APPLICATION FOR ALLOTMENT

Transcription

1 APPLICATION FOR ALLOTMENT

2

3 DLF Universal Limited Office: 2nd Floor, Gateway Tower, R-Block, Phase-III, DLF City, Gurgaon, Haryana Dear Sirs, Application for Allotment of Shop at myshop, City Centre in Vibhuti Khand, Gomti Nagar, Lucknow, U.P. 1. The Applicant(s) understands that the Company (hereinafter defined), is promoting the Said Complex (hereinafter defined). 2. The Applicant(s) states and confirms that the Company has made the Applicant(s) aware of the availability of the Allotment Letter (hereinafter defined) on the Company s website ( and at the head office of the Company. The Applicant(s) confirms that he/she has read and perused the Allotment Letter containing the detailed terms and conditions. The Applicant(s) further confirms to have fully understood the terms and conditions of the Allotment Letter (including the Company s limitations) and is agreeable to perform his/her obligations as per the conditions stipulated therein. Thereafter the Applicant(s) has applied for allotment of a shop in the Said Complex and has requested the Company to allot a shop. The Applicant(s) agrees and confirms to accept the Allotment Letter in entirety and to abide by its terms and conditions and the terms and conditions, as mentioned herein below. 3. The Applicant confirms that Company has provided all the details and information with regard to the pending writ petition (Land Acquisition) No. as 43/2010 before High Court of Judicature at Allahabad Lucknow Bench, in which M/s DLF Limited is arrayed as respondent no 5..The Company is not party to the proceedings pending before High Court of Judicature at Allahabad at Lucknow Bench, however the allotment of Said Shop (hereinafter defined) shall be subject to the out come of said writ petition and the Applicant agrees to be bound by any direction /order which may be passed in the said writ petition by any court of law. 4. The Applicant(s) requests that the Applicant(s) may be allotted a shop and an exclusive right to use Parking Space(s) (hereinafter defined) in the Said Complex as per the Company s: Down Payment Plan Installment Payment Plan 5. The Applicant(s) has read and understood the terms and conditions of this Application and is agreeable to the same. 6. The Applicant(s) encloses herewith a sum of Rs. /- (Rupees only) by Bank Draft/ Cheque No. dated drawn in favour of DLF Universal Ltd, Collection Account payable at Lucknow towards the booking amount, which is part of the Total Price (hereinafter defined). 7. The Applicant(s) agrees that if the Company allots the Said Shop then the Applicant(s) agrees to pay the Total Price and all other amounts, Taxes and Cess,(herein after defined) charges and dues as per the payment plan attached herewith as Annexure IV, opted by the Applicant(s) and/ or as and when demanded by the Company or in accordance with the terms of this Application/Allotment Letter. Page 3 of 56

4 8. The Applicant(s) has clearly understood that by submitting this Application the Applicant(s) does not become entitled to the final allotment of the Said Shop in the Said Complex notwithstanding the fact that the Company may have issued a receipt in acknowledgement of the money tendered with this Application by the Applicant(s). The Applicant(s) further understands that it is only after issuance of the Allotment Letter, the allotment will get confirmed and after the Applicant(s) signing and executing the Allotment Letter and agreeing to abide by the terms and conditions laid down therein that the allotment of the Said Shop shall become final. The Applicant(s) agrees, consents and authorizes the Company to cancel the allotment if the Applicant(s) fails to accept and return the Allotment Letter within thirty (30) days from the date of its dispatch by the Company and on such cancellation, the Applicant(s) consents and authorizes the Company to forfeit the Earnest Money (hereinafter defined) alongwith Non Refundable Amounts (hereinafter defined). 9. The Applicant is aware that the layout plan / building plans (Annexure-II & VII) for the Said Complex in which the Said Shop may be located are sanctioned by the competent authority. Other statutory NOC s/ sanctions required in respect of the Said Complex have been obtained from various authorities and the Applicant is satisfied about the same. List of all the approvals obtained has been attached herewith as Annexure-I. The Company can at its sole discretion, revise and modify the project plans in respect of the Said Complex in general and the Said Building (hereinafter defined) in particular including increase in number of floors as may be approved by the competent authority. 10. The Applicant(s) acknowledges that the Company has provided all the information and clarifications as required by the Applicant(s) and that the Applicant(s) is fully satisfied with the same and the Applicant(s) has relied on his/her own judgment and investigation in deciding to apply for allotment of the Said Shop and has not relied upon and/or is not influenced by any architect's plans, advertisements, representations, warranties, statements or estimates of any nature, whatsoever, whether written or oral made by Company, or any selling agents/brokers or otherwise including but not limited to any representations relating to the description or physical condition of the Said Complex/Said Shop/Said Building. No oral or written representations or statements shall be considered to be a part of this Application and that this Application is self contained and complete in itself in all respects. 11. Notwithstanding anything contained in this Application, the Applicant(s) understands that the Application will be considered as valid, enforceable and proper only on realization of the amount tendered with this Application. 12. The Applicant(s) agrees to abide by the terms and conditions of this Application including those relating to payment of Total Price and other deposits, Government charges, rates, Taxes and Cesses, levies, etc. and forfeiture of Earnest Money and Non Refundable Amounts as laid down herein and/or in the Allotment Letter. 13. The Applicant(s) have read and understood all the terms and conditions set out in this Application, understood the mutual rights and obligations and agree that some of the conditions set out in this Application, are necessary for the purpose of maintaining the quality, prestige and exclusivity of the Said Complex and it is because of this reason that the Applicant(s) have approached the Company for investing in the Said Shop/Said Complex. The Applicant(s) also confirm that the Applicant(s) have chosen to invest in the Said Shop/Said Complex after exploring all other options of similar properties available with other builders, developers and available in re-sale in the vast and competitive market of Lucknow and the Applicant(s) find that the Said Shop/Said Complex to be suitable for the Applicant(s) residence and therefore have voluntarily approached the Company for allotment of the Said Shop in the Said Complex. Page 4 of 56

