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AGREEMENT FOR SALE


THIS AGREEMENT FOR SALE is made on ................ day of ............................,
Two Thousand Fourteen (2014).
BETWEEN
BALDEO BUSINESS CENTER [PAN NO. ..............................], a Partnership firm,
constituted under a deed of partnership dated 1st day of April, 2007, having its place
of business at 65, Sri Arabinda Sarani, Kolkata, respresented by its Partners namely
GYANESHWAR PRASAD AGARWAL, AKSHAY KUMAR AGARWAL, JAI
KRISHNA AGARWAL & SHEELA AGARWAL, hereinafter called and referred to
as the OWNER/VENDOR (which term or expression shall unless excluded by or
repugnant to the subject or context be deemed to mean and include its successor
and/or successors in office/interest and assigns) of the ONE PART.
AND
1.

............................................. [PAN NO. ...........................], son/wife/daughter


of ........................................................................, by faith - ................., by
occupation

.....................,

by

nationality

Indian,

residing

at ..........................................................................................................................
.......................................................................................................................
2.

............................................. [PAN NO. ...........................], son/wife/daughter


of ........................................................................, by faith - ................., by
occupation

.....................,

by

nationality

Indian,

residing

at ..........................................................................................................................
.......................................................................................................................,
hereinafter called and referred to as the PURCHASER/S (which term or

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expression shall unless excluded by or repugnant to the context be deemed to
mean and include his/her heirs, executor(s), administrator(s), legal
representative(s) and assign(s)) of the OTHER PART.
WHEREAS :
A)

P.C. MITTER & COMPANY PRIVATE LIMITED (2) MALAY KUMAR


MITTER

(3) PROBIR KUMAR MITRA (4) ARIJIT MITTRA

(5)

ANANJAN MITTER (6) NILANJAN MITTER (7) GAUTAM MITRA (8)


GITA MITRA and (9) KAUSHIK MITRA (hereinafter collectively referred to
as the MITRA FAMILY OWNERS) AND (1) VISHAL KHETAWAT (2)
SMT. KANTA DEVI KHETAWAT (3) ANIL KUMAR KHETAWAT, (4) SRI
JUGAL KISHORE KHETAWAT (5) BALDEO BUSINESS CENTER
(hereinafter collectively referred to as

the KHETAWAT GROUP

OWNERS) are presently the Owners of ALL THAT the piece and parcel of
an amalgamated plot of land measuring 449 Decimals equivalent to 4.49 Acres
more or less comprised in R.S./L.R. Dag Nos. 2, 5, 6 & 10 under R.S. Khatian
Nos. 2051, 2041, 2045, 2039, 2050, 2048, 364/1, 2049, 2046, 2042, 2044,
326/1, 2043, 2047, 2040, lying and situated at Mouza - Basina, J.L. No. 31,
P.S. Rajarhat, A.D.S.R.O. Bidhannagar, Salt Lake City now Rajarhat, New
Town, in the District North 24 Parganas, more fully and particularly
mentioned and described in FIRST SCHEDULE hereunder written and
hereinafter referred to as the said PROPERTY.
B)

The Mitra Family Owners and the Khetawat Group Owners wherever the
context so permits are collectively referred to as the OWNERS

C)

By an Agreement dated 11th June, 2010 (hereinafter referred to as the


DEVELOPMENT AGREEMENT) entered into between the present Owner
alongwith other owners referred above and the Khetawat Towers Pvt. Ltd.,
having its Registered Office at 19A, Sarat Bose Road, Kolkata - 700 020,
Developer therein, the Owners have granted the exclusive right of developer in
respect of the said Property unto and in favour of the said Developer for the

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consideration and subject to the terms and conditions contained and recorded
in the said Development Agreement
D)

By and under the said Development Agreement it has been agreed between the
Owners and the Developer that in consideration of the Developer having
agreed to undertake development of the said property the Developer shall be
entitled to 70% of the total constructed area forming part of the Housing
Project to comprise of various flats units apartments and parking spaces and
together with the undivided proportionate share in all common parts portions
areas facilities and amenities and together with the undivided proportionate
share in the land comprised in the said property attributable thereto
(hereinafter referred to as the DEVELOPERS ALLOCATION) and that the
remaining 30% of the total constructed area forming part of the Housing
Project to comprise of various flats units apartments and parking spaces and
together with the undivided proportionate share in all common parts portions
areas facilities and amenities and together with the undivided proportionate
share in the land comprised in the said property attributable thereto
(hereinafter referred to as the OWNERS ALLOCATION) and that the said
Owners Allocation shall be divided and apportioned amongst the owners

E)

By and under the said Development Agreement it has been expressly agreed
between the parties thereto that each of the Owners and the Developer shall be
entitled to enter into agreement for sale and transfer of their respective
allocations independently of each other.

F)

In pursuance of the said Development Agreement, the Developer caused a map


or plan to be sanctioned by the authorities concerned (hereinafter referred to as
the said PLAN) whereby the Developer has become entitled to construct erect
and complete 15 (fifteen) blocks and/or buildings (hereinafter referred to as
the HOUSING PROJECT) each block and/or buildings to comprise of various
flats units apartments and parking spaces capable of being held and/or enjoyed
independently of each other

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G)

The Developer has already commenced the work of construction of the said
Housing Project to be commonly known as Rameswara Water View.

H)

In accordance with the said Development Agreement dated 11.06.2010 and in


accordance with final allotment of the units, the said Developer handed over
ALL THAT piece and parcel of one independent residential flat, being Flat No.
......... on the ................ Floor of Block No. 2, measuring .................. sq.ft.
more or less of super built up area TOGETHER WITH 1 (One) covered car
space, on the Ground Floor of Block No. 2, measuring .............. sq.ft. more or
less of super built up area, lying and situated in the said building complex
namely RAMESWARA WATER VIEW AND TOGETHER WITH
undivided proportionate share land, common common amenities, common
facilities of the said building complex (hereinafter called and referred to as the
SAID PROPERTY), to the said Baldeo Business Center as their Owners
Allocation.

I)

The purchaser herein has approached the present owner, Baldeo Business
Center for purchasing the SAID PROPERTY from Owners Allocation,
morefully described in the Second Schedule hereunder written.

J)

The present owner has accepted the proposal of the present purchaser and
agreed to sell the SAID PROPERTY under some terms and conditions
enumerated below.

K)

The total sale consideration for the SAID FLAT is Rs. .........................
(Rupees ................................. .............................................)

only

Rs. ........................... (Rupees ..............................................) only per sq.ft. of


super built up area AND total sale consideration for SAID CAR PARKING
SPACE is Rs. ......................... (Rupees ...................................................) only
in

aggregated

consideration

of

Rs.

...........................

(Rupees .......................................................................) only, which is accepted


and confirmed by both the parties herein.

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NOW THIS AGREEMENT WITNESSETH AND IT IS AGREED BY AND
BETWEEN THE PARTIES HERETO as follows:
1.

