apartment buyer's agreement apartment no.

57 Pages·2016·0.41 MB·English

APARTMENT BUYER’S AGREEMENT
APARTMENT NO. _______________ BUILDING NO. ___
LA VIDA
NAME _______________________________________________
________________________________________________________
________________________________________________________
ADDRESS ____________________________________________
________________________________________________________
________________________________________________________
MOBILE NO. _________________________________________
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Recital / Article No. Headings
Title Clause Parties
Recital A to O Description of Said Property
Article 1 Interpretation
Article 2 Apartment
Article 3 Sale Consideration
Article 4 Parking Space
Article 5 Possession
Article 6 Organisation
Article 7 Maintenance
Article 8 Compliance of Laws
Article 9 Covenants of Purchaser(s)
Article 10 Rights and Obligations of the Promoter
Article 11 Uses
Article 12 Miscellaneous
Article 13 Settlement of Disputes
First Schedule Description of the Said Property
Second Schedule Description of the Said Apartment
Execution Signature of all parties and Witness signatures
Receipt Receipt and Acknowledgement by the Promoter
Annexure A Site plan showing the La Vida complex delineated in bold
boundary line
Annexure B List of approvals received in respect to the Complex
Annexure C Floor Plan of the Apartment
Annexure D Payment plan
Annexure D1 List of charges
Annexure D2 List of outgoings
Annexure E Definition of Carpet Area
Annexure F The calculation of the Escalation/Decrease charges
PROMOTER AND OWNERS PURCHASER(S)
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Annexure G List of fittings and fixtures and amenities
Annexure H Declaration cum Affidavit for membership of
Organisation
Annexure I Application for membership of Association
Annexure J Forwarding Letter to Association
Annexure K Membership Form
Annexure L Affidavit
PROMOTER AND OWNERS PURCHASER(S)
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APARTMENT BUYER’S AGREEMENT
This Agreement (the ‘Agreement’) is made at _____________
on this _____ day of _____________ 2016
BY AND BETWEEN
LEMON TREE LAND AND DEVELOPERS PRIVATE LIMITED,(a joint venture between CSN
Estates Private Limited and Tata Housing Development Company Limited) a Company registered
under the provisions of the Companies Act, 2013 having its Registered Office at Ground floor,
Naurang House, 21, Kasturba Gandhi Marg, New Delhi - 110001 represented by its authorised
signatory, ___________________________________________________, vide resolution dated ______________
(hereinafter referred to as the “PROMOTER”) (which expression shall, unless it be repugnant to
the context or meaning thereof, be deemed to include its successors & permitted assigns) of the
First PART.(Promoter’s PAN: AACCL2552R)
AND
1) Sh. Om Prakash, Sh. Roop Singh, Sh. Ajit Singh, Sh. Satish alias Satbir, Sh. Jagdish,Sh. Jugbir,
Sh. Karambir all adult, Indian Inhabitants, presently residing at Village - Bajghera, P.O. Palam
Vihar, Tehsil and District - Gurgaon, Haryana;
2) Mr. Bhay Ram, an adult, Indian Inhabitants, presently residing at Village - Bajghera, Tehsil
and District - Gurgaon, Haryana;
3) Mr. Naveen Gupta, an adult, Indian Inhabitants, presently residing at 6- B/4, Northern
Extension Area, Old Rajender Nagar, New Delhi - 110001;
4) M/s. CSN Estates Private Limited, (a Sidhartha Group Company) a Company incorporated
under Companies Act, 1956 having its registered office at 128, G.F., Sector 44, Gurgaon,
Haryana - 122003 (“CSN”)

All collectively referred to as “OWNERS” (which expression unless excluded by or repugnant to
the context or meaning thereof, shall mean and include his/her/its heirs, executors, administrators,
successors and legal representatives) of the Second Part.
AND
(FOR INDIVIDUALS)
Mr./Ms./Mrs._________________________________________________________________________________________
R/o________________________________________________________________________________having Income tax
PAN No. _________________________________
PROMOTER AND OWNERS PURCHASER(S)
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OR
(FOR FIRMS)
M/s.__________________________________________________________________________________ a partnership/
proprietorship firm duly registered and having its office at ______________________________________
_________________________________________________________________ through its Authorised Signatory
Partner/ Sole Proprietor Mr./ Ms./ Mrs. ______________________________________________________________
R/o________________________________________________________________________________having Income tax
PAN No. __________________
OR
(FOR COMPANIES)
M/s.__________________________________________________________, a Company duly registered under
Companies Act, 1956 having its registered office at _________________________________________________
_______________________________ and PAN No. __________________ through its duly Authorised Signatory
Mr./ Ms./ Mrs. ______________________________________________________ authorized by board resolution
dated ______________
JOINTLY WITH*
Mr./Ms./Mrs._________________________________________________________________________________________
R/o_______________________________________________________________________________having Income Tax
PAN No._____________________
* (To be filled up, if the allotment is in the joint names)
# (Strike out whatever is not applicable)
hereinafter jointly and severally referred to as the ‘PURCHASER(S)’ (which expression unless
excluded by or repugnant to the context or meaning thereof, shall mean and include his/her/its
heirs, executors, administrators, successors and legal representatives) of the THIRD PART.
