Nirvana Beyond E-408

 NIRVANA BEYOND 
|| SHRI GANESH PRASANNA ||
ARTICLE OF AGREEMENT
THIS ARTICLE OF AGREEMENT OF IMMOVABLE PROPERTY MADE
AND EXECUTED AT PIMPRI-CHINCHWAD, PUNE ON THIS __________ DAY OF
___________ IN THE YEAR 2023.
BETWEEN
M/S. DIAMOND NEXUS PROPERTIES.

A Partnership Firm,
Having its Reg. office at :- Shop No. 15 & 16,
Survey No. 32/7, Mahalaxmi Heights,
B-Wing, Pimpri, Pune – 411018.
Pan Card No. :- AALFD4494L.
Through its Partner
1) MR. SATISHKUMAR RAVJIBHAI PATEL.

Age :- 36 Years, Occupation :- Business
Residing at :- Survey No. 32/7, Mahalaxmi
Heights, B-Wing, Pimpri,
Pune – 411018.
Pan Card No. :- ANWPP7979G.
AND/OR
2) MR. HARDIK PRAVINBHAI PATEL.

Pune – 411018.
Pan Card No. :- ASVPP4968M.
AND/OR
3) MR. HARDIK RASIKBHAI PATEL.

Residing at :- B /404, Shubharanbh Complex,
Plot No. 19, Sector No. 20, Khargar,
Navi Mumbai - 410210.
Pan Card No. :- AREPB9591Q.
AND/OR
4) MR. MAHESH LALJIBHAI PATEL.

Residing at :- 703, Bhondve Tower, Plot No. 94,
Sector No. 6, Moshi Pradhikaran
Pune – 412105.
Pan Card No. :- AMMPP6394E.
Hereinafter referred to as the “THE PROMOTERS/DEVELOPERS &

BUILDERS”. (Which expression shall unless it be repugnant to the context or
meaning thereof mean and include the said A.O.P. and the members of the said
AOP, their executors and assignees)
…………PARTY OF THE FIRST PART.
“ARTICLE OF AGREEMENT” PAGE NO :- 1
AND
1) MR. NIKHIL GANESH KHODAKE.

AGE :- 32 YEARS, OCCUPATION :- SERVICE
PAN CARD NO. :- DIBPK6919J.
AADHAR CARD NO. :- 9437 4199 5445.
2) MRS. POOJA NIKHIL KHODAKE.

AGE :- 26 YEARS, OCCUPATION :- HOUSEWIFE
PAN CARD NO. :- EXQPB1906K.
AADHAR CARD NO. :- 4934 1782 8215.
BOTH RESIDING AT: - DHANRAJ PARK HOUSING SOCIETY,

BUILDING - P, 4TH FLOOR, FLAT NO. 24, NEAR HOTEL
AMBIANCE, KASPATE WASTI, WAKAD,
PUNE – 411057.
Hereinafter referred to as the “PURCHASER/S”, Which expression shall

unless it be repugnant to the context or meaning thereof be deemed to mean
and include the Purchaser/s, his/ her/ their/ its successors and permitted
assignees alone so far as the obligations on the part of the Promoters and
Developers / Builders concerned.
……………PARTY OF THE SECOND PART.
AND
1) SHRI. SADASHIV BHIKA KATALE.

Age :- 64 Years, Occupation :- Agri. & Business
Residing at :- Kiwale, Tal. Haveli,
Dist. Pune - 412101.
Pan Card No. :- AWFPK9027L.
2) SOU. BEBI SADASHIV KATALE.

Age :- 51 Years, Occupation :- Housewife
Pan Card No. :- CXQPK4013A.
3) SHRI. DILIP SADASHIV KATALE.

Pan Card No. :- AZFPK6941A.
( For Himself and Father and Natural
Guardian of No. 5 & 6 )
4) SOU. SHAKUNTALA DILIP KATALE.