ACKNOWLEDGEMENT AND DISCLAIMER

1.1

At or before entering into this Agreement the Purchaser have fully satisfied
themselves as to :

i)

The title and right of the Owner.

ii)

Have inspected the said Development Agreement entered into between the
Owners and the Developer.

iii)

Have inspected the said Allocation Agreement/Final Allotment entered into


between the Owner and the Developer and are fully satisfied as to the right of
the Owner to enter into this Agreement.

iv)

Have inspected the Plan sanctioned by the authorities concerned.

v)

Are fully satisfied as to the total super built up area to comprise in the said
unit.

vi)

Have agreed not to claim any right over and in respect of the other parts and
portions of the said Housing complex including the roof unless expressly
permitted or conferred upon the Purchaser.

vii) And have agreed not to raise any objections whatsoever or howsoever.
ARTICLE II DEFINITIONS
In these presents unless there is anything in the subject or context inconsistent with
the following expression shall have the meaning assigned against them as follows:
2.1

ARCHITECT shall mean architects appointed by the Developer.

2.2

BUILDINGS shall mean the New Buildings in which the Flat intended to be
acquired by the Purchaser is situated and to be constructed in accordance with
the plan sanctioned by the authorities concerned with such variations or
alteration as may be permitted.

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2.3

PARKING SPACE shall mean All that the 1 (One) covered Car Parking
Space lying at the ground floor of the said New Buildings.

2.4

COMMON PURPOSE shall mean and include the purpose of maintaining


the said Housing Complex including the said New Buildings in which the said
Flat intended to be acquired by the Purchaser and in particular the common
parts and meeting of the common expenses and matters relating to mutual
rights and obligations of the owner of various Flats and common use and
enjoyment thereof.

2.5

COMMON EXPENSES/THE MAINTENANCE EXPENSES shall mean


the proportionate share of common expenses to be paid borne and contributed
by the intending Purchaser for rendition of common services briefly described
and without limitation is in SIXTH SCHEDULE hereunder written.

2.6

COMMON PARTS AND PORTIONS shall mean and include lobbies,


staircases, passage ways, Lift-shafts, sub-station, pump rooms, machine room,
water tank, generator room, and other facilities whatsoever required for
maintenance and/or management of the housing complex to be determined by
the Developer, which is more fully and particularly described in the THIRD
SCHEDULE hereunder written.

2.7

COMMON FACILITIES shall mean the facilities which shall remain


common for all the owners and/or occupiers of the said housing complex for
beneficial use and enjoyment of respective Flats/Unit.

2.8

HOUSING COMPLEX shall mean the various New Buildings and/or blocks
to be constructed by the developer on the said property having several self
contained flats, units, apartments and parking spaces reserved for a particular
building.

2.9

PLAN the Buildings plan sanctioned by Gram Panchayat, Bishnupur II,


Rajarhat dated 04/01/2011 and shall include all such modifications or

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variations as may be made by the developer from time to time with prior
sanction from the authorities concerned.
2.10

PARKING SPACES shall mean the spaces which are specifically designated
in a particular buildings/block for the purpose of parking of cars and/or two
wheelers and the remaining area shall absolutely vest and/or belong to the
Seller together with the right to sell transfer and/or grant use thereof to any
person and/or person as the developer in its absolute discretion may deem fit
and proper.

2.11

PURCHASER(S) shall mean the present purchaser/s and her/her heirs, legal
representatives, executors administrators and assigns.

2.12

OWNER/VENDOR shall mean the present Owner/Vendor and shall include


its successor and/or successors in office/interest and assigns.

2.13

SERVICE INSTALLATIONS shall mean sewers, drains, channels, pipes,


water courses, gutters, main wires cables, conduits, aerials, tanks, and soak
ways and any other apparatus for the supply of water electricity or telephone
and for the disposal of foul or surface water.

2.14

SINKING/RESERVE FUND - At or before entering into this agreement it


has been expressly communicated to the Purchaser that the said New
Buildings to form part of the said Housing Complex is to be kept and retained
as a decent residential complex in the city of Kolkata (Rajarhat) and as such to
avoid any controversy in future and also for ensuring proper maintenance and
up-keep of the New Buildings and/or Housing Complex continues it has been
agreed that the Purchaser shall keep in deposit with the Developer an amount
as may be determined by the said Developer in its absolute discretion towards
Sinking/Reserve Fund which shall be held free of interest by the Developer
and

upon

the

formation

of

the

Society/Association/

Holding

Organisation/Syndicate (HOLDING ORGANISATION) made over to the


Holding Organisation

who shall

be entitled to invest the same in such

securities and in such manner as the Holding Organisation may think fit and

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apply the income for the purpose of meeting the expenses which may be
necessary or required or the purpose of repairs maintenance security and
upkeep of the buildings and such deposit towards such sinking/reserve fund
shall not absolve the Purchaser of her/his obligations to make payment or
contribute for periodical maintenance and other charges.
2.15

SUPER BUILT UP AREA shall mean the total built up area of the Flat/Unit
including the proportionate share in the common parts, portions, areas, or
facilities and amenities comprised in the said New Buildings and the aggregate
of the same shall be the super built up area of the Flat/Unit.

2.16

USER/HOUSE RULES shall mean the rules and regulations regarding the
user/holding of the said Flat as hereinafter stated.

ARTICLE III INTERPRETATIONS


3.1

In this Agreement (save to the extent that the context otherwise so requires):

i)

Any reference to any act of Parliament or State Legislation whether general or


specific shall include any modification, extension or re-enactment of it for the
time being in force and all instruments, orders, plans, regulations, bye-laws
permissions or directions any time issued under it.

ii)

Reference to any agreement, contract deed or documents shall be construed as


a reference to it as it may have been or may from time to time be amended,
varied, altered, modified, supplemented or novated.

iii)

An obligation of the Purchaser in this Agreement to do something shall


include an obligation to ensure that the same shall be done and obligation on
her part not to do something shall include an obligation not to permit, suffer or
allow the same to be done.

iv)

Words denoting Masculine gender shall include feminine and neutral genders
as well.

v)

Words denoting singular number shall include the plural and vice versa.

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vi)

A reference to a statutory provision includes a reference to any modification,


consideration or re-enactment thereof for the time being in force and all
statutory instruments or orders made pursuant thereto.

vii)

Any reference to this agreement or any of the provisions thereof includes all
amendments and modification made in this Agreement from time to time in
force.

viii)

The headings in this agreement are inserted for convenience of reference and
shall be ignored in the interpretation and construction of this agreement.

ix)

The Schedules shall have effect and be construed as an integral part of this
agreement.

ARTICLE IV COMMENCEMENT TITLE


4.1

This Agreement has commenced and/or shall be deemed to have commenced


on and with effect from the date of execution hereof (hereinafter referred to as
the COMMENCEMENT DATE).

4.2

The Purchaser has/have inspected the title of the Owner in respect of the said
Property and agrees and covenants not to raise any objection whatsoever or
howsoever.

4.3

The Purchaser has inspected the buildings plan duly sanctioned by Gram
Panchayat, Bishnupur II, Rajarhat.

4.4

That the Developer shall be entitled to change and/or alter and/or modify the
said Plan

4.5

The Developer shall be entitled to change the user of any part or portion of the
said New Buildings and the Purchaser agrees not to raise any objection
whatsoever or howsoever

ARTICLE V SALE AND TRANSFER


5.1

In consideration of the various amounts agreed to be paid by the Purchaser and


subject to Purchaser performing and observing all the conditions and
covenants to be performed and observed on the part of the Purchaser, the
Owner/Vendor has agreed to sell and transfer SAID PROPERTY more fully

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and particularly mentioned and described in the SECOND

SCHEDULE

hereunder written.
5.2

The common parts and portions in the said New Buildings and/or Housing
Complex shall be such as shall be necessary or be required and as thought fit
and determined by the developer for the beneficial enjoyment of the said
Flat/Unit and the Properties Appurtenant Thereto and such common parts and
portions shall be declared and/or identified by the developer only upon the
completion certificate is granted by the Gram Panchayat, Bishnupur II,
Rajarhat.