The Party of the First Part is hereinafter referred to as the “PROMOTER”. PROMOTER and
PURCHASER(S) are hereinafter individually referred to as the ‘Party’ and collectively referred to as
the ‘Parties’.
PROMOTER AND OWNERS PURCHASER(S)
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WHEREAS:
(A) By virtue of various title documents executed with the earlier owners, OWNERS became
entitled to the right, title and interest in the property situated at Village Bajghera, Tehsil and
District Gurgaon admeasuring about 21.04375 Acres or thereabouts, more particularly
described in the First Schedule hereunder (hereinafter referred to as “said Property”).
(B) By virtue of various collaboration agreements, supplementary agreements and power of
attorney (“Said Agreements”) executed with the earlier owners including OWNERS in this
Agreement, CSN became seized and possessed of and otherwise well and sufficiently entitled
to the said Property. CSN/PROMOTER shall be handing over the possession of premises duly
constructed to OWNERS as per their understanding in Said Agreements. On completion of
PROJECT, OWNERS shall also be considered allottees/purchasers/owners of the constructed
premises in the said Property.
(C) The Director, Town and Country Planning, Chandigarh, Haryana has issued Group Housing
license bearing No. 105 of 2011, dated 11/12/2011 and Licence bearing number 85, 86 of
2012 dated 29/08/2012 in favour of CSN for development of said Property and the zoning
plan and order is issued by the office of Town and Country Planning for said Property.
(D) CSN and PROMOTER (being the Joint venture between CSN and Tata Housing Development
Company Limited) have entered into a Joint Development Agreement dated 08th May, 2012
for jointly developing said Property. CSN has executed a Powers of Attorney in favour of
PROMOTER (hereinafter referred to as the said “Development Agreement”).
(E) PROMOTER with the consent and approval of CSN has got approved and sanctioned from
the DTCP the plans (including building plan), designs, specifications, elevations, sections and
while approving and sanctioning the same DTCP has laid down certain terms, conditions,
stipulations and restrictions which are to be observed and performed while developing said
Property, and upon due observance and performance of which only the Completion and
Occupation Certificates in respect of the Group Housing development shall be granted by
the concerned local authority. PROMOTER shall commence the development of the said
Property and PROJECT (defined hereinafter) only after obtaining all necessary approvals
from the concerned authorities including Ministry of Environment and Forests (MOEF).
(F) Further, PROMOTER is desirous of and entitled to develop said Property in a phased manner,
by constructing buildings and structures thereon consisting of apartments, tenements,
dwelling units and premises, EWS units, of all kinds, for residential, non-residential, and/or
any other authorized user, together with provision of parking spaces and other necessary
PROMOTER AND OWNERS PURCHASER(S)
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amenities and services thereto like Club/Community building, garden, children’s play area,
open spaces etc., for the purpose of selling, leasing or otherwise transferring the same to the
prospective purchasers, lessees and other transferees, (collectively referred to as “PROJECT”)
in the manner and on the terms, conditions, stipulations and provisions contained in the
Development Agreement and PROMOTER is also entitled to sign and execute the necessary
agreements, deeds, documents and writings with the purchasers/transferees of the said
Premises.
(G) The PROMOTER is already in the process of construction and development of the said Property
under the phase I. Presently, the PROMOTER is in the process of developing a residential
complex proposed to be known as “LA VIDA” or by some other name as proposed by the
PROMOTER (hereinafter referred to as ‘COMPLEX’) forming part of the said Property and
shall be consisting of approximately several multi storied residential buildings/blocks, primary
school, nursery school, convenient shopping/retails units, club house/community centre etc.
as per the approved plan (hereinafter collectively referred to as “the Said New Buildings”).
The proposed Complex layout plan on the said Property with outline of residential building/
blocks within the Complex plan is annexed hereto as ANNEXURE “A”.