5 My/our particular are given below for your reference and record : 1 SOLE OR FIRST APPLICANT(S) Please affix your photograph here Title Mr. Ms. M/s. Name.. S/W/D of... Nationality. Age years. Profession Residential Status: Resident/ Non-Resident/ Foreign National of Indian Origin Income Tax Permanent Account No Ward / Circle / Special Range and place where assessed to income tax Mailing Address. Tel No Fax No Office Name.. Address.. Tel No. Mobile No. ID:.. 2. SECOND APPLICANT (S) Title Mr. Ms. M/s. Name S/W/D of... Nationality. Age years... Profession. Residential Status: Resident/Non-Resident/Foreign National of Indian Origin Income Tax Permanent Account No.. Ward / Circle / Special Range and place where assessed to income tax Mailing Address Tel No. Fax No.. Office Name.. Address.. Tel No. Mobile No. ID:.. 3. THIRD APPLICANT(S) Please affix your photograph here Title Mr. Ms. M/s. Name. S/W/D of Nationality...Age years Profession Residential Status: Resident/Non-Resident/Foreign National of Indian Origin Income Tax Permanent Account No Ward / Circle / Special Range and place where assessed to income tax Mailing Address... Tel No... Fax No Office Name.. Address... Tel No. Mobile No. ID:.. Please affix your photograph here Page 5 of 56

6 OR M/s.. Reg. Office/Corporate Office Authorised Signatory Board Resolution dated/power of Attorney PAN No./TIN No. Tel No. Fax No. (attach a certified true copy of the Board Resolution/Power of Attorney) 4. DETAILS OFSAID SHOP Said Shop No. : Super area: sq. mtr. Building Block: Floor: Parking no. Type: Lower Basement / Upper Basement / Stilt / Open / Mechanical 5. DETAILS OF PRICING Basic sale price (super Rs. /- per sq. mtr. aggregating to Rs. /- (Rupees only). Price for exclusive use of Parking Space(s): Rs. /- (Rupees only) Preferential Location Attributes: 1. Corner-: 7.5% of Basic Sale Price 2. Ground Floor: 5% of Basic Sale Price 3. Courtyard Facing: 5% of Basic Sale Price 4. A-Block Facing: 5% of Basic Sale Price 5. Road Facing : 5% of Basic Sale Price Total Preferential Location Charges: Rs. /- (Rupees only) Total Price payable for the Said Shop: Rs. /- (Rupees only) Interest Free Maintenance Security : Rs. 1615/- per sq. mtr. Club Charges: As applicable Page 6 of 56

7 6. DECLARATION The Applicant(s) do hereby declare that my/our Application is irrevocable and that the above particulars / information given by the Applicant(s)are true and correct and nothing has been concealed therefrom. Date. Yours faithfully Place FOR OFFICE USE ONLY. Signature of Applicant(s) RECEIVING OFFICER Name Signature.. Date: 1. ACCEPTED I REJECTED 2. DETAILS OF SAID SHOP Said Shop No. : Super area: sq. mtr. Building Block: Floor: Parking no. Type: Lower Basement / Upper Basement / Stilt / Open / Mechanical DETAILS OF PRICING Basic sale price (super Rs. /- per sq. mtr. aggregating to Rs. /- (Rupees only). Price for exclusive use of Parking Space(s): Rs. /- (Rupees only) Page 7 of 56

8 Preferential Location Attributes: Charges. 1. Corner-: 7.5% of Basic Sale Price 2. Ground Floor: 5% of Basic Sale Price 3. Courtyard Facing: 5% of Basic Sale Price 4. A-Block Facing: 5% of Basic Sale Price 5. Road Facing : 5% of Basic Sale Price Total Preferential Location Charges: Rs. /- (Rupees only) Total Price payable for the Said Shop: Rs. /- (Rupees only) Interest Free Maintenance Security : Rs. 1615/- per sq. mtr. Club Charges : As applicable 3. PAYMENT PLAN : Down Payment Installment 4. Payment received vide Cheque/DD/Pay Order No.... dtd... for Rs. out of NRE/NRO/FC/SB/CUR/CAAcct. 5. Booking Receipt No. Dated 6. BOOKING DIRECT/BROKER. 7. Broker s Name and address, Stamp with Signature Check-list for Receiving Officer: (a) Booking amount. (b) Customer's signature on all pages of the Application form at places marked as X. (c) PAN No. & Copy of PAN Card / form 60 / form 49 A. (d) For Companies: Certified copies of memorandum & articles of association and board resolution in support of the authorized signatory under common seal of the Company. (e) For Foreign Nationals of Indian Origin: Foreign Inward Remittance from the account of the Applicant(s) / NRE/ FCNR A/c of the Applicant(s) / IPI-7/ Passport Photocopy. (f) For NRI: Copy of Passport / Foreign Inward Remittance from the account of the Applicant(s) / NRE / NRO A/c of the Applicant(s). (g) For Partnership Firm, Partnership deed and authorization to purchase. Date. Place Cleared by stock on. Page 8 of 56

9 TERMS AND CONDITIONS FORMING PART OF THIS APPLICATION FOR ALLOTMENT OF SHOP IN myshop AT LUCKNOW,UP The terms and conditions given below are more comprehensively set out in the Allotment Letter which upon execution shall supersede this Application. The Applicant(s) shall sign all the pages of this Application as token of his/their acceptance. Definitions and Interpretations In this Application the following words and expressions when capitalized, shall have the meanings assigned herein. When not capitalized, such words and expression shall be attributed their ordinary meaning. For all intents and purposes and for the purpose of the terms and conditions set out in this Application, singular means plural and masculine include feminine gender. "Apartment Act" mean Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance)Act 2010 "Allotment Letter " shall mean the shop Allotment Letter to be executed by the Applicant(s) and the Company. Amenities and Facilities shall mean and include but not limited to the club house, etc. in the Said Complex the ownership of which shall always vest with the Company and the Applicant(s) herein shall not have any claim or right of any nature whatsoever in club house, in the Said Complex. "Applicant(s)" shall mean the Applicant(s) applying for allotment of the Said Shop, whose particulars are set out in this Application and who have appended their signature as acknowledgement of having agreed to the terms and conditions of this Application. "Application" shall mean this Application form for allotment of a shop in the Said Complex on the terms and conditions contained herein. Additional PLC means the charges payable in addition to the PLC for the Said Shop being additionally preferentially located, which shall be calculated on per sq. mtr. (or % of Basic Sales Price), based on the super area of the Said Shop. Common Areas and Facilities means such common areas and facilities within the Said Building/Said Complex earmarked for common use of all the allottee(s), limited to and precisely listed in Part A, Part B and Part C of annexure-v. "Company" shall have the same meaning as set out herein above in the Application. "Earnest Money" shall mean 10% of the Total Price, including the booking amount paid by the Applicant(s). External Development Charges (EDC) means the charges (if applicable in future ) levied or leviable on the Said Complex/ Said Land (whatever name called or in whatever form) by the Governmental Authority or any other competent authority and with all such conditions imposed to be paid by the Applicant(s) and also includes any further increase in such charges. "Foot Print shall mean the precise land underneath the Said Building. Page 9 of 56