5.3

The right of the Purchaser shall remain restricted to the said Flat/Unit and the
Properties Appurtenant Thereto and the Purchaser shall have no right nor shall
any right over and in respect of any other Units and/or open spaces including
the roof which shall always be deemed to have vested in the Developer.

5.4

AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED by and


between the parties hereto that the right of the Purchaser shall remain
restricted to the said Flat/Unit and in no event the Purchaser shall be entitled to
and hereby acknowledges that they will have no right over and in respect of
the exterior walls and/or corridors and/or other parts and portions of the New
Buildings and/or Housing Complex.

ARTICLE VI CONSIDERATION/PAYMENT
6.1

In consideration of the above the Purchaser has agreed to pay to the


Owner/Vendor an aggregate sum of Rs. ../- (Rupees
..) only (hereinafter referred to
as the TOTAL CONSIDERATION AMOUNT)

6.2

The said total consideration amount shall be paid in the manner as provided
for in the FOURTH SCHEDULE hereunder written by the Purchaser to the
Owner/Vendor herein.

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6.3

All payment shall be made at the office of the Owner/Vendor against proper
and effectual receipts to be provided by the Owner/Vendor or any person
authorized by them.

6.4

In the event of any default on the part of the Purchaser in making payment of
any of the installments agreed to be paid by the Purchaser to the
Owner/Vendor then and in that event without prejudice to any other right
which the Owner/Vendor may have the Owner/Vendor shall be entitled to
claim and the Purchaser shall be liable to pay interest at the rate of 18%
(Eighteen Per Cent) percent per annum on the amounts remaining outstanding.

6.5

In addition to the said total consideration amount agreed to be paid by the


Purchaser to the Owner/Vendor herein as hereinbefore mentioned, the
Purchaser shall be liable and have obligated themselves to make payment of
various other amounts as and by way of deposits and/or fixed charges which
will include the amounts on account of electricity deposits, formation of
association and other amounts (more fully and particularly mentioned and
described in the FIFTH SCHEDULE hereunder written).
None of the aforesaid amounts to be paid by the Purchaser to the
Owner/Vendor as and by way of deposits are refundable and the Purchaser
shall not be entitled to and agree not to claim refund of the said amounts paid
and in the event of non payment of the municipal rates and taxes and
maintenance charges then and in that event the Owner/Vendor at its absolute
discretion (though not obligatory) shall be entitled to adjust and appropriated
the same out of the said deposits.

6.6

All amounts payable in respect of such deposits shall be paid by the Purchaser
before taking over possession of the Flat/Unit and in no event the Purchaser
shall be entitled to claim possession until such time the Purchaser have made
full payment of the Total Consideration Amount including amounts to be paid
on account of Non Refundable Deposits and in addition the Purchaser agrees
to make payment of the charges in respect of:

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a)

Charges for providing any additional work in or relating to the said Flat at the
request of the Purchaser and for providing any additional facilities or utility
for the said Flat.

b)

All betterment fees taxes and other levies charges imposed by the Government
or any other authority relating to the said Properties and/or the said Flat/Unit
shall be paid and borne by the Purchaser proportionate to her interest therein
and those relating only to the said Flat/Unit shall be borne solely and
conclusively by the Purchaser.

c)

Proportionate share of any additional facility or amenity provided for in the


said New Buildings for the benefit of all the Unit / Flat Owners of the
Residential Area.

d)

Service Tax @ Rs. 3.09% on sales consideration will be paid by the Purchaser.
The Purchaser will pay this service tax proportionately with the installments to
be paid by them. This rate may be revised in accordance with the order passed
by the Custom and Excise Department, Govt. of India.

6.7

Time for payment being the essence of the contract.

6.8

In the event of the developer providing any additional materials facilities or


gadgets over and above what has been agreed upon for the benefit of the
residents of the buildings the Purchaser shall be liable to make payment of the
proportionate share in respect thereof and the same shall form part of the
common portions. However, whether such additional facilities or amenities are
to be provided for will be entirety at the sole discretion of the developer and
the Purchaser hereby consents to the same.

ARTICLE VII CONSTRUCTION AND COMPLETION


7.1

The developer shall construct erect and complete the said buildings/block
and/or the said Flat with such materials and/or specifications (more fully and
particularly mentioned and described in the SEVENTH SCHEDULE
hereunder written) and/or with such materials and/or specifications as shall be
recommended by the Architect and the Purchaser has agreed not to raise any
objection whatsoever or howsoever.

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7.2

Construction, finishing and making Registration of the Said Property habitable


(1) in bare condition and (2) as per the Specifications, the decision of the
Architect in this regard being final and binding], shall be done by the
Owner/Vendor within .............. months from the date of agreement
(Completion Date) provided however the Completion Date may be extended
by a period of 6 (Six) months (Extended Period) at the option of the
Owner/Vendor.
It has been expressly agreed by and between the parties hereto that unless
prevented by circumstances beyond the control of the seller the said New
Building is likely to be completed within the stated period, the said New
Building shall be deemed to have been completed if made fit for habitation
and certified so by the Architect and in the event of non-completion of the said
New Building within the said completion date, the Owner/Vendor shall fail to
complete the said Unit then and in that event the Purchaser shall be entitled to
and the Owner/Vendor shall be liable to pay compensation at the rate of Rs
3/sq. feet per month on the super built up area of the said Unit until such time
that the said Unit is completed Subject However to the Purchaser paying,
performing, and observing all the terms and conditions on its part to be paid
performed and observed in terms of this Agreement.

7.3

The Purchaser agrees and covenants with the Owner/Vendor and the developer
not to do any act deed or thing whereby the Owner/Vendor and the developer
is prevented from undertaking and/or carrying on with the work of
construction unhindered

7.4

In the event of any act deed or thing done by the Purchaser which may prevent
the developer from continuing with the work of construction then and in that
event the Purchaser shall be liable and agrees to keep the Owner/Vendor and
the developer saved harmless and fully indemnified.

7.5

The said Flat/Unit shall be deemed to have been completed if made fit for
habitation and certified so by the Architect.

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ARTICLE VIII POSSESSION


8.1

Immediately after the said Flat/Unit is ready and made fit for habitation (and
in this regard the decision of the Architect shall be final and binding) the
Owner/Vendor shall serve a notice on the Purchaser and within 07 days from
the date of such notice (hereinafter referred to as the POSSESSION DATE)
the Purchaser shall be deemed to have taken over possession of the said
Flat/Unit for the purpose of making payment of the common expenses and
maintenance charges PROVIDED HOWEVER in no event the Purchaser shall
be entitled to claim physical possession of the said Flat/Unit until such time
the Purchaser have made full payment and/or deposited all the amounts
payable by the Purchaser to the Owner/Vendor and the Owner/Vendor shall
not be liable to deliver possession of the said Flat/Unit until such time the
Purchaser have made full payment of the amounts agreed to be paid by the
Purchaser in terms of this Agreement.

