectuate the
provisions of this Agreement and/or of any transaction contemplated herein and/or to
confirm or perfect any right to be created or transferred hereunder or pursuant to any such
transaction.
34 PLACE OF EXECUTION
34.1 The execution of this Agreement shall be complete only upon its execution by the
Promoter through their/ its authorized signatory(ies) at the Promoter’s Office, or at some
other place, which may be mutually agreed between the Promoter and the Allottee, in
office of the jurisdictional sub-registrar of assurances after the Agreement is duly
executed by the Allottee and the Promoter or simultaneously with the execution the said
Agreement shall be registered at the office of the Sub-Registrar of Assurances at
Gurugram. Hence this Agreement shall be deemed to have been executed at Gurugram,
Haryana, India.
35 NOTICES
35.1 That all notices and correspondences (including call/demand notices to be sent by the
Promoter) to be served on the Allottee and the Promoter as contemplated by this
Agreement shall be deemed to have been duly served if sent to the Allottee or the
Promoter by Registered Post or speed post or courier or other mode as recognized under
35.2 It shall be the duty of the Allottee and the Promoter to inform each other of any change in
address subsequent to the execution of this Agreement in the above address by Registered
Post / Courier / other permissible mode as per admissible under the Applicable Law
failing which all communications and letters posted at the above address shall be deemed
to have been received by the Promoter or the Allottee, as the case may be.
36 JOINT ALLOTTEES
36.1 That in case there are joint Allottee(s) all communications shall be sent by the Promoter
to the Allottee whose name appears first and at the address given by him/her/it which
shall for all intents and purposes to consider as properly served on all the Allottees. No
separate notice/communication will be sent to any of other joint Allottee. The Allottee
confirms and agrees that any communication to the email address provided in this
Agreement shall be considered a valid communication to the Allottee.
37 SAVINGS
37.1 The Application, allotment letter, or any other agreement / document signed by the
Allottee, in respect of the Unit, prior to the execution and registration of this Agreement,
shall not be construed to limit the rights and interests of the Allottee under this
Agreement or under the Act or the Rules or the Regulations and the Applicable Law.
38 GOVERNING LAW
38.1 That the rights and obligations of the Parties under or arising out of this Agreement shall
be construed and enforced in accordance with the Act and the Rules and Regulations
made thereunder including other Applicable Laws of India for the time being in force.
39 DISPUTE RESOLUTION
39.1 All or any disputes arising out or touching upon or in relation to the terms and conditions
of this Agreement, including the interpretation and validity of the terms thereof and the
respective rights and obligations of the Parties, shall be settled amicably by mutual
discussion within 30 (thirty) days, failing which the same shall be settled through the
adjudicating officer appointed under the Act.
40.2 The Allottee hereby acknowledges and understands that, if the Promoter / the Association
of Allottees / the Maintenance Agency, as the case may be, for the purpose of this
Agreement and/or in relation to the Project is required, from time to time, to submit
before any authority (Statutory or otherwise) consent/ NOC/ Approval/ certification/
authorization, etc. from the Allottee, then in that eventuality the Allottee agrees and
undertakes to execute and provide to the Promoter / the Association of Allottees / the
Maintenance Agency, as the case may be, without any delay/ demur/ protest all such
documents.
40.3 The Allottee clearly understands and agrees that all terms and conditions as contained
herein and the obligations thereof regard the Unit/Project shall be applicable and
enforceable against any and all occupiers, tenants, licenses and any subsequent allottee of
the Unit.
41 INDEMNIFICATION
41.1 The Allottee hereby agrees and undertakes to pay from time to time the amounts which
the Allottee is liable to pay under this Agreement and to observe and perform all the
obligations and abide by all the terms and conditions of this Agreement and to keep the
Promoter and its agents and representatives indemnified and harmless against any loss or
damage that the Promoter may suffer as a result of non-payment, non-observance or non-
performance of the covenants and conditions stipulated in this Agreement.
41.2 With effect from the date of taking possession of the said Unit or deemed possession in
terms of this Agreement, the Allottee agrees to indemnify and to keep the Promoter /
Association of Allottees / the Maintenance Agency, as the case may be and their
assignees, nominees, their officers/employees as well as the other occupants/ owners of
the Project fully indemnified, saved and harmless from and against all the consequences
of breach by the Allottee of any Applicable Law for the time being in force and/or the
stipulations applicable to the Allottee and/or the said Unit hereunder as also of any of its
representations, warranties or undertakings not being found to be true at any point of
time, or any actions, suits, claims, proceedings, damages, liabilities, losses, expenses or
costs faced, suffered, inflicted and/or incurred by any of them on account of any of the
foregoing. The Allottee hereby accepts and acknowledges to have clearly agreed and
understood that this indemnity would cover all acts of commission and omission on the
part of the occupants, representatives and/or any other person claiming under the
Allottee.