10 "Force Majeure" means any event or combination of events or circumstances beyond the control of the Company which cannot by the exercise of reasonable diligence, or (b) despite the adoption of reasonable precaution and/or alternative measures, be prevented, or caused to be prevented, and which adversely affects the Company s ability to perform obligations under this Application, which shall include but not be limited to: (a) (b) (c) (d) (e) (f) (g) (h) acts of God i.e. fire, drought, flood, earthquake, epidemics, natural disasters; explosions or accidents, air crashes and shipwrecks, act of terrorism; strikes or lock outs, industrial dispute; non-availability of cement, steel or other construction material due to strikes of manufacturers, suppliers, transporters or other intermediaries or due to any reason whatsoever; war and hostilities of war, riots, bandh, act of terrorism or civil commotion; the promulgation of or amendment in any law, rule or regulation or the issue of any injunction, court order or direction from any governmental authority that prevents or restricts the Company from complying with any or all the terms and conditions as agreed in this Allotment ; any legislation, order or rule or regulation made or issued by the Govt. or any other Authority or if any competent authority(ies) refuses, delays, withholds, denies the grant of necessary approvals for the Said Complex/ Said Building or if any matters, issues relating to such approvals, permissions, notices, notifications by the competent authority (ies) become subject matter of any suit / writ before a competent court or; for any reason whatsoever; any event or circumstances analogous to the foregoing. Governmental Authority or Governmental Authorities shall mean any government authority, statutory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof, and any other municipal/ local authority having jurisdiction over the land on which the Said Complex/ Said Building is situated; IFMS means the interest free maintenance security to be paid by the Applicant(s) for the maintenance and upkeep of the Said Complex/ Said Building to be paid as per the Schedule of payments (attached as Annexure-IV) to this Application) to the Company or to the Maintenance Rs1615/- per sq. mtr of the super area of the Said Shop. Infrastructure Development Charges (IDC) shall mean the infrastructure development charges (if applicable in future ) levied/ leviable (by whatever name called, now or in future) by the Governmental Authority for recovery of cost of development of State/ National Highways, transport, irrigation facilities etc. includes additional levies, fees, cesses, charges and any further increase in any such charges Maintenance Agency means the Company, its nominee(s) or association of suite/shop allottees or such other agency/ body/ Company/ association of condominium to whom the Company may handover the maintenance and who shall be responsible for carrying out the maintenance of the Said Complex/ Said Building. Maintenance Charges shall have the meaning ascribed to it in the draft tripartite maintenance agreement for maintaining the Common Areas and facilities in the Said Building / Said Complex which shall be more elaborately described in the draft maintenance agreement attached to the Allotment Letter. Non Refundable Amounts means interest paid or payable on delayed payments, brokerage paid/payable by the Company, if any, etc. Page 10 of 56

11 Parking Space(s) means parking space(s) allotted to the Applicant(s) for its exclusive use, details of which are mentioned in this Application. Preferential Location Charges (PLC) means charges for each of the preferential location attribute(s) of the Said Shop payable/ as applicable to be calculated on per sq. mtr. (or % of Basic Sales Price), based on super area of the Said Shop, as mentioned in this Application. Said Shop means the specific shop applied for by the Applicant(s), details of which have been set out in this Application and includes any alternative Shop that may be allotted by the Company in lieu of the Said Shop. Said Building means the tower/building in the Said Complex in which the Said Shop will be located. Said Complex means the City Centre situated at Plot No. TC / G-6/6, Vibhuti Khand, Gomti Nagar, Lucknow comprising of studio suite buildings, shops, club house, etc. and any other building, Common Area Facilities,Amenities and Facilities, as may be approved by the competent authority. The tentative location plan of the Said Complex is attached herewith as Annexure-IIA. Said Land means the land admeasuring about 19, sq. mtr. or thereabouts situated Plot No. TC / G-6/6, Vibhuti Khand, Gomti Nagar, Lucknow, on which the Said Complex is being developed.. Taxes and Cesses means any and all taxes and cesses including but not limited to value added tax (VAT), state sales tax, central sales tax, works contract tax, service tax, one time building tax, luxury tax, building and other construction workers welfare fund, education cess, custom duty and any other taxes and cesses, by whatever name called, paid or payable by the Company and/or its contractors (including sub-contractors), suppliers, consultants, etc. in connection with the development/ construction of the Said Shop /Said Building/Said Complex now or in future. Total Price means the amount amongst others, payable for the Said Shop which includes Basic Sale Price, PLC (if the Said Shops is preferentially located), Additional PLC (if the Said Shops is additionally preferential located) calculated on per sq.mtr. (or % of Basic Sales Price) based on the super area of the Said Shop and price for exclusive right to use of Parking Space(s) but does not include other amounts, charges, security amount etc., which are payable in accordance with the terms of this Application / Allotment Letter, including but not limited to - i) EDC, IDC,, increase in EDC, IDC,, wealth tax, government rates tax on land, fees or levies of all and any kinds by whatever name called. ii) iii) iv) IFMS. Maintenance charges, property tax, municipal tax on the Said Shops. Stamp duty, registration and incidental charges as well as expenses for execution of the conveyance deed etc. v) Taxes and Cesses. vi) The cost for electric and water meter as well as charges for water and electricity connection and consumption. vii) Club membership fees and club charges, as applicable. viii) Cost of additional parking space(s), if any, allotted to the Applicant(s). ix) Escalation charges. Page 11 of 56