Pan Card No. :- CXQPK4011C.
5) KUM. MAYURI DILIP KATALE.

Age :- 17 Years, Occupation :- Studying
6) KUM. OMKAR DILIP KATALE.

Age :- 16 Years, Occupation :- Studying

7) SHRI. RAMESH SADASHIV KATALE.

Pan Card No. :- AYYPK9017B.
( For Himself and Father and Natural
Guardian of No.9 & 10 )
8) SOU. SONAL RAMESH KATALE.

Pan Card No. :- CXQPK4008K.
9) KUM. PAYAL RAMESH KATALE.

Age :- 6 Years, Occupation :- Student
10) KUM. BHUSHAN RAMESH KATALE.

Age :- 4 Years, Occupation :- Student
11) SOU. SHEETAL CHANDRAKANT JADHAV.

Residing at :- A/P. Nehre Dattawadi,
Tal. Mulshi, Dist. Pune.
Pune - 412101.
Pan Card No. :- ASEPJ5570E.
12) SMT. JAIBAI PANDURANG SAWANT.

Pan Card No. :- BTIPS4514B.
13) SOU. SHALAN SOPAN SAWANT.

Aadhar Card No. :- 5063 1160 554
Through their Developers & Power of Attorney Holder
M/S. DIAMOND NEXUS PROPERTIES.

A Partnership Firm,
Having its Reg. office at :- Shop No. 15 & 16,
Survey No. 32/7, Mahalaxmi Heights,
B-Wing, Pimpri, Pune – 411018.
Pan Card No. :- AALFD4494L.
Through its Partner
1) MR. SATISHKUMAR RAVJIBHAI PATEL.


Pune – 411018.
Pan Card No. :- ANWPP7979G.
AND/OR
2) MR. HARDIK PRAVINBHAI PATEL.

Pune – 411018.
Pan Card No. :- ASVPP4968M.
AND/OR
3) MR. HARDIK RASIKBHAI PATEL.

Residing at :- B /404, Shubharanbh Complex,
Plot No. 19, Sector No. 20, Khargar,
Navi Mumbai - 410210.
Pan Card No. :- AREPB9591Q.
AND/OR
4) MR. MAHESH LALJIBHAI PATEL.

Residing at :- 703, Bhondve Tower, Plot No. 94,
Sector No. 6, Moshi Pradhikaran
Pune – 412105.
Pan Card No. :- AMMPP6394E.
Hereinafter referred to as “THE OWNER & CONSENTING PARTY”

(which expression unless repugnant to the context or meaning thereof shall
mean and include their respective heirs, executors, administrators and assigns)
……………PARTY OF THE THIRD PART.
WHEREAS all that piece and parcel of Property bearing Survey No. 93
having Hissa No. 7 having total admeasuring area 01 H. 13 Ares i.e. 11300 Sq.
Mtrs., and which is assessed at Rs. 3.50 Paise, situated at Village Kiwale,
Taluka Haveli, District Pune and within the local limits of Pimpri Chinchwad
Municipal Corporation and within the Jurisdiction of Sub-Registrar Haveli,
District Pune and which is more particularly described in the Schedule I written
hereunder.
Hereinafter referred to as the…………“Said Property”
AND WHEREAS the Property bearing Survey No. 93 having Hissa No. 7
having total admeasuring area 01 H. 13 Ares., and which is assessed at Rs. 3.50
Paise, situated at Village Kiwale, Taluka Haveli, District Pune was originally
owned and possessed by Shri. Bhika Maruti Katale and his name was recorded
in the Revenue Records as owner of the aforesaid Property.
AND WHEREAS thereafter Shri. Bhika Maruti Katale expired on