42 CONFIDENTIALITY
42.1 The Parties hereto agree that all the information, documents etc. exchanged to date and
which may be exchanged, including the contents of this Agreement and any documents
executed in pursuance thereof (“Confidential Information”) is confidential and
proprietary and shall not be disclosed, reproduced, copied, disclosed to any third party
Please affix
(1) Signature ________________________ photograph
Name ____________________________ and sign across
Address __________________________ the photograph
Please affix
(2) Signature ________________________ photograph
Name ____________________________ and sign across
Address __________________________ the photograph
WITNESSES:
2. Signature __________________________
Name ______________________________
Address ___________________________
The Project is being developed on part of the licensed land admeasuring 30,197.64 sq. mtrs.
situated in the revenue estate of village Begampur Khatola, Sector-74, Gurugram (Gurgaon),
Haryana, India.
‘SCHEDULE B’
The “Carpet Area” means the net usable floor area of a unit, excluding the area covered by the
external walls, areas under services shafts, exclusive balcony or verandah area and exclusive
open terrace area, but includes the area covered by the internal partition walls of the unit.
Further, for the purposes of this clause the expression “exclusive balcony or verandah area”
means the area of the balcony or verandah, as the case may be, which is appurtenant to the net
usable floor area of a unit in the Multiplex, meant for the exclusive use of the Allottee; and
“exclusive open terrace area” means the area of open terrace which is appurtenant to the net
usable floor area of the Multiplex Unit, meant for the exclusive use of the Allottee;
“Multiplex Unit Area” of the commercial Unit shall mean and include the Carpet Area plus
area under the Multiplex theater, Projector Room and Staircases inside the theatre plus (a) full
area under such internal / external walls / shear walls / curtain walls, internal / external columns,
internal / external shafts / cut-outs (with area of walls & jaalis), glazing(s), parapet wall(s),
railing(s), exclusive balcony (ies)/terrace(s) & any other façade element(s) etc., which form
integral part of the unit; (b) the proportionate area of the common walls / columns / shafts / cut-
outs with adjoining unit(s) (in the proportion that the Multiplex Unit Area of the theatre bears to
the total unit area of all the Multiplex theatres in the Multiplex) and shall also include the
undivided proportionate share (in the proportion that the Multiplex Unit Area of the theatre
bears to the total unit area of all the Multiplex theatres in the Multiplex) of Concession area,
Cinema Foyer, Toilets, Ticketing Counter, Fire Exits, Corridors, Stores, Services Room inside
It is specifically clarified by the Company and accepted by the Allottee that the Unit Area, if
provided with exclusively accessible open terrace(s) and balcony(ies), shall also include the area
of such terrace(s) and balcony(ies) as may be provided. Notwithstanding the inclusion of such
areas, the Allottee shall not cover or construct on such terrace(s) and balcony(ies) any permanent
or temporary construction and shall use the same as open terrace(s) and balcony(ies) and in no
other manner whatsoever.
It is specifically clarified by the Promoter and accepted by the Allottee that notwithstanding the
inclusion of balcony(ies) / terrace(s), if any, in the Apartment Area, the Allottee shall not cover
or construct on such terrace(s) and balcony(ies) any permanent or temporary construction and
shall use the same as open terrace(s) and balcony(ies) and in no other manner whatsoever.
“Multiplex Specific Common Areas and Facilities” shall mean and include undivided
proportionate share (in the proportion that the Multiplex Unit Area of Multiplex theater bears to
the total unit area of all the Multiplex theatres in the Multiplex) of Concession area, Cinema
Foyer, Toilets, Ticketing Counter, Fire Exits, Corridors, Stores, Services Room inside the
Multiplex Area as well as the Box Office and/or cinema marketing or showcase space meant
exclusively for Multiplex located within the Project.
SUPER AREA
“Super Area” of the Unit shall mean and include all the area within the Unit plus the
proportionate share in the Common Areas as provided for in the Deed of Declaration to be filed
under the Apartment Act.
The Allottee is aware that the Promoter is in the process of developing the Project and in
pursuance thereof it is understood and agreed by the Allottee that the location, size, and
dimension of the Unit including the Super Area mentioned is subject to change and may be
modified or revised or changed during the course of its construction and completion and grant
of Occupation Certificate. Upon receipt of Occupation Certificate, the final Super Area shall be
calculated and communicated to the Allottee, which shall be final and binding upon the
Allottee.
‘SCHEDULE C’
Part-III
PAYMENT PLAN
Article I.
Instalment
Notes / Terms:
1. All Payments are to be made by A/c payee Cheque/Banker's Cheque/Pay Order /Demand
Draft payable at New Delhi/Gurugram only or through electronic transfer mode (as
permissible under applicable Law) drawn in favor of / to the account of ‘PEPL M3M
CORNER WALK COLLECTION AC’ having Swift Code ICICINBBCTS, Account No.