12 x) Cost for providing power back up including that of equipments, DG set, cabling, installation etc. xi) xii) xiii) xiv) All deposits and charges paid/payable by the Company to Uttar Pradesh State Electricity Board (UPSEB) or any other body. Charges / deposits / costs for creating HT feeder for tapping electricity from State Electricity Board s source up to receiving point of the Said Complex. Charges/cost of providing sewer, storm water and water connection to the Said Complex from the main line serving the Said Complex. Proportionate cost of providing Fibre To The Home (FTTH) infrastructure service for cabling, internet, etc. The services carried by FTTH infrastructure shall be provided by service providers for applicable user charges and would form part of the maintenance agreement. xv) Proportionate cost of installation of Piped Gas and monthly recurring charges, if provided by the Company in the Said Complex. xvi) Any other charges that may be payable by the Applicant(s) as per the other terms of the Application and such other charges as may be demanded by the Company. which amounts shall be payable by the Applicant(s) in addition to the Total Price in accordance with the terms and conditions of the Application/Allotment Letter and as per the demand raised by the Company from time to time. 1. The Applicant(s) has applied for allotment of the Said Shop and is fully aware of all the limitations and obligations of the Company in relation to and in connection with the development/construction of the Said Shop / Said Complex and has also satisfied himself about the arrangements/ title/interest/rights of the Company in the Said Land on which the Said Shop / Said Complex is being developed/constructed and has understood all limitations or obligations of the Company in respect thereof. The Applicant(s) confirms that the Company has provided an opportunity for investigation of all the documents relating to the development and construction of the Said Shop and has answered all his queries and on being satisfied, the Applicant(s) confirms that no further investigation in this regard is required by the Applicant(s). The Applicant(s) confirms that this Application is irrevocable and cannot be withdrawn. The Applicant(s) further confirm(s) that Applicant(s) are fully aware that by executing this Application, it would become binding on the Applicant(s) and that the Company will be fully entitled to forfeit the Earnest Money alongwith non-refundable amounts, if the Applicant(s) default(s) in complying with the terms of this Application and the Payment Plan attached herewith. 2. The Applicant(s) shall pay the Total Price of the Said Shops in accordance with the payment plan attached herewith and marked as Annexure-IV opted by the Applicant(s) and in addition, the Applicant(s) shall also be liable to pay all other amounts, charges, Taxes and Cesses and any other dues mentioned in this Application/Allotment Letter The Applicant(s) agrees and understands that the Total Price of the Said Shop and other charges and taxes are calculated on the basis of the super area of the Said Shops which is tentative and any increase or decrease in super area shall be payable or refundable at the rate mentioned in this Application. It is further understood by the Applicant(s) that the definition of super area and shop area is more clearly setout in Annexure-III. 3. Subject to other terms and conditions of this Application/Allotment Letter on and after the payment of the Total Price, Taxes and Cesses, other charges and dues as per the Application/ Allotment Letter, the Applicant(s) shall have the: i) ownership of the shop area of the Said Page 12 of 56

13 Shop; ii) undivided interest and the right to use Common Areas and Facilities (Annexure-V) along with the other suites/ shops owners iii) right to exclusive use for the Parking Space(s); iv) undivided proportionate interest in the Foot Print of the Said Building for which the basis of calculation shall be the ratio of super area of the Said Shop to the total super area of all suites/shops in the Said Complex, 4. The Applicant(s) agrees that the Applicant(s) shall not have any right, title and interest in any commercial premises, studio suites, building, shops, community center and, club, if any, constructed/situated in the Said Complex as the Company shall be the sole owner of the same and the same always vest with the Company. The Company, as the owner, shall be free to dispose of the same on such terms and conditions, as it may deem fit. The Applicant(s) shall not have any right to interfere in the manner of booking, allotment and finalization of sale of the studio suites, shops, commercial premises, buildings, community centers, club, etc., or in the operation and management, including but not limited to creation of further rights in favour of any other party/company by way of sale, transfer, lease, collaboration, joint venture, operation and management or any other mode including transfer to Government, semigovernment, any other authority, body, any person, institutions, trust and/or any local bodies, which the Company may deem fit. 5. In addition to the Total Price and other charges mentioned in the Application/Allotment Letter, the Applicant agrees to pay amounts towards the club facility to be provided in the Said Complex, such as: a. Membership Fees : Rs. 1,00,000/- for 5 years b. Annual Club Charges : Rs. 6,000/- p.a. c. Refundable Security : Rs. 20,000/- (interest free) The above amounts shall be paid by the Applicant as and when demanded by the Company/agency. The Applicant understands that the above charges are subject to revision at the sole discretion of the Company or the agency managing the club and the Applicant undertakes to abide by the same. In addition to the above, the Applicant shall be liable to pay usage charges in accordance with the usages and services availed by the Applicant and the Applicant shall be required to sign and execute necessary documents for the membership of the club which shall contain the detailed terms and conditions of membership of the club and the Applicant shall be bound by the same. (a) The Applicant further agrees that the Applicant shall not have any right to change the external façade/exterior of the Said Shop and would not put any sign-board/ name-plate, neon-light, publicity material or advertisement material etc. on the face / facade of the Said Building or anywhere on the exterior of the Said Building or common areas. Further, the Applicant agrees that the Applicant shall not store any hazardous, combustible goods in the Said Shop, parking areas, terraces or place any material in the common passage or staircase of the Said Building. 6.(a) The Applicant(s) agrees and understands that the Said Shop / Said Building/ Said Complex may be subject to the Apartment Act. The Common Areas and Facilities and the undivided interest of each shop owner in the Foot Print of the Said Building as decided by the Company or as specified by the Company in any declaration (which may be filed by the Company in compliance of the Apartment Act) shall be conclusive and binding on the Applicant(s). The Applicant(s) agrees and confirms that the Applicant(s)s right, title and interest in the Said Shop, Common Areas and Facilities and the undivided interest in the Foot Print of the Said Building shall be limited to and governed by what may be decided or specified by the Company in such declaration. The Applicant(s) shall be required to join the society/association of the owners of the suites/shops and the Applicant(s) agrees to pay all Page 13 of 56