04/07/1965 leaving behind his legal heirs i.e. one Son Shri. Sadashiv Bhika
Katale and two daughters Sou. Jaibai Pandurang Savant, Sou. Shalan Sopan
Savant and Wife Smt. Yamunabai Bhika Katale and the name of Shri. Sadashiv
Bhika Katale through his Natural Guardian Smt. Yamunabai Bhika Katale were

mutated vide Mutation Entry No. 1362 in 7/12 extract as Owners of the said
property.
AND WHEREAS Shri. Sadashiv Bhika Katale had returned the loan
borrowed from Pune District Land Development Bank Ltd. And therefore the
name of Pune District Land Development Bank Ltd., was deleted and the name
of Shri. Sadashiv Bhika Katale was recorded vide Mutation Entry No. 1565 in
7/12 extract as Owner of the said property.
AND WHEREAS Shri. Sadashiv Bhika Katale & Others had executed
Development Agreement & Irrevocable Power of Attorney for the Property bearing
Survey No. 93 having Hissa No. 7 having total admeasuring area 01 H. 13 Ares
i.e. 11300 Sq. Mtrs., and which is assessed at Rs. 3.50 Paise, situated at Village
Kiwale, Taluka Haveli, District Pune in favour of M/s. Diamond Nexus
Properties, A Partnership Firm, Through its Partners Shri. Satishkumar
Ravjibhai Patel and Shri. Hardik Pravinbhai Patel. That the said Development
Agreement & Irrevocable Power of Attorney is duly registered with the Sub
Registrar Haveli No. 18 at their Serial No. 6552/2016 & 6553/2016 dated
13/07/2016.
AND WHEREAS M/s. Diamond Nexus Properties, A Partnership Firm,

Through its Partners Shri. Satishkumar Ravjibhai Patel and Shri. Hardik
Pravinbhai Patel have right of Development over the Property bearing Survey No.
93 having Hissa No. 7 having total admeasuring area 01 H. 13 Ares i.e. 11300
Sq. Mtrs., and which is assessed at Rs. 3.50 Paise, situated at Village Kiwale,
Taluka Haveli, District Pune which is more particularly described in the
Schedule I written hereunder and also have absolute authority to evolve a
scheme on ownership basis on the said property as per the aforesaid
documents.
AND WHEREAS “The Promoters/Developers and Builders” are legally

entitled and have right of Development over the said property.
AND WHEREAS “The Promoters/Developers and Builders” have decided

to develop the said Land by constructing ownership Flats, a scheme in the name
of “NIRVANA BEYOND”.
AND WHEREAS “The Promoters/Developers and Builders” have proposed

to construct a multistoried building consisting of ownership Flats, Shops,
Tenements, Galas and Parking space in accordance with the plans as sanctioned
by the concerned Government Authority. That the concerned Authority i.e.
Pimpri Chinchwad Municipal Corporation, Pimpri, Pune- 411018 has sanctioned
the said building plan and has issued Commencement Certificate on
07/12/2017 by the Commencement Certificate No. B.P/Layout/Kiwale/
76/2017 dated 07/12/2017. That thereafter the said Plan was further revised
under Commencement Certificate No. B.P/Kiwale/73/2019 dated 08/08/2019.
That thereafter the said Plan was further revised under Commencement
Certificate No. B.P/Kiwale/41/2020 dated 03/11/2020. That thereafter the said
Plan was further revised under Commencement Certificate No.
B.P/Kiwale/33/2021 dated 22/06/2021. That thereafter the said Plan was
further revised under Commencement Certificate No. B.P/Kiwale/18/2022
dated 15/02/2022.
AND WHEREAS “The Promoters/Developers and Builders” and “The

Owner & Consenting Party” had filed an application before the office of The
Hon’ble Additional Tahasildar, Pimpri-Chinchwad, Pune for granting permission
to make use of said properties for Non-Agricultural purpose. That accordingly
the Concerned Government Authority has granted permission under Order No.
NA/SR/506/2017 dated 21/08/2017.