39905005777, with IFSC Code ICICOOO399 with ICICI Bank. The date of clearing of the
instrument / receipt through permissible electronic transfer mode shall be deemed to be the
date of payment. Bank charges for outstation cheques shall be to the Allottee’s account and
credit shall be granted from the date of actual receipt of funds.
2. The Allottee shall also pay, as and when demanded by the Company, pro-rata share of
Goods & Services Tax (GST – w.e.f. 01st July, 2017) or any other statutory taxes, duties,
charges, cesses, levies, and the like as may be applicable to the Project or payments to be
made by the Allottee to the Company (collectively referred to as “Taxes”). The Allottee
shall further be liable to pay any change / modification in Taxes as may be levied by the
Government or any statutory/competent authority, even if such levies are retrospective in
effect (but excluding any such enhancement arising after the committed date of offer of
handover of the Unit.
3. The Allottee shall be liable to pay the Total Consideration Value and the Other Charges as
specified herein together with the applicable government taxes and levies as per the
Schedule of Payments hereunder, time being of all essence.
4. The Total Consideration is inclusive of Development Charges (DC)(External Development
Charges (“EDC”) and Infrastructure Development Charges (“IDC”), Electricity
Installation Charges, Applicable Statutory Charges, Tax, Labour Cess, Duty, VAT, GST,
Water, Gas and Other Utilities Infrastructure and Connection Charges. Further, any
revision in EDC, IDC, Statutory Charges, Taxes, GST, VAT, Labour Cess et al, shall be
communicated and shall be charged as applicable from time to time as per the applicable
rates.
5. The Allottee shall, in relation to the Unit (so allotted), make all payments to the Company
from his own bank account only and not from and through the bank accounts of any third
party. The Allottee alone shall be responsible and liable in relation to the payments made
by any third party. Notwithstanding the aforesaid, the receipts for the payments made in
relation to the Unit shall be issued in favor of the Allottee only. Payments from sources
other than the Allottee (“Third Party”) is/are to be accompanied with requisite no-
objection certificate(s) as per the approved format of the Company failing which the
Company may in its sole discretion reject the same and return directly to said Third Party.
6. If Allotment of the said Unit is cancelled either by the Applicant or by the Company, the
Allottee shall cease to have any claim against / upon the said Unit and / or against the
8. In the event the Applicant / Allottee fails or neglects to comply with any of his obligations
under the Application Form / Allotment Letter, including (but not limited to) making
payment of all due amounts as per Schedule of Payments stated herein (and interest
thereon, if any) or seeks to withdraw or cancel the Allotment / Agreement for sale /
Agreement to Sell in respect of the said Unit (so allotted), the Applicant / Allottee shall be
deemed to be in default and the Company shall be entitled to forfeit the earnest money
(being 10% of the Total Consideration) and interest component on delayed payment
(payable by the Applicant / Allottee for breach and non-payment of any due payable to the
Company) and brokerage. The rate of interest payable by the Applicant / Allottee to the
Company shall be the State Bank of India highest marginal cost of lending rate plus two
percent. The balance amount of money paid by the Applicant / Allottee shall be returned by
the Company to the Applicant / Allottee within 90 (ninety) days of such cancellation or
withdrawal.
9. The payment of the refund amounts shall be subject to and after deducting thereon tax at
source and/or other applicable government levies and taxes. For sake of clarity, the
interest and/or taxes paid on the Consideration Value shall not be refunded upon such
cancellation/termination. In the event, the amounts paid by the Applicant /Allottee towards
Consideration Value is less than the earnest money (being 10% of the Total Consideration),
the Applicant / Allottee shall be liable to pay to the Company the deficit amount. The
payment of refund Amount shall be made within a period of 90 (ninety) days from the date
on which such refund becomes due, all as per the applicable Law.
10. The Applicant shall also pay, as and when demanded by the Company, the pro-rata share of
any Value Added Tax (VAT), Goods & Services Tax (GST) or any other statutory taxes,
duties, charges, cesses, levies, and the like as may be applicable to the Project or payments
to be made by the Applicant to the Company (collectively referred to as “Taxes”). The
Applicant shall further be liable to pay any change / modification in Taxes as may be levied
by the Government or any statutory/competent authority, even if such levies are
retrospective in effect (but excluding any such enhancement arising after the committed
date of offer of handover of the Unit.
11. The heads as mentioned in this Allotment and more particularly the payment schedule are
subject to change as per and as permissible under the applicable laws and more
particularly the rules to be notified by the State Government of Haryana under the Real
Estate (Regulation and Development Act), 2016 and any modifications thereunder.
ID of GST: 06AAECP0734F1ZS
Here are a few details to keep in mind if you are paying through RTGS
RTGS Details for M3M Corner Walk
Swift Code: ICICINBBCTS
Bank Name: ICICI Bank
Account No.: 39905005777
IFSC Code: ICIC000399
Account Name: ‘PEPL M3M CORNER WALK COLLECTION AC’