14 fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Company/Maintenance Agency for this purpose. (b) The Applicant(s) agrees that the Company may for the purpose of complying with the provisions of the Apartment Act or any other applicable laws, substitute the method of calculating the undivided proportionate share/interest in the Foot Print of the Said Building and in Common Areas and Facilities in any declaration with respect to the Said Shop in any manner as may be necessary for such compliance. 7. The Applicant(s) agrees and understands that in addition to Total Price, the Applicant(s) shall be liable to pay all Taxes and Cesses, which shall be charged and paid as follows: a) A sum equivalent to the proportionate share of all applicable Taxes and Cesses shall be paid by the Applicant(s) to the Company. The proportionate share shall be the ratio of the super area of the Said Shop to the total super area of all the studio suites, shops, other buildings, club, etc. in the Said Complex. b) The Company shall periodically intimate the Applicant(s), on the basis of certificates from a Chartered Engineer and/or a Chartered Accountant, the amount payable as stated above, which shall be final and binding on the Applicant(s) and the Applicant(s) shall make payment of such amount within thirty (30) days of such intimation. 8. The Applicant(s) agrees and undertakes to pay all Government rates, tax on land, municipal tax, property taxes, wealth tax, taxes, fees or levies of all and any kind by whatever name called, whether levied or leviable now or in future by the Government, municipal authority or any other governmental authority on the Said Complex/Said Building/Said Shop or land appurtenant thereto as the case may be as assessable or applicable from the date of the Application. The Applicant(s) shall be liable to pay all the levies and fees on pro-rata basis as determined by the Company and the determination of the share and demand shall be final and binding on the Applicant(s) till the Said Shop is assessed separately. 9. The Applicant(s) agrees that if due to any change in the lay-out plan/building plan of the Said Complex/ Said Building : - a) The Said Shop ceases to be preferentially located, then only the amount of PLC, paid by the Applicant(s) shall be refunded with simple 9% per annum from the date of realization of the amounts of PLC and such refund shall be through adjustment in the next installment, as stated in the schedule of payment opted by the Applicant(s). b) The Said Shop becomes preferentially located, if at the time of the Application it was not preferentially located, the Applicant(s) shall pay PLC of the Said Shop to the Company, as applicable and payable additionally alongwith next installment, as stated in the schedule of payment opted by the Applicant(s). c) The Said Shop becomes additionally preferentially located, the Applicant(s) shall pay Additional PLC to the Company as applicable and payable additionally alongwith next installment, as stated in the schedule of payment opted by the Applicant. The Applicant(s) understands that in case of change in the location of the Said Shop due to change in the layout plan/building plan of the Said Complex / Said Building or otherwise, the Applicant(s) shall have no other right or claim except as mentioned hereinabove. 10. The Applicant(s) agrees that any payment towards EDC/IDC (if applicable in future) levied/leviable or any increase thereof by the Government or any other competent authority(ies) shall be paid by the Applicant(s) and any further increase in EDC/IDC, by Page 14 of 56

15 whatever name called or in whatever form and with all such conditions imposed, by the Government and/or any competent authority(ies) shall be paid by the Applicant(s). It is also agreed by the Applicant(s) that all such levies/ increases may be levied by the Government of Uttar Pradesh or any other competent authority(ies) on prospective or retrospective basis effective from the date of licence(s) of the Said Building/Said Shop/ Said Land. The Company makes it clear that if it is required to pay such levies, EDC/IDC, interest and other charge etc. in such prospective /retrospective manner from the date of licence(s), then the Company shall demand, and the Applicant(s) undertake(s) to pay the same. The pro-rata demand made by the Company to the Applicant(s) with regard to EDC/IDC increase in EDC/IDC shall be final and binding on the Applicant(s). If the EDC/IDC increased EDC/IDC is not paid, then the nonpayment of such charges shall be treated as unpaid sale price as per the Application/Allotment Letter and the Company shall be entitled to cancel the Allotment Letter and forfeit the Earnest Money along with the Non Refundable Amounts and the balance amount, if any, shall be refunded to the Applicant(s). If the EDC/IDC increased EDC/IDC is levied (including with retrospective effect) after the conveyance deed has been executed, the Applicant(s) agrees and undertakes to pay the same on demand by the Company and if the demanded charges are not paid, then the same shall also be treated as unpaid sale price of the Said Shop/ Parking Space(s) and the Company in addition to other remedies under law for recovery for unpaid charges shall also have the first charge and lien over the Said Shop/ Parking Space(s) till such unpaid charges are paid by the Applicant(s). 11. The Applicant(s) agrees and understands that the price of the Said Shops is based on the price of materials and labour charges pertaining thereto on and around the March If, however, during the progress of construction upto the expiry of 48 months from the abovementioned date, there is an increase/decrease in the price of the materials used in the construction work and/or labour charges, the same shall be recoverable/payable respectively by the Applicant(s). The Reserve Bank of India s published indexes shall form the basis of the computation of the escalation charges. The details and the methodology for calculating the escalation charges is more elaborately described in the Allotment Letter. The Company shall appoint a reputed firm of Chartered Accountants to independently audit and verify the computation of escalation charges done by the Company from time to time as per the methodology more elaborately described in the Allotment Letter. Such escalation charges, as intimated to the Applicant(s), shall be final and binding on the Applicant(s) and shall be collected/ reimbursed along with the next installment or in lumpsum before or at the time of offer of possession of the Said Shops. The Applicant(s) agrees and understands that any default in payment of the escalation charges shall be deemed to be a breach under the terms and conditions of the Application/Allotment Letter. 12. The Total Price mentioned in this Application is inclusive of cost of providing electric wiring and switches in each shop and the firefighting equipment in the common areas as provided in the existing fire fighting code/regulations but does not include the cost of electric fittings, fixtures, geysers, electric and water meter etc. which shall be got installed by the Applicant(s) at his/ her own cost as well as the charges for water and electricity connection. If, however, due to any subsequent legislation/government order or directives or guidelines or ifdeemed necessary by the Company or any of its nominees, additional fire safety measures are undertaken, then the Applicant(s) agrees to pay the additional expenditure incurred thereon on a pro rata basis along with other applicants as determined by the Company in its absolute discretion. In addition to the Total Price, the Applicant agrees and understands that the Applicant shall be liable to pay the following charges: Page 15 of 56