8.2

Before the date of possession of the said Flat/Unit the Purchaser agrees and
covenants: -

a)

To pay to the Owner/Vendor and / or the developer such amounts due and
payable on account of the consideration as mentioned in Fourth Schedule
hereto and the proportionate costs of all payments made for extra common
facilities to be provided to all occupiers of the said Buildings.

b)

To deposit amounts free of interest with the Owner/Vendor/developer for the


purpose and subject to the conditions mentioned in Part I and Part II of the
Fifth Schedule hereunder written.

8.3

From the Date of Possession the Purchaser shall be liable to and agree to pay
and contribute the proportionate share of Municipal/Panchayet rates, multistoried taxes and other taxes, maintenance and service charges and all other
outgoings payable presently or which may be imposed or levied in future in
respect of the said Flat/Unit and proportionately for the whole buildings and

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Properties regularly and punctually whether actual physical possession of the
said Flat/Unit is taken or not by the Purchaser.
8.4

In no event the Purchaser shall be entitled to have any claim against the
Owner/Vendor and the developer if the said New Buildings and the said
Flat/Unit are not completed within the completion date, if the Owner/Vendor
and developer is prevented from any circumstances beyond the control of the
Owner/Vendor and developer and the certificate of the Architect in this regard
shall be final and conclusive and binding on the parties.

ARTICLE IX HOUSE RULES/USER AND OTHER OBLIGATION


9.1

Upon full payment of all the amounts agreed to be paid by the Purchaser to the
Owner/Vendor in terms of this agreement the Purchaser shall be put in
possession of the said Flat/Unit/Said Property.

9.2

As from the date of possession of the said Flat/Unit the Purchaser agrees and
covenants -

(a)

To co-operate with the other co-Purchaser and the Owner/Vendor and the
developer in the management and maintenance of the said New Buildings.

(b)

To observe the rules framed from time to time by the developer and upon the
formation of the Holding Organisation by such Holding Organisation.

(c)

To use the said Flat/Unit for residential purposes and not for other purposes
whatsoever without the consent in writing of the Owner/Vendor and developer.

(d)

To allow the Owner/Vendor/Developer with or without workmen to enter into


the said Flat/Unit for the purpose of maintenance and repairs but only with 48
hours prior notice in writing to the Purchaser.

(e)

To pay and bear the common expenses and other outgoings and expenses since
the date of possession and also the rates and taxes for the said Flat/Unit and
proportionately for the New Buildings and/or common parts/areas and wholly
for the said Flat/Unit and/or to make deposits on account thereof in the manner
mentioned hereunder to the developer and upon the formation of the Holding

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Association to such Holding Organisation. Such amount shall be deemed to be
due and payable on and from the date of possession whether physical
possession of the said Flat/Unit has been taken or not by the Purchaser. The
said amounts shall be paid by the Purchaser without raising any objection
thereto regularly and punctually within 72 hours to the developer and upon
formation of the Holding Organisation to such Holding Organisation.
(f)

To deposit the amounts reasonably required with the developer and upon the
formation of the Holding Organisation with such Holding Organisation
towards the liability for rates and taxes and other outgoings.

(g)

To pay charges for electricity in or relation to the said Flat/Unit wholly and
proportionately relating to the common parts.

(h)

Not to subdivide the said Flat/Unit and/or the Parking Space if allotted or any
portion thereof.

(i)

Not to do anything or prevent the developer from making further or additional


legal constructions within 8 A.M. to 6 P.M. within any working day
notwithstanding any temporary disruption in the Purchaser enjoyment of the
said Flat/Unit.

(j)

To maintain or remain responsible for the structural stability of the said


Flat/Unit and not to do anything which has the effect of affecting the structural
stability of the buildings.

(k)

Not to do or cause anything to be done in or around the said Flat/Unit which


may cause or tend to cause or tantamount to cause or effect any damage to any
flooring or ceiling of the said Flat/Unit or adjacent to the said Flat/Unit or in
any manner interfere with the use and rights and enjoyment thereof or any
open passages or amenities available for common use.

(l)

Not to damage demolish or cause to damaged or demolished the said Flat/Unit


or any part thereof or the fittings and fixtures affixed thereto.

(m)

Not to close or permit the closing of verandahs or lounges or balconies and


lobbies and common parts and also not to alter or permit any alteration in the
elevation and outside colour scheme of the exposed walls of the Verandahs
lounge or any external walls or the fences of external doors and windows
including grills of the said Flat/Unit which in the opinion of the developer
differs from the colour Scheme of the buildings or deviation or which in the

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opinion of the developer may affect the elevation in respect of the exterior
walls of the said buildings.
(n)

Not to install grills the design of which have not been suggested and approved
by the Architect.

(o)

Not to do or permit to be done any act or thing which may render void or
make voidable any insurance in respect of the said Flat/Unit or any part of the
said buildings or cause increased premium to be payable in respect thereof if
the buildings is insured.

(p)

Not to make in the said Flat/Unit any structural additional and/or alterations
such as beams columns partition walls etc or improvements of a permanent
nature except with the prior approval in writing of the developer and with the
sanction of the authorities concerned as and when required.

(q)

Not to use the said Flat/Unit or permit the same to be used for any purposes
whatsoever other than residential purpose and shall not use for the purpose
which may or is likely to cause nuisance or annoyance to coPurchaser/occupiers of the other portions of the said buildings or buildings to
the owners and occupiers of the neighbouring Properties or for any illegal or
immoral purpose or as a Boarding House, Guest House, Club House, Nursing
Home, amusement or Entertainment Centre, Eating or Catering Place,
Dispensary or a Meeting Place or for any commercial or industrial activities
whatsoever.

(r)

Similarly shall not keep in the parking place anything other than private motor
car or motor cycle and shall not raise or put up any kutcha or pucca
constructions grilled wall or enclosure thereon or part thereof and shall keep it
always open as before. Dwelling or staying of any person or blocking by
putting any articles shall not be permitted.

(s)

Not to use or permit to be used the allocated parking space for any other
purpose whatsoever other than parking of her own car.

(t)

Not to park car on the pathway or open spaces of the buildings at any other
place except the space allotted to them and shall use the pathways as would be
decided by the developer.

u)

Not to change or put any clothes in or upon the windows balconies and other
portions which may be exposed in a manner or be visible to the outsiders.

18
(v)

To abide by such buildings rules and regulations as may be made applicable


by the developer before the formation of the Holding Organisation and after
the Holding Organisation is incorporated to comply with and/or adhere to the
buildings rules and regulations of such holding organisation.

HOUSE RULES:
(1)

The lobbies, entrances and stairways of the Buildings shall not be obstructed
or used for any purpose other than ingress to and egress from the Flat/Unit in
the Buildings.

(2)

Children shall not play in the public halls, stairways or elevators.

(3)

No Purchaser/Occupier shall make or permit any disturbing noises in the


Buildings or do or permit anything to be done therein which will interfere with
the rights comfort or convenience of other occupiers. No Occupier shall play
upon or suffer to be played upon musical instrument or permit to be operated a
phonograph or radio or television loud speaker in such the apartment if the
same shall disturb or annoy other occupants of the buildings. No
Purchaser/Occupier shall give vocal or instrumental instruction at any time in
order to reduce sound emanating from an apartment.