AND WHEREAS The Promoters/Developers and Builders have appointed

M/S. MAHENDRA THAKUR & ASSOCIATES having its office at 101 & 101-A,
Vishnu Vision, Plot No. 22, Near SNBP School, Morwadi, Pimpri, Pune - 411018
as their Architects who is duly registered with the Council of Architects having
Registration No. CA/2004/34769 and M/S. EQUICOM STRUCTURAL
CONSULTANCY having its office at Paya Society, Aundh, Pune - 411007 as their
Structural Engineers and have accepted the professional supervision of
Architects and the Structural Engineers till the completion of the buildings but
“The Promoters/Developers and Builders” herein have reserved the right to
change such Architects and Structural Engineers before the completion of the
buildings if The Promoters/Developers and Builders so decide.
AND WHEREAS the Purchaser/s demanded from “The

Promoters/Developers and Builders” and “The Promoters/Developers and
Builders” has given inspection to the Purchaser/s of all the documents of title
relating to the said land, and the plans/s, designs and specifications prepared
by the aforesaid Architects of “The Promoters/Developers and Builders” and also
given the copies of Sanctioned Plan and also such other documents as are
specified under the Maharashtra Ownership Flats (Regulation of the Promotion
of Construction, Sale, Management and Transfer) Act, 1963, (hereinafter referred
to as “THE SAID ACT”) and the rules made hereunder;
AND WHEREAS “The Promoters/Developers and Builders” is the

Partnership Firm and the person who has given his/its signature in the present
Article of Agreement is the running partner of the said Firm and has absolute
authority to execute the present Article of Agreement on behalf of the
Partnership Firm and the said Article of Agreement shall be binding upon all the
other Partners of the said Firm. That as only one Partner has signed the present
Article of Agreement on behalf of the Partnership firm the same shall not have
any adverse effect relating to the execution of the present Article of Agreement.
AND WHEREAS the copies of Certificate of Title issued by Shri. Amit. A.

Choudhary, Advocate of “The Promoters/Developers and Builders”, Copies of
7/12 extract of village forms or any other relevant revenue record showing the
nature of the title and rights of “The Promoters/Developers and Builders” to the
said land on which the Flats are under construction/to be constructed and the
copies of the plans and specifications of the flat agreed to be purchased by the
Purchaser/s approved by the concerned local authority has been handed over
unto the Purchaser and the necessary documents have been annexed hereto.
AND WHEREAS on the request of “The Promoters/Developers and

Builders”, the Purchaser/s has carried out independent necessary search by
appointing his / her / their own Advocate regarding the title and the nature of
the title. The Purchaser/s has/have satisfied himself / herself / themselves in
respect of the marketable title of “The Promoters/Developers and Builders” in
respect of the said land and thereafter have agreed to purchase Flat and is
annexed herewith.
( Hereinafter referred to as the………. “SAID FLAT” ).
AND WHEREAS the Purchaser/s has read and understood all the terms
and conditions of all the related Deeds and Documents of “The
Promoters/Developers and Builders”. Also the Purchaser/s has read and
understood all the contents of the Indemnity bonds/ Undertakings, etc given by
“The Promoters/Developers and Builders” to the Collector/Corporation and
Pimpri Chinchwad Municipal Corporation, Pimpri, Pune- 411 018 or any other
Authority, and terms and conditions mentioned in Commencement Certificate,
NA order and Completion Certificate (if any) and Purchaser/s agrees that this

Article of Agreement is subject to the said terms and are also binding on
him/her/them/it.
AND WHEREAS the Purchaser/s hereby agrees and accepts that

he/she/they/it is well aware of all the related Deeds and Documents of “The
Promoters/Developers and Builders” and is also aware of their respective
liabilities. And the present Article of Agreement shall be signed and executed by
either of the persons or Authorized person/signatory or Power of Attorney Holder
etc., of Party of the First Part and the said Article of Agreement shall be deemed
to be authenticated as if signed by all the parties thereof and the same is
accepted by the Purchaser/s herein.
AND WHEREAS the Purchaser/s is aware of the fact that The