16 (i) Proportionate share of cost for providing/provisioning for power back up including that of equipments, DG set, cabling, installation etc. DG Power back per sq. ft. of shop area with suitable overall diversities considered. (ii) All amounts and charges paid/payable/provisioned by the Company to Uttar Pradesh State Electricity Board (UPSEB) or any other body. The aforementioned charges shall be paid as and when demanded by the Company and the determination of the proportionate share by the Company shall be final and binding upon the Applicant. The Applicant agrees that in case of failure of the Applicant to pay any of the aforementioned charges, the same shall be treated as un-paid sale price of the Said Shop and the Company shall have the discretion to withhold the conveyance/registration of the Said Shop and/or resume the Said Shop. 13. The Applicant(s) understands that the Parking Space(s) allotted to him shall be an integral part of the Said Shop which cannot be sold/dealt with independent of the Said Shop. The Applicant(s) may apply for additional parking space which may be allotted subject to availability and at the prevailing price. All clauses of this Application and the Allotment Letter pertaining to allotment, possession, cancellation etc. shall apply mutatis mutandis to the Parking Space(s) so allotted, wherever applicable. The Applicant(s) agrees that Parking Space(s) allotted to the Applicant(s) shall not form a part of common areas of the Said Building/Said Complex for the purpose of the declaration which may be filed by the Company under the Apartment Act. 14(a). The Applicant(s) agrees that the Company shall be entitled to cancel the allotment and forfeit the Earnest Money paid by the Applicant(s), along with the Non Refundable Amounts in case of non fulfillment/ breach of the terms and conditions of the Application and the Allotment Letter including withdrawal of the Application and also in the event of the failure by the Applicant(s) to sign and return to the Company the Allotment Letter within thirty (30) days from the date of its dispatch by the Company. Thereafter the Applicant(s) shall be left with no lien, right, title, interest or any claim of whatsoever nature in the Said Shops/Parking Spaces. It is understood by the Applicant(s) that the Company is not required to send reminders/notices to the Applicant(s) in respect of the obligations of the Applicant(s) as set out in this Application and/or Allotment Letter and the Applicant(s) is required to comply with all its obligations on its own. The Company shall thereafter be free to resell and or deal with the Said Shop/Parking Spaces in any manner whatsoever. (b). Without prejudice to the Company's aforesaid rights, the Company may at its sole discretion waive the breach by the Applicant in not making payments within the stipulated time by the Applicant on the condition that the Applicant shall pay to the Company interest which shall be charged for the first ninety (90) days from the due 15 % (fifteen) per annum and for all periods exceeding first 90 (ninety) days after the due 18 % per annum (c) The Applicant shall commence the business,, in the Said Shop not later than four (4) months from the date of the possession. In case the Applicant fails to commence / make operational his business within the stipulated period, the Company may, at its sole discretion, extend the period for commencing business by the Applicant upon payment by the Applicant of additional Rs.538 per sq. mt per month. If the Applicant fails to commence / make operational his business within stipulated / extended period the Company may resume the Said Shop, refund the amounts paid by the Applicant without any interest. Thereafter, the Company shall have right to resell the Said Shop. Page 16 of 56

17 15. The Applicant(s) agrees that time shall be the essence with respect to the payments to the made by the Applicant(s) including the Total Price and other amounts payable by the Applicant(s) as per the payment plan opted by the Applicant(s) and/or as demanded by the Company from time to time and as mentioned in this Application/Allotment Letter. 16. The Applicant(s) has seen and accepted the building plans, floor plans (Annexure-VII), specifications (Annexure-VI) and has applied for the allotment of the Said Shop with the specific knowledge that the building plans, floor plans, designs, specifications, measurements, dimensions, location of the Said Shop and/or Said Building, floor plans and all other terms and conditions are tentative and are liable to change, alteration, modification, revision, addition, deletion, substitution or recast by the Company as it may deem fit and also subject to changes/modification by the competent authority. However, in case of any major alteration / modification resulting in more than U+20U% change in the super area of the Said Shop or material and significant changes in the specifications of the Said Shop any time prior to and/or upon the grant of occupation certificate by the Company s architect or by the competent authority, the Applicant(s) will be informed in writing by the Company of such change and the difference in price of the Said Shop to be paid by him or to be refunded to him by the Company, as the case may be. The Applicant(s) agrees to inform the Company in writing his objections to the changes within thirty (30) days from the date of such notice failing which the Applicant(s) shall be deemed to have given his consent to all the alterations/modifications. If the Applicant(s) objects to such change in writing, within the permitted time and the Company decides to go ahead with changes, then the allotment of the Said Shop shall be deemed to be cancelled and the Company shall be liable only to refund the entire money received from the Applicant(s) with 9% per annum calculated from the date of realization of respective amount(s) paid by the Applicant(s). The Applicant(s) agrees that any increase or reduction in the super area of the Said Shop shall be payable or refundable (without any interest) at the rate per sq. mtr., as mentioned in this Application. 17. The Applicant(s) agrees that the Company shall not be liable to perform any or all of its obligations during the subsistence of the Force Majeure conditions and the time period required for performance of its obligations shall stand extended. If in the opinion of the Company, Force Majeure continues for a considerable time, then the Company may in its sole discretion put the construction of the project in abeyance and terminate/alter/vary the terms and conditions of this Application/Allotment Letter and in case of termination, the Applicant shall be entitled to refund of the amounts deposited by the Applicant, without any interest or compensation whatsoever, provided the Applicant is not in breach of any of the terms of this Application/Allotment Letter. The Applicant(s) agrees and acknowledges that the Company, in its sole discretion may abandon the project, without assigning any reason thereof and in such an eventuality, the liability of the Company shall be limited only to refund the amount received from the Applicant, along with 9 % interest per annum from the date of receipt of such amount and the Applicant(s) shall have no other claim of any nature whatsoever The Applicant agrees that the Company may at its sole discretion and subject to the Applicant having fulfilled all its obligations under this Application, allow the Applicant to enter the Said Shop for carrying out interior finishing and fit out works prior to the notice of possession and on execution of an indemnity bond and the Company may impose certain restrictive guideline(s), covenants and conditions including the time frame, regarding interior fit outs at the time of allowing the Applicant to do the interior fit outs in the Said Shop and no conveyance deed shall be executed in case of any breach of any of such guideline(s), covenants and conditions issued for interior fitouts or failure of the Applicant to strictly adhere to such guideline(s), covenants and conditions. Page 17 of 56