(H) PROMOTER has submitted necessary plans for building approval and Directorate of Town
and Country Planning (“DTCP”), Haryana has granted approval of the plans vide order dated
3rd June, 2016 bearing no. ZP-766/SD(BS)/2016/11348. PROMOTER has obtained various
approvals from the concerned authorities including the Haryana Urban Development
Authority (“HUDA”) the list whereof is annexed as ANNEXURE “B”.
(I) The PROMOTER has conveyed, explained and has specifically made it clear to the
PURCHASER(S) and the PURCHASER(S) has understood the same that the PROMOTER may
have to change/revise/alter the said Building plan/ Layout plan or construct additional
building/s and community building with thereon at its sole discretion and/ or change the said
Layout plan/Building plan due to any directions / conditions imposed by the concerned local
authorities at any stage. Such revisions are in principle approved by the office of Directorate
of Town and Country Planning, Haryana. Such alteration and changes shall, then be binding
on the PURCHASER(S) and the PURCHASER(S) hereby confirms that it shall not be necessary
on the part of PROMOTER to seek consent of PURCHASER(S) for the purpose of making
any changes in order to comply with such directions, conditions and as long as it does not
affect the area of the said Apartment sold hereunder. The said Building plans/ Layout plan
along with construction of additional building/s on the said Project and the Complex as may
be amended and approved from time to time and shall supersede the existing building
plans and approvals as given in Annexure B hereto. The building plans/ layout plan of the
residential complex as may be amended and approved from time to time shall supersede the
PROMOTER AND OWNERS PURCHASER(S)
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proposed tentative building plans and/or previously approved building plans as the case
may be. PROMOTER shall also be providing Club, landscaping garden earmarked in addition
to multi storied residential buildings.
(J) The PROMOTER has entered into a standard agreement with its Architect, viz. ARCOP
Associates Pvt. Ltd. a company having a registered office at Plot No. 36B, Sector-32,
Institutional Area, Gurgaon-122001 Haryana, India (hereinafter referred to as ”THE ARCHITECT”),
who is registered with the Council of Architects. M/s. ARCOP Associates Pvt. Ltd. is the
Master Planners for the PROJECT and such agreement is as per the agreement prepared
by the Council of Architects, and PROMOTER has appointed a structural engineer for the
preparation of the structural design and drawings of the said new buildings.
(K) The PROMOTER will have the right to decide the phases of development and which block(s)/
building(s) to construct first. All the buildings may not be constructed simultaneously. The
Project and the Complex will be completed in various construction phases and availability
of few common amenities, services and Club will be dependent on the construction phasing
and may get ready till the last phase is completed or/and at the end of the Project and
the Complex. PURCHASER(S) shall not be entitled to claim any right in respect of Club,
landscaping garden and the land appurtenant thereto and / or any of the common facilities
in the Complex. The PURCHASER(S) shall be entitled to use Club subject to the rules,
regulations / guidelines framed by PROMOTER and / or the said ORGANIZATION (defined
hereunder) as the case may be.

(L) The PURCHASER(S) has demanded from PROMOTER and PROMOTER has given inspection
to PURCHASER(S), of all the documents of title relating to the said Property, the plans,
designs and specifications of the Said New Buildings and of such other relevant documents.
The PURCHASER(S) has/have verified and is/are satisfied with the documents/deeds, which
entitles the PROMOTER to allot the said Apartment (as defined later) and such allotment of
the said Apartment to the PURCHASER(S) by the PROMOTER is on the basis of terms and
conditions as contained herein. The PURCHASER(S) has/have knowledge of the applicable
laws, notifications and rules applicable to the said Property and understand/s all limitations
and obligations in respect of it and there will be no further investigation or objection by the
PURCHASER(S) in this regard.
(M) The PURCHASER(S) has/have apprised himself of the applicable laws, notifications and rules
applicable to the said Property and the said Property and understand/s all limitations
and obligations in respect of it and there will be no further investigation or objection by
PURCHASER(S) in this regard.