(4)

Each Owner shall keep such apartment in a good state of preservation and
cleanliness and shall not throw or permit to be thrown therefrom or from the
doors, windows, terraces, balconies thereof any dirt or other substances.

(5)

No article shall be allowed to be placed in the halls or on the staircase landings


or fire towers nor shall anything be hung or shaken from the floor, windows,
terraces or balconies or place upon the window sills of the Buildings. No
fences or partitions shall be placed or affixed to any terrace without the prior
approval of the developer.

(6)

No shades awnings, window guards, ventilators or air conditioning devises


shall be used in or about the Buildings excepting such as shall have been
approved by the developer.

(7)

No sign, notice or advertisement shall be inscribed or exposed on or at a


window or other part of the buildings except such as shall have been approved
by the developer nor shall anything be projected out of any window of the
Buildings without similar approval.

19
(8)

Water-closets and other water apparatus in the Buildings shall not be used for
any purpose other than those for which they were constructed nor shall any
sweepings, rubbish, rags or any other article be thrown into the same. Any
damage resulting from misuse of an off water-closets or apparatus shall be
paid for by the Flat-owner in whose apartment it shall have been caused.

(9)

No bird or animal shall be kept or harboured in the common areas of the


Buildings. In no event shall dogs and other pets be permitted on elevators or in
any of the common portions of the Buildings unless accompanied.

(10)

No radio or television aerial shall be attached to or hung from the exterior of


the buildings.

(11)

Garbage and refuse from the apartments shall be deposited in such place only
in the Buildings and at such time and in such manner as the superintendent of
the Buildings may direct.

(12)

No vehicle belonging to Purchaser or to a member of the family or guest, subtenant or employee of a lessee shall be parked in the open space or in such
manner as to impede or prevent ready access to the entrance of the Buildings
by another vehicle.

(13)

These house rules may be added to, amended or repealed at any time by the
developer and after formation by the Society/ Association.

9.3

Until formation of such Holding Organisation the Seller shall manage and
maintain the said buildings and the common parts thereof.

9.4

The Purchaser agrees that:

(a)

The Purchaser shall pay regularly and punctually within 7 th day of every
English calendar month and month by month the common expenses as
described in the SIXTH SCHEDULE hereunder written at such rate as may be
decided, determined and apportioned by the developer to be payable from the
date of possession to the Seller and upon formation and transfer of
management of the buildings to the Holding Organisation such payments are
required to be made without any abatement or demand.

(b)

The proportionate rate payable by the Purchaser for the common expenses
shall be decided by the developer from time to time and the Purchaser shall be
liable to pay all such expenses wholly if it relates to the Purchaser Flat/Unit

20
only and proportionately for the buildings as a whole. The statement of
account of the apportionment of the charges as prepared by the developer shall
be conclusive and final. The Purchaser shall not be entitled to dispute or
question the same provided that the billing is reasonable. In the event of the
transfer of the management and administration of the said buildings to the
Holding Organisation in terms of these presents the employees of the
developer such as watchmen, security staff, liftmen etc. shall be employed
and/or absorbed in the employment of such Holding Organisation with
continuity of service and on the same terms and conditions of employment
with the owner/vendor, developer and the Purchaser shall not be entitled to
raise any objection thereto and hereby consents to the same.
(c)

After the formation of the Holding Organisation the Purchaser shall pay such
amounts for the aforesaid purpose as may be fixed and determined by the
Holding Organisation.

(d)

So long as each Flat/Unit in the said Properties shall not be separately mutated
and separated the Purchaser shall pay the proportionate share of all rates and
taxes assessed on the whole Properties including the charges for loss of
electricity while in transmission to the developer from the date of possession.
Such proportion is to be determined by the developer on the basis of the area
of such Flat/Unit in the said Buildings.

(e)

If the Purchaser fails to pay the aforesaid expenses or part thereof within time
as aforesaid the Purchaser shall be liable to pay interest at the rate of 2% per
month and further that if any interest remains unpaid for sixty days, the
developer or upon formation of Holding Organisation. Such Holding
Organisation shall be at liberty to disconnect and/or suspend all common
services attached to the Purchaser Flat/Unit such as water supply, electricity
connection, use of lifts, central antenna, etc. till such dues with interest are
paid and shall also be liable to pay the common expenses for such suspension
period as well as reconnection charges.

ARTICLE X HOLDING ORGANISATION


10.1

Immediately after the completion of the said New Buildings and/or Housing
Complex and the possession is made over to the flat owners in the said New

21
Buildings and/or Housing Complex the developer shall form or cause to be
formed an Association or a Society or Syndicate of the flat owners in the said
Housing Complex (hereinafter called the HOLDING ORGANISATION)
with such rules and regulations as shall be determined by the Advocates and
Solicitors of the developer.
10.2

The Purchaser shall become a member of the Holding Organisation and


hereby agree to abide by the rules and regulations which shall be framed by
the said Holding Organisation for the benefit of all the members of the said
Holding Organisation.

10.3

The Purchaser shall be liable and agrees to abide by such further house rules
as may be made applicable by the said Holding Organisation.

10.4

As and when the said Holding Organisation is formed, the Purchaser shall
become a member of such Holding Organisation and without becoming a
member of such Holding Organisation shall not be entitled to avail of the
various facilities and/or utilities at the said Properties.

ARTICLE XI MANAGEMENT - SINKING FUND


11.1

The Purchaser shall be liable and have obligated themselves to regularly and
punctually make payment of the proportionate share of common maintenance
charges and until such time the said Holding Organisation is formed the
developer shall provide the common services and/or facilities subject to the
Purchaser regularly and punctually making payment of the proportionate share
of common maintenance charges.

11.2

FACILITY MANAGER The developer shall be entitled to appoint a Facility


Management Company (hereinafter referred to as the FACILITY MANAGER)
on such terms and conditions as the developer in its absolute discretion may
deem fit and proper for taking care of the common parts and portions and in
addition to the common maintenance charges payable by the Purchaser the

22
Purchaser shall also be liable to make payment of the proportionate amount
which may become payable to such Facility Manager
11.3

At or before entering into this agreement it has been expressly communicated


to the Purchaser that the said Housing Complex is to be kept and retained as a
decent residential housing complex and as such to avoid any controversy in
future and also for ensuring that proper maintenance and up-keep of the said
housing complex it has been agreed that the Purchaser shall keep in deposit a
amount as may be determined by the developer in their absolute discretion
towards Sinking/Reserve Fund, mentioned below in the FIFTH SCHEDULE,
which shall be held free of interest by the developer and upon the formation
of the Society/Association/Holding Organization/Syndicate (HOLDING
ORGANISATION) made over to the Holding Organization which shall be
entitled to invest the same in such securities and in such manner as the
Holding Organisation may think fit and apply the income for the purpose of
meeting the expenses which may be necessary or required or the purpose of
repairs maintenance security and upkeep of the buildings and such deposit
towards such sinking/ reserve fund shall not absolve the Purchaser of her
obligation for the payment or contribution for periodical maintenance and
other charges.