18 However, such entry shall not be construed as or in no way entitle the Applicant to have any right, interest or title of any nature whatsoever in respect of the Said Shop. The Applicant undertakes not to cause any damage to the Said Building, while completing the interior work of the Said Shop and in the event any such damage is caused, the Applicant agrees to reimburse the Company the costs of rectification thereof. The Applicant further agrees to pay to the Company the cost of electricity, water and other direct expenses incurred by the Company on account of the Applicant during the period of interior fit outs. The demand raised by the Company in this regard shall be final and binding upon the Applicant and the Applicant undertakes to make the payment thereof forthwith. (a) Subject to other terms of this Application/Allotment, including but not limited to timely payment of the Total Price, stamp duty and other charges by the Applicant(s), the Company shall endeavour to complete the construction of the Said Shops within 48 months from the date of Application. The Company will offer possession of the Said Shop to the Applicant(s) as and when the Company receives the occupation certificate from the competent authority(ies). Any delay by the Applicant(s) in taking possession of the Said Shops from the date of offer of possession, would attract holding Rs per sq. mtr. of super area of the Said Shop per month for any delay of full one month or any part thereof. (b) Subject to the terms and conditions of the Allotment Letter, in case of any delay (except for Force Majeure) by the Company in completion of construction ofsaid Shop and receiving occupation certificate of the Said Complex and the Applicant(s) not being in default/breach of the terms and conditions set out in this Application/Allotment Letter, the Company shall pay Rs per sq. mtr. of super area of the Said Shop per month or part thereof upto grant of the Occupation Certificate (OC), only to the first named Applicant(s) and not to anyone else. The Applicant(s) agrees and confirms that the compensation herein is a just and equitable estimate of the damages which the Applicant(s) may suffer and the Applicant(s) agrees that it shall have no other right claims whatsoever. The adjustment of such compensation shall be done only at the time of execution of conveyance deed of the Said Shop to the Applicant first named. 19. The Applicant(s) agrees and understands that if the FAR(floor area ratio ) is increased by the Governmental Authority beyond the current applicable FAR of 2.0, the Company shall have the exclusive right and ownership on the additional FAR beyond the current applicable FAR. The Company shall have the sole discretion and right to utilize the additional FAR, including but not limited to constructing additional buildings in the Said Complex or by adding more floors to existing buildings, as per the approvals granted by the Governmental Authorities. The Applicant(s) further agrees and confirms that on such additional construction by use of additional FAR, the additional construction shall be the sole property of the Company, which the Company shall be entitled to dispose of in any manner it chooses without any interference from the Applicant(s). The Company shall be entitled to get the electric, water, sanitary and drainage systems of the additional constructions thereof connected with the already existing electric, water, sanitary and drainage systems in the Said Complex. The Applicant(s) acknowledges that the Applicant(s) has not made any payment towards the additional FAR and shall have no objection to any of such construction activities carried on the Said Building/ Said Complex. 20. The Company reserves the right to give on lease or hire any part of the top roof/terrace above the top floor, unless otherwise reserved specifically, of any of the building in the Said Complex for installation and operation of antenna, satellite dishes, communication towers, other communication equipments or to use/hire/lease the same for advertisement purpose and the Applicant(s) agrees that the Applicant(s) shall not object to the same and make any claim Page 18 of 56

19 on this account. The roof top/terrace shall always vest with the Company and the Company shall be the sole owner thereof.the Applicant shall put his signage only at the place nominated/ allotted to the Applicant. The Applicant shall be responsible to install and maintain the signage, if allotted in a well lit, legible and in a proper manner at his own cost. The Applicant agrees that the said allotted shop for affixing signage etc. shall be increased, decreased or modified in any manner at the sole discretion of Company from time to time. The Company may issue such guidelines / directions including but not limited to that for colour scheme, style and manner of the signage, proper maintenance and upkeep by the Applicant of such signage from time to time. The Applicant shall not change the colour scheme of the outer walls or painting of the exterior side of the doors or windows etc. or shall not carry out any change in the exterior elevation of the design. The Company may transfer such responsibility of identifying, earmarking and allotment of such signage s to its nominees / assigns or any other body or association of shop owners or to such agency as may be appointed by it at its sole discretion. The Applicant shall not raise any dispute with regard to the appointment of any agency for managing signage s in such a manner as such agency may deem fit and proper from time to time and the Applicant shall extend full co-operation to such an agency for optimum usage of the signage in the Said Building. (a) The Applicant hereby agrees to comply with all the laws as may be applicable to the Said Shop including but not limited to the provisions of Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act and Air (Prevention and Control of Pollution) Act, 1981 and the Rules, Notifications etc. made thereunder in respect of the Said Shop and the Applicant shall remain solely responsible for the consequence of non compliance of the aforesaid Acts/ Rules. 21. The Applicant(s) agree to enter into a maintenance agreement with the Maintenance Agency for the maintenance and upkeep of the Said Building/Said Complex and undertakes to pay the maintenance bills therefor. In order to secure due payment of the maintenance bills and other charges raised by the Maintenance Agency, the Applicant(s) agrees to deposit, as per the schedule of payment and to always keep deposited with the Company or the Maintenance Agency, as IFMS. 22. The Applicant(s) agree to pay as and when demanded by the Company all stamp duty, registration charges and all other incidental and legal expenses for execution and registration conveyance deed of the Said Shops within the stipulated period and upon receipt of the Total Price, other dues and charges and expenses as may be payable or demanded from the Applicant(s) in respect of the Said Shops and Parking Space(s). In case the Applicant(s) fails to deposit the stamp duty, registration charges and all other incidental and legal expenses so demanded within the period mentioned in the demand letter, the Company shall have the right to cancel the allotment and forfeit the Earnest Money, and Non Refundable Amounts, etc. and refund the balance amount to the Applicant(s) without any interest upon realization of money from resale / re-allotment to any other party. 23. The Applicant(s) agrees and confirms that any rights on the Said Shops are not assignable to any third party till expiry of four month from the date of booking and shall be subject to payment of monies due and payable by the Applicant(s) as stated in the Payment Plan. However, after the expiry of one year and payment of monies due as per the Payment Plan, the Company may, upon payment of charges as applicable from time to time and subject to applicable laws and notifications or any Government Authority/its agency/ body directions as may be in force, upon receiving a written request from the Applicant(s), permit the Applicant(s) to get the name of his/her nominee substituted, added, deleted in his/her place subject to such terms, conditions and charges as the Company may impose. The Applicant(s) shall be solely Page 19 of 56