PROMOTER AND OWNERS PURCHASER(S)
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(N) The PURCHASER(S) has/ have applied to PROMOTER for allotment to PURCHASER(S) of
Apartment No. _________ admeasuring ___________ sq. mtrs equivalent to _____________sq. ft. of
carpet area on the ______ floor (hereinafter referred to as the said “Apartment”) of the Building/
Block No.______ (hereinafter referred to as “the said Building”), as shown in the typical floor
plan thereof hereto annexed and marked as ANNEXURE “C”along with proportionate right in
Common Areas of the said Building namely passage, foyer, terrace, stairs, lifts etc. along with
stipulated undivided interest in the land beneath the superstructure of the said Building, more
particularly described in SECOND SCHEDULE written hereunder for the Sale Consideration of
Rs._____________/-(Rupees________________________________________________________________only)
and subject to charges as mentioned in the payment schedule as per ANNEXURE “D”
annexed hereto, along with the list of other charges annexed hereto as ANNEXURE “D1”
along with the list of outgoings as ANNEXURE “D2”. This is exclusive of all taxes, charges,
levies, cess, stamp duty charges, registration charges etc.
Relying upon the aforesaid application for an effective and complete use of the said
Apartment, the PROMOTER has agreed to permit the PURCHASER(S) for use ______ open /
covered Car park space and the same shall be earmarked for the PURCHASER(S) and shall
be governed by the scheme of development as detailed in Article 4 of this Agreement.
(O) Relying upon the aforesaid application, PROMOTER has agreed to allot and sell to
PURCHASER(S), the said Apartment at the price and on the terms, conditions, covenants,
stipulations and provisions hereinafter appearing.
(P) On or before the execution of these presents, the PURCHASER(S) has/ have paid to the PROMOTER
a sum of Rs. __________________/- (Rupees_______________________________________________ Only),
being part payment of the Sale Consideration payable as per Annexure D hereunder (the
payment and receipt where of the PROMOTER hereby admits and acknowledges) and the
PURCHASER(S) has/have agreed and undertaken to pay to the PROMOTER the balance of
the agreed Sale Consideration and such other charges in the manner as mentioned in this
Agreement and as per payment plan in Annexure D.
(Q) PURCHASER(S) hereby undertake/s that he/she/they shall abide by all laws, rules, regulations,
notifications and terms and shall be liable for defaults and/ or breaches of any of the
conditions, rules or regulations as may be applicable to the Complex.
(R) PURCHASER(S) has represented and warranted to PROMOTER that PURCHASER(S) has the
power, competence and authority to enter into and perform this Agreement and has clearly
understood his rights, duties, responsibilities and obligations under this Agreement.
(S) The Parties have agreed to the terms and conditions of this Agreement as set forth hereinafter.
PROMOTER AND OWNERS PURCHASER(S)
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NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS AND MUTUAL COVENANTS,
REPRESENTATIONS AND WARRANTIES THE PARTIES TO THIS AGREEMENT
INTENDING TO BE LEGALLY BOUND AND AGREE AS UNDER:
ARTICLE 1 - INTERPRETATION
1.1 DEFINITIONS:
1.1.1 Agreement : Agreement shall mean this Apartment Buyer’s Agreement.
1.1.2 Allotment Letter: Allotment letter means the letter issued by the PROMOTER thereby
confirming the allotment of the said Apartment in favour of Applicant therein and the
PURCHASER(S) herein.
1.1.3 Amenities : Amenities shall mean and include all the common areas, facilities, amenities
erections constructions and installations comprised in the said Building and/or the in
the Complex and expressed or intended by the PROMOTER at its absolute discretion
for common use and enjoyment of the purchasers/ transferees of apartments, units,
premises in the said New Buildings.
1.1.4 Applicable Law: Applicable Law mean and include all the statutory laws, regulations,
rules, notifications and circulars already issued/will be issued in future by the appropriate
authority which is applicable in connection with the transfer of the said Apartment in
favour of the PURCHASER(S) by the PROMOTER.
1.1.5 Application Money: Application money means the amount received by the PROMOTER
from the PURCHASER(S) towards the application of the said Apartment.
1.1.6 Carpet Area : As defined in Annexure “E” for the purpose of computation of carpet area
of the said Apartment.
1.1.7 Club: Club shall mean the community centre building as approved by the local authorities.
1.1.8 Date of Possession: Date of Possession shall have meaning ascribed to it as mentioned
in Article 5.2 of this Agreement.
1.1.9 Deemed Possession shall mean the possession of the said Apartment, if not taken, by
the PURCHASER(S), possession be deemed to be delivered on the expiry of the 60 days
post the date of Offer of Possession.
1.1.10 Earnest Money: Earnest money shall mean 15% of the said Sale Consideration.
1.1.11 Electrical Supply Company: Electrical supply company (ESC) shall mean state electricity
board or any of the company or any other body /licensing authority constituted by the
said Statutory Authorities for such purpose, to receive and distribute bulk supply of
electrical energy.
PROMOTER AND OWNERS PURCHASER(S)
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