Promoters/Developers and Builders has entered or will enter into similar and
/or separate Agreements or Article of Agreement with several other Purchaser/s,
persons and parties in respect of Flat/Unit in the said Wing/Building/Project;
AND WHEREAS the Purchaser/s herein being desirous of purchasing a

flat, applied to The Promoters/Developers and Builders for allotment of the
Flat No. 408 on the Fourth Floor of the Building/Wing No. “E” in the project
known as “NIRVANA BEYOND” to be constructed on the said Schedule “I” land
and the said Flat is more particularly described in Schedule “II” written
hereunder.
AND WHEREAS relying on the Purchaser/s representations and the

assurances and subject to the terms and conditions mentioned in this Article of
Agreement, “The Promoters/Developers and Builders” herein has agreed to sell
and the Purchaser/s herein has agreed to purchase Flat No. 408 admeasuring
carpet area about 48.82 Sq Mtrs., Along with adjoining same level Enclosed
Balcony/Balcony having area about 2.85 Sq Mtrs., and also along with
adjoining same level Terrace/Dry Terrace having area about 11.22 Sq Mtrs.,
subject to fluctuation of areas not more than Three percent on Fourth Floor, of
the Building/Wing No. “E” at or for mutually concluded and agreed lump sum
consideration of Rs. 43,20,520/- (Rupees Forty Three Lakhs Twenty
Thousand Five Hundred And Twenty Only.) excluding expenses for Stamp
Duty, Registration Fees, Service Tax, G.S.T., (if applicable) or any other taxes
levied which shall be paid by Purchaser/s separately. The sale of the said
Flat/Unit is on the basis of carpet area only. The Purchaser/s is aware that due
to the skirting and variation in plaster, the carpet area varies. The variation may
be approximately Three percent. The Purchaser/s consents for the same and is
aware that the consideration being lump sum will not change. The Purchaser/s
agrees not to question or challenge the said consideration the same having been
settled on lump sum basis after considering all aspects and other terms of the
Article of Agreement.
AND WHEREAS the “Carpet Area” means the net usable Floor area of an
Flat, excluding the area covered by the external walls, areas under services
shafts, exclusive balcony appurtenant to the said Flat for exclusive use of the
Purchaser/s or verandah area and exclusive open terrace area appurtenant to
the said Flat for exclusive use of the Purchaser, but includes the area covered by
the internal partition walls of the said Flat.
AND WHEREAS The Promoters/Developers and Builders has sanction

the said Flat/Wing’s/Building’s/Project as per the norms of the Development
Control Rules of Concerned Government Authority i.e. Pimpri Chinchwad
Municipal Corporation, Pimpri, Pune. That as per the sanctioned plan by the
Concerned Government Authority the area of adjoining same level Balcony/
Open Balcony/ Dry Balcony/ Enclose Balcony/ Terrace/ Dry Terrace/ Open
Terrace area etc., is attached to the said Flat and its usage is exclusively for the

Purchaser/s only. That the sale/allotment of the said Flat is strictly on the basis
of “Carpet Area” only and the definition of the “Carpet Area” is described as per
The Real Estate (Regulation & Development) Act, 2016. That the adjoining area
of attached Balcony/ Open Balcony/ Dry Balcony/ Enclose Balcony/ Terrace/
Dry Terrace/ Open Terrace area etc., mentioned in the said Article of Agreement
does not create any adverse effect to the present transaction and also the
consideration of Flat is exclusive of the area of the said attached adjoining
Balcony/ Open Balcony/ Dry Balcony/ Enclose Balcony/ Terrace/ Dry Terrace/
Open Terrace area etc.,. That the area of the said attached adjoining Balcony/
Open Balcony/ Dry Balcony/ Enclose Balcony/ Terrace/ Dry Terrace/ Open
Terrace is for the exclusive usage of the Purchaser/s only and the said attached
adjoining Balcony/ Open Balcony/ Dry Balcony/ Enclose Balcony/ Terrace/ Dry
Terrace/ Open Terrace area etc., area has been mentioned in the present Article
of Agreement only for the purpose of assessment by the Local Government
Authority and/or any Concerned Government Authority for Property Taxation
purpose and also to avoid any kind of differentiation and/or ambiguity in the
said Sanctioned Plan area and the area to be assessed for the purpose of
Property Taxation Assessment..
AND WHEREAS under Section 13 of The Real Estate (Regulation &