ARTICLE XII CLUB FACILITIES


12.1

For the benefit of the flat owners of the said housing complex the developer
intends to provide club facilities and such club facilities will be provided in a
divided and demarcated portion of the said Housing Complex (hereinafter
referred to as the CLUB FACILITIES)

12.2

The Purchaser shall be obligated to become a member of the said Club upon
payment of a sum to be calculated at the rate of Rs. 50/- (Rupees Fifty per
sq.ft.) on the total super built-up area forming part of the Flat/Unit and the
Properties Appurtenant Thereto intended to be acquired by the Purchaser and
the said Amount will become payable by the Purchaser to the developer in the
following manner :-

23

12.3

50%

At or before execution of this agreement

50%

At or before taking over possession of the said Flat.

The Purchaser and the direct members of her family shall be entitled to make
use of the said Club upon making payment of the monthly subscription as may
become payable and also subject to the Purchaser abiding by the rules and
regulations of user as may be made applicable by the Holding Organisation
upon its formation and prior thereto by the developer.

12.4

12.5

The said Club Facilities will include


a)

Swimming Pool

b)

Mini Pool for children

c)

Indoor Games Room

d)

Air conditioned community hall

e)

Air conditioned guest room

f)

Indoor gymnasium

The aforesaid facilities shall be of such size and of such dimensions as the
developer in its absolute discretion shall deem fit and proper.

12.6

In the event of the Purchaser and/or the direct members of her family making
use of the Air Conditioned Community hall and/or the Air Conditioned Guest
Room the Purchaser shall be liable to make payment of the charges for user
thereof as may be determined by the Holding Organisation upon its formation
and prior thereto by the developer.

ARTICLE XIIIDOCUMENTATION AND PROFESSIONAL CHARGES


13.1

The Stamp Duty, registration charges and incidental expenses for and/or in
relation to execution and registration of the Deed of Conveyance in respect of
the said Flat/Unit and for obtaining approval and consents necessary for such
transfer and also any other assurances deeds required to be made for or in
relation thereto shall be borne and paid by the Purchaser.

24

13.3

In case Owner/Vendor fails and/or neglect to execute and register necessary


Deed of Conveyance in favour of the Purchaser or her nominee/s then the
Purchaser will be entitled to specific performance and other reliefs subject to
payment of entire consideration money.

ARTICLE XIV- CANCELLATION - TERMINATION


14.1

In the event of any default on the part of the Purchaser in making payment of
the amounts agreed to be paid and if such default shall continue for a period of
one month or in the event of the Purchaser committing breach of any of the
terms and conditions herein contained the Owner/Vendor shall be entitled to
terminate this agreement by giving to the Purchaser fifteen days notice in
writing and upon such cancellation the Purchaser shall cease to have any right
under this Agreement or in respect of the said Flat/Unit and upon such
cancellation the Owner/Vendor shall be entitled to forfeit a sum equivalent to
20% percent of the total amount of consideration out of the amounts paid till
then by the Purchaser and refund the balance amount to the Purchaser such
refund to take place only after the Owner/Vendor has entered into an
agreement for sale and transfer in respect of the said Flat/Unit with any other
person and/or persons.

ARTICLE XV FORCE MAJEURE


15.1

The Owner/Vendor shall not be regarded in breach of any of the terms and
conditions herein contained and on the part of the Owner/Vendor to be
performed and observed if it is prevented by any of the conditions herein
below: -

i)

Fire.

ii)

Natural calamity.

iii)

Tempest.

iv)

Abnormal increase in the price of buildings materials.

v)

Labour unrest.

vi)

Local problem and/or local disturbance.

25
vii)

Any prohibitory order from the court, Municipal Corporation/Panchayet


authority and other authorities.

viii)

Any other unavoidable circumstances beyond control of the Owner/Vendor.

ARTICLE XVI MISCELLANEOUS


16.1

It is hereby expressly agreed and declared that the dominant of the parties
hereto is to sell and transfer the said Flat/Unit to the Purchaser in terms of this
agreement and it is not the intention for this agreement, be construed to mean
in the self rendering any services.

16.2

The right of possession of the Purchaser in respect of the said Flat/Unit shall
arise only upon the Purchaser fulfilling all the obligations as are contained in
this agreement.

16.3

The Purchaser shall not be entitled to transfer, let out, mortgage, grant lease in
respect of the said Flat/Unit without the consent in writing of the
Owner/Vendor till such time the Purchaser have fulfilled all the obligations
and the possession of the said Flat/Unit have been obtained by the Purchaser.

16.4

It is agreed that the Purchaser within the 12 months from the date hereof is not
entitled to assign and/or transfer her rights under this Agreement relating to the
said Flat/Unit to any party including the Owner/Vendor.

16.5

NOMINATION - It is agreed that in the event the Purchaser intends to assign


and/or transfer her rights relating to the said Flat/Unit under this agreement
shall be entitled to do so with the consent of the Owner/Vendor only after
expiry of a period of twelve months from the date of execution of this
Agreement upon making payment of 1% of the consideration amount, paid by
the Transferee to the Transferor, and the said amount shall be paid by the
Transferor to the Owner/Vendor as and by way of Nomination Costs and
obtaining an undertaking from the Transferee that he/she shall abide by all the
terms and conditions of this Agreement.

26
16.6

At or before entering into this Agreement the Purchaser has made herself
aware that a part or portion of the said Entire Premises comprises of a Pond
(hereinafter referred to as the POND) which is open to the public at large and
in no event the Purchaser or any person claiming through them shall be
entitled to raise any object in the said pond being used by the public at large.

16.7

RESERVED RIGHTS The following rights have been reserved by the


developer :

i)

The right to use or permit to be used all the exterior walls including the Roof
of the various buildings for display of hoardings

ii)

the right to use or permit to be used all the exterior walls and the Roof of the
various buildings for the purpose of putting up neon sign and other
advertisement material

iii)

The right to use or permit to be used the outer walls and Roof of the various
buildings for such purpose as the developer may in its absolute discretion
without any objection from the Purchaser or any person claiming through or
under it

16.8

The right of the Purchaser shall remain restricted to the said Flat/Unit and in
no event the Purchaser shall be entitled and hereby agree not to claim any right
in respect of the other parts or portions of the said buildings and the said
Properties or any part or portion thereof.

16.9

It is hereby agreed and clarified that the right of the Purchaser shall remain
restricted to the said Flat/Unit and proportionate share in all common parts
portions areas and facilities and the Purchaser shall not entitled to claim any
right over and in respect of the other portions of the said Properties or the
buildings and in the event of the Seller deciding to make any further
constructions on any other parts and portions of the said Properties the
Purchaser shall agree not to raise any objection.

16.10 Excepting for certain portions of the roof which may have certain installations
the remaining part of the said Roof shall remain as the absolute property of the

27
developer and the developer shall be entitled to deal with the same in its
absolute discretion.
16.11 The Buildings at the said Properties and/or the said housing complex shall be
known by the name of RAMESWARA WATER VIEW and the said name shall
not be changed under any circumstances.
16.12 The Purchaser shall be liable and agrees to make payment of the amounts
payable on account of the Service Tax/ Sales Tax without raising any objection
whatsoever or howsoever.
16.13 The Purchaser shall bear and pay for the Stamp Duty and registration charges.
It shall be the responsibility of the Purchaser to get this Agreement registered
and the Owner/Vendor will appear before the authorities for admitting the
registration of the Agreement. The Purchaser shall be liable to pay the Stamp
Duty and registration charges for the execution and registration of the Deed of
Conveyance.
16.14 This Agreement is personal and the Purchaser shall not be entitled to transfer
let out mortgage grant lease in respect of the said Flat/Unit without the consent
in writing of the Owner/Vendor until such time the full amount of
consideration have been paid by the Purchaser to the Owner/Vendor and the
Purchaser performing and observing all the other terms and conditions herein
contained and on the part of the Purchaser to be performed and observed
PROVIDED HOWEVER after the full payment of the entire consideration
amount the Purchaser shall be entitled to let out, grant, lease and/or mortgage
and/or in any way deal with the said Flat/Unit for which no further consent of
the Owner/Vendor shall be required.
16.15 The right of the Purchaser shall remain restricted to the said Flat/Unit and in
no event the Purchaser shall be entitled and hereby agree not to claim any right
in respect of the other parts or portions of the said buildings and the said
Properties.