20 responsible and liable for all legal, monetary or any other consequences that may arise from such nomination(s)/transfer/assignment. 24. The Applicant(s) agree that the Company shall have the right to raise finance/loan from any financial institution / bank by way of mortgage / charge/ securitization of receivables of the Said Shop subject to the Said Shop being free of any encumbrances at the time of execution of sale deed. The Company / financial institution / bank shall always have the first lien / charge on the Said Shops for all its dues and other sums payable by the Applicant(s) or in respect of the loan granted. 25. The Applicant(s) shall indemnify and keep the Company, directors, its agent, representatives, employees, estate and effect indemnified and harmless against the payments and observance and performance of all the covenants and conditions and any loss, damage or liability that may arise due to non payment, non observance or non performance of the said covenants and conditions by the Applicant(s) as mentioned in the Application and Allotment. 26. The Applicant(s) agrees that in case the Applicant(s) is an NRI or non resident / foreign national of Indian origin / foreign national / foreign company, then all remittances, acquisition / transfer of the Said Shops, any refund, transfer of security etc., shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 (FEMA), or statutory enactments or amendments thereof and the rules and regulations of the Reserve Bank of India or any other applicable law and it shall be the sole responsibility of non-resident/foreign national of Indian origin /foreign nationals/foreign companies to abide by the same. The Company accepts no responsibility in this regard. 27. The Applicant(s) agree to inform the Company in writing any change in the mailing address mentioned in this Application, failing which, all letters by the Company shall be mailed to the address given in this Application and deemed to have been received by the Applicant(s). In case of joint Applicant(s), communication sent to the first named Applicant(s) in this Application shall be deemed to have been sent to all the Applicant(s). 28. The Applicant(s) understands that the final allotment of the Said Shop is entirely at the discretion of the Company. 29. That it is specifically understood by the applicant(s) that upon acceptance, the terms and conditions as set out in the Allotment Letter shall supersede the terms and conditions as set out in this Application. 30. The Applicant(s) understand that this Application is purely on his unilateral basis and the Company may decide not to allot any or all the shop in the Said Building/Said Complex to anybody or altogether decide to put at abeyance the project itself, for which the Applicant(s) shall not have a right to raise any dispute and claim any right/title/interest on the acceptance of the Application and receipt of the booking amount being received by the Company with this Application from the Applicant(s). 31. The Applicant(s) agree that the Company shall have the right to transfer ownership of the Said Complex in whole or in parts to any other entity such as any partnership Company, body corporate(s) whether incorporated or not, association or agency by way of sale / disposal /or any other arrangement as may be decided by the Company without any intimation, written or otherwise to the Applicant(s) and the Applicant(s) shall not raise any objection in this regard. 32. The Applicant(s) agrees and understands that terms and conditions of the Application and those of the Allotment Letter may be modified/amended by the Company in accordance with any directions/order of any court of law, Governmental Authority, in compliance with applicable law and such amendment shall be binding on the Applicant(s). Page 20 of 56

21 33. All or any disputes arising out or touching upon or in relation to the terms and conditions of the Application/Allotment Letter, 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, failing which the same shall be settled through arbitration. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory amendments/modifications thereof for the time being in force. The arbitration proceedings shall be held at an appropriate location as decided by a sole arbitrator, who shall be appointed by the Company and whose decision shall be final and binding upon the parties. The Applicant(s) hereby confirms that the Applicant(s) shall have no objection to this appointment by the Company even if the person so appointed as the arbitrator is an employee or advocate of the Company or otherwise is connected to the Company and the Applicant(s) confirms that notwithstanding such relationship /connection, the Applicant(s) shall have no doubts as to the independence or impartiality of the sole arbitrator, appointed by the Company. It is understood that no other person or authority shall have the power to appoint the arbitrator. The Courts at Lucknow- alone and the High Court of Allahabad at Lucknow Bench alone shall have the jurisdiction. The Applicant(s) has fully read and understood the above mentioned terms and conditions and agrees to abide by the same. Date: Place: (SIGNATURE OF THE APPLICANT(S) Page 21 of 56

22 UList of Approvals / Sanctions List of Approvals / Sanctions UMy PAD Vibhuti Khand, Lucknow My SHOP - Vibhuti Khand, Lucknow ANNEXURE I 1. Permit to Build by LDA Vide Permit No Sanction Vide order dated 14/02/ Layout & building Plans approval by LDA Vide letter No. 58/EE-ZONE-1/12/-13, dated 15/03/ NOC from Fire department Vide Letter no. FS-1076/2013(01), dated 25/2/ Environmental Clearance from State Level Environment Impact Assessment Authority Vide Order No. 402/SEAC/278/2009, dated 12/3/2009 (Revision submitted) 5. Consent to establish from Pollution Control Board Vide Letter no. F56724/C-5/NOC- 415/09/11, dated 11/11/2009 (Revised Layout to be submitted with Revised Environment Clearance) 6. NOC from Traffic department Vide Letter no. ST/SPT-NOC/09, dated 10/9/ NOC from Electrical Distribution department for Map sanction Vide Letter No. 3564/V.N.V.KHA (Gomti Nagar), dated 09/09/ NOC from Electrical safety department Vide Letter no II/V.Shu.Ni/Lko.Zone/Niri, dated 25/08/ NOC from AAI (59.25mtrs) for Height clearance vide letter no. AAI/NOC/2008/443/ , dated 15/4/2009 Page 22 of 56

23 Annexture-II Page 23 of 56

24 Annexture-IIA Page 24 of 56