28
16.16 For the purpose of acquiring the said Flat/Unit in the aforesaid Buildings the
Purchaser will be entitled to apply for and obtain financial assistance from
banks and other financial institutions but in no event the Owner/Vendor will be
liable or assume any liability for such loans and granting of any loan will
always be subject to the terms and conditions herein contained.
16.17 The Owner/Vendor and the Purchaser have entered into this Agreement purely
on principal to principal basis and nothing stated herein shall be deemed to
constitute a partnership between the Owner/Vendor and the Purchaser or to be
construed as a joint venture or joint ventures between the Purchaser and the
Owner/Vendor nor shall the Owner/Vendor and the Purchaser constitute an
association of persons. Such party shall keep the other party duly indemnified
from and against the same.
16.18 This Agreement contains the entire Agreement of the parties and no oral
representation or statement shall be considered valid or binding upon either of
the parties nor shall any provision of this Agreement be terminated or waived
except by written consent by both the parties. The Purchaser acknowledges
upon signing this agreement, conditions, stipulation, representations
guarantees or warranties have been made by the Owner/Vendor other than
what is specifically set forth herein. In the event of any of the clauses
becoming void and/or unenforceable then and in that event the other clauses
such survive.
16.19 This Agreement supersedes all other agreements arrangements, understanding
or brochure and in no event the Purchaser shall be entitled to set up any oral
Agreement.
16.20 The Purchaser has agreed to keep in deposit an amount as and by way of
Sinking Fund / Development Fund with the developer/Holding Organisation
as hereinbefore provided and such amount to be utilised and/or is likely to be
utilised for meeting any capital expenditure which may be necessary and/or
required for the benefit of all the Purchaser of the various flats units
apartments of the said Buildings at the said Properties.

29

ARTICLE XVII- NOTICE


17.1

All notices to be served hereunder by either of the parties to the other shall be
deemed to have been served on the 4th day of the date the same has been
delivered for despatch to the postal authority by registered post with
acknowledgement due at the last known address of the parties hereto.

ARTICLE XVIII - ARBITRATION


18.1

All disputes and differences between the parties hereto regarding the
construction or interpretation of any of the terms and conditions herein
contained or touching these presents or determination of any liability shall be
referred to the arbitration in accordance with the provisions of the Arbitration
and conciliation Act 1996 or any other modification or enactment thereto for
the time being in force.

18.2

The Owner/Vendor and the Purchaser shall not commence legal proceedings
or to have any Receiver appointed in the said Properties or the said buildings
unless the same is first referred to arbitration and the Arbitrator has given his
award.

18.3

The Arbitrators shall have summary powers.

18.4

The Arbitrators shall have the right to give interim awards and directions.

ARTICLE XIX JURISDICTION


19.1

Courts at Kolkata alone shall have jurisdiction to entertain and try all actions
suits and proceedings arising out of this Agreement.
THE FIRST SCHEDULE ABOVE REFERRED TO
(DESCRIPTION OF TOTAL LAND)

30
ALL THAT the piece and parcel of an amalgamated plot of land measuring 449
Decimals equivalent to 4.49 Acres more or less comprised in R.S./L.R. Dag Nos. 2, 5,
6 & 10 under R.S. Khatian Nos. 2051, 2041, 2045, 2039, 2050, 2048, 364/1, 2049,
2046, 2042, 2044, 326/1, 2043, 2047, 2040, lying and situated at Mouza - Basina, J.L.
No. 31, P.S. Rajarhat, A.D.S.R.O. Bidhannagar, Salt Lake City now Rajarhat, New
Town, within the local limit of Rajarhat Bishnupur 2 No. Gram Panchayet, in the
District North 24 Parganas, West Bengal. The total land is butted & bounded as
follows :ON THE NORTH

Panchayat Road

ON THE SOUTH

R.S. Dag Nos. 21, 20, 19, 18, 17, 16

ON THE EAST

R.S. Dag Nos. 11, 12, 13, 15, 1445, 1444

ON THE WEST

Road (Indira Gandhi Gramin Sadak Yojna)

THE SECOND SCHEDULE ABOVE REFERRED TO


(DESCRIPTION OF FLAT & CAR PARKING SPACE)
[SUBJECT MATTER OF THIS AGREEMENT]
ALL THAT piece and parcel of one independent residential flat, being Flat No.
........., on the ................ Floor of Block No. 2, measuring .................. Square Feet
be the same a little more or less of Super Built Up area, consisting ............ Bed
Rooms, One Living-cum-Dining, One Kitchen, .......... Toilets & .......... Balconies
AND ALSO piece and parcel of one Covered Car Space, on the Ground Floor of
Block No. 2, measuring .................. Square Feet be the same a little more or less of
Super Built Up area, lying and situated in the said building complex namely
RAMESWARA WATER VIEW, at Rajarhat, Kolkata - ..........................,
constructed upon the land described in the First Schedule hereinabove together with
undivided proportionate share of land, common common amenities, common facilities
of the said building complex.
THE THIRD SCHEDULE ABOVE REFERRED TO
(COMMON PARTS AND PORTIONS)

31
1.

The foundation, columns, beams, support, corridors, lobbies, stairs, stairways,


landings, entrances, exits and pathways.

2.

Drains and sewers from the Properties to the Panchayet/Municipal Duct.

3.

Water sewerage and drainage connection pipes from the Flats/Units to drains
and sewers common to the Properties.

4.

Toilets and bathrooms for use of durwans, drivers, maintenance staff of the
Properties.

5.

The durwans & maintenance staff rest room with electrical wiring switches
and points fittings and fixtures.

6.

Boundary walls of the Properties including outer side of the walls of the
buildings and main gates.

7.

Water pump and motor with installation and room therefore.

8.

Tube well water pump overhead tanks and underground water reservoirs water
pipes and other common plumbing installations and spaces required thereto.

9.

Transformer electrical wiring meters and fittings and fixtures for lighting the
staircase lobby and other common areas (excluding those as are installed for
any particular Flat/Unit) and spaces required therefore.

10.

Windows/doors/grills and other fittings of the common area of the Properties.

11.

Generator its installations and its allied accessories and room.

12.

Lifts and their access her accessories installations and spaces required
therefore.

13.

Community Hall for common use of all the occupants of the said New
Buildings.

14.

Gym

15.

Sewerage Treatment Plant

16.

Such other common parts areas equipments installations fixtures fittings


covered and open space in or about the said Properties and/or the buildings as
are necessary for passage to or use and occupancy of the Flats as are
necessary.
THE FOURTH SCHEDULE ABOVE REFERRED TO
(CONSIDERATION AMOUNT)
Part I

32
Total Consideration for Said Property

Rs. .......................
Part - II

On or before Agreement

Rs. .......................

On & within ........................................

Rs. .......................

On & within ........................................

Rs. .......................

On & within ........................................

Rs. .......................

On & within ........................................

Rs. .......................

On & within ........................................

Rs. .......................

On Possession / Registration [Rest Amount]

Rs. .......................

GRAND TOTAL :

Rs. .......................

THE FIFTH SCHEDULE ABOVE REFERRED TO


(DEPOSITS)
At or before taking over the possession the Purchaser shall deposit the following
amounts which are not refundable and to be borne and paid by the Purchaser on or
before the payment of the last installment are as follows: (a)

Sinking Fund : Rs 15 per sq. ft. on Chargeable area or Super Built up Area

(b)

Maintenance Charges and Property Taxes: equivalent to 6 months @ Rs 12/sq.ft on Chargeable area or Super Built up area.

(c)

Costs and charges for making arrangements to give H.T/L.T. connection from
WBSEDC to the Premises: Rs 40 per sq.ft on Chargeable area or Super Built
up area

(d)

Providing power supply from Generator: Rs 20000 for 1 KVA and for
additional load Rs 20000 per KVA

(e)

Documentation Charges: Rs 15000/- payable in the following manner:

33

(f)

Rs.7500/-

On or before execution of this agreement

Rs.7500/-

On or before taking over possession of the Unit.

Gas Connection: We are making arrangements and will soon intimate to you
the costs payable.

(g)

Association/ Holding Companies/ Co-operatives Rs. 2 per sq.ft. on Chargeable


area or Super Built up area.

(h)

Any transfer fee/ panchayat tax on actuals.


THE SIXTH SCHEDULE ABOVE REFERRED TO
(MAINTENANCE CHARGES)

To be borne and paid by the Purchaser to the Developer/Owner/Vendor at @ Rs.2/( two) per sq. ft. per month within the 7 day of every English calendar month along
with applicable service taxes.
1.

Repairing rebuildings repainting improving or other treating as necessary and


keeping the property and every exterior part thereof in good and substantial
repairs order and condition and renewing and replacing all worn or damaged
parts thereof.

2.

Painting with quality paint as often as may (in the opinion of the Holding
Organisation) be necessary and in a proper and workmanlike manner all the
wood metal stone and other work of the property and the external surfaces of
all exterior doors of the Buildings and decorating and colouring all such parts
of the property as usually are or ought to be.

3.

Keeping the gardens and grounds of the property generally in a neat and tide
condition and tending and renewing all lawns flowers beds shrubs trees
forming part thereof as necessary and maintaining repairing and where
necessary reinstating any boundary wall hedge or fence.

34
4.

Keeping the private road in good repair and clean and tidy and edged where
necessary and clearing the private road when necessary.

5.

Paying a fair proportion of the cost of clearing repairing instating any drains
and sewers forming part of the property.

6.

Paying such workers as may be necessary in connection with the upkeep of the
property.

7.

Insuring any risks.

8.

Cleaning as necessary the external walls and windows (not forming part of any
Flat/Unit) in the property as may be necessary keeping cleaned the common
parts and halls passages landing and stair cases and all other common parts of
the buildings.

9.

Cleaning as necessary of the areas forming parts of the property.

10.

Operating maintaining and (if necessary) renewing the lighting apparatus from
time to time of the maintained property and providing such additional lighting
apparatus as the developer may think fit.

11.

Maintaining and operating the lifts.

12.

Providing and arranging for the emptying receptacles for rubbish.

13.

Paying all rates taxes duties charges assessments and outgoings whatsoever
(whether central state or local) assessed charged or imposed upon or payable
in respect of the buildings or any part thereof excepting in so far as the same
are the responsibility of the individual owners/ occupiers of any Flat/Unit.

14.

Abating any nuisance and executing such works as may be necessary for
complying with any notice served by a local authority in connection with the

35
development or any part thereof so far as the same is not the liability of or
attributable to the flat of any individual lessee of any Flat/Unit.
15.

Generally managing and administering the development and protecting the


amenities in the buildings and for that purpose employing and contractor and
enforcing or attempting to enforce the observance of the covenants on the part
of any occupants of any of the Flats/Units.

16.

Employing qualified accountant for the purpose of auditing the accounts in


respect of the maintenance expenses and certifying the total amount thereof
for the period to which the account relates.

17.

Complying with the requirements and directions of any competent authority


and with the provisions of all statutes and all regulations orders and bye-laws
made thereunder relating to the buildings excepting those which are the
responsibility of the owner/occupier of any Flat/Unit.

18.

Administering the management company staff and complying with all relevant
statutes and regulations and orders thereunder and employing suitable persons
or firm to deal with these matters.

19.

The provision for maintenance and renewal of any other equipment and the
provision of any other service which in the option of the Management
company/Holding Organisation it is reasonable to provide.

20.

In such time to be fixed annually as shall be estimated by the Holding


Organisation (whose decision shall be final) to provide a reserve fund for
items of expenditure referred to this schedule to be or expected to be incurred
at any time.

21.

The said reserve fund shall be kept in separate account and the interest thereon
or income from the said fund shall be held by the Holding Organisation for of
the owners of the Flats/Units and shall only be applied in accordance with

36
unanimous or majority decision of the members of the Holding Organisation
and with the terms of this Schedule.
22.

Also for the maintenance and beautification of the Pond.


THE SEVENTH SCHEDULE ABOVE REFERRED TO
(SPECIFICATIONS)

Structure

RCC Structure

Internal Walls :

Plaster of Paris

Doors

Flush door with accessories

Windows

Aluminium windows

Flooring

Living Room and Bed Room Vitrified Tiles

Sanitary Ware :
Kitchen

CP fitting of a reputed make, white porcelain sanitary ware


Granite platform with stainless steel sink. Dado of ceramic tiles

2ft above platform.


Toilet

Dado of ceramic tiles upto door height

Electricals

AC point in bedroom and Living room, concealed copper

wiring, Modular switches,


Telephone & TV Wiring :

in Bed room and Living room

Plumbing

Concealed pipelines using standard materials

Exterior

Common area Vitrified tiles, weather shield paint

Elevator

Of a reputed make.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands and seals on the day, month and year first above written.
SIGNED, SEALED AND DELIVERED
by the parties at Kolkata

37
In presence of :1.
Ghaneshwar Prasad Agarwal
Akshay Kumar Agarwal
Jai Krishna Agarwal
Sheela Agarwal
All are Partners of
Baldeo Business Center
Owner/Vendor
Purchaser

MONEY RECEIPT
Received

on

or

before

executing

this

Agreement,

Rs.

.......................

(Rupees ...................................................
....................................................) only as part of the total consideration of the said
property morefully mentioned in the Second Schedule herein above written, from the
above named purchaser, as per money receipt given to the purchaser.
Cheque No.

Date

Bank & Branch

Amount

Witnesses :1.
Ghaneshwar Prasad Agarwal

38
2.
Akshay Kumar Agarwal
Jai Krishna Agarwal
Sheela Agarwal
All are Partners of
Baldeo Business Center
Owner/Vendor