Development) Act, 2016 The Promoters/Developers and Builders is required to
execute a written Agreement for sale of said Flat with the Purchaser/s, being in
fact these present and also to register said Article of Agreement under the
Registration Act, 1908, the Parties hereto are desirous to reduce in writing all
the terms and conditions of this transaction and hence this present.
 NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS

HEREBY AGREED BY AND BETWEEN THE PARTIES HEREIN AS UNDER :-
1) DISCLOSURE AND INVESTIGATION OF MARKETABLE TITLE :-
The Promoters/Developers and Builders has made full and true

disclosure of the title of the said property/properties as well as the
encumbrances, if any, known to The Promoters/Developers and Builders. The
Promoters/Developers and Builders has also disclosed to the Purchaser/s
nature of his/its right, title and interest and right to construct and sell
building/s on the said property. The Promoters/Developers and Builders has
also given inspection of all documents to the Purchaser/s and Purchaser/s has
verified all the documents and satisfied about the same. The Purchaser/s has
carried out the search and investigated the title by appointing his/her/their/its
own independent Advocate in regards to his/its title, interest, building plans,
and Governmental and Semi Governmental Orders, etc. The Purchaser/s having
acquainted and satisfied himself/herself/themselves/itself with all the facts and
nature of right of The Promoters/Developers and Builders and has/have/itself
entered into this Article of Agreement. The Purchaser/s herein after shall not be
entitled to challenge or question the title of the ownership and the right of The
Promoters/Developers and Builders to enter into this Article of Agreement.
2) NAME OF THE PROJECT :-
The name of the Project shall be “NIRVANA BEYOND”.
3) SANCTIONS :-
That the Promoters/Developers and Builders has got sanctioned the

layout and building plans of the said project by Pimpri Chinchwad Municipal
Corporation, Pimpri, Pune- 411018. That the concerned Authority i.e. Pimpri
Chinchwad Municipal Corporation, Pimpri, Pune- 411018 has sanctioned the
said building plan and has issued Commencement Certificate on 07/12/2017

by the Commencement Certificate No. B.P/Kiwale/73/2019 dated 08/08/2019.
That thereafter the said Plan was further revised under Commencement
Certificate No. B.P/Kiwale/41/2020 dated 03/11/2020. That thereafter the said
Plan was further revised under Commencement Certificate No.
B.P/Kiwale/33/2021 dated 22/06/2021. That thereafter the said Plan was
further revised under Commencement Certificate No. B.P/Kiwale/18/2022
dated 15/02/2022.
4) ALTERATION AND MODIFICATION OF SANCTIONED LAYOUT &

BUILDING PLANS :-
The Promoters/Developers and Builders herein has already commenced

with the construction of the said Flat/Wing’s/Building’s on the said land in
accordance with the plans, designs and specifications approved by the
concerned local Authority, which have been seen and agreed by the
Purchaser/s. That The Promoters/Developers and Builders shall have to obtain
prior consent in writing of the Purchaser/s in respect of variations or
modifications which may adversely affect the Flat of the Purchaser/s except any
alteration or addition or modifications in the sanctioned plans, layout plans and
specifications of the Wings/Buildings or common areas of the said
Phase/Project which are required to be made by The Promoters/Developers and
Builders in compliance of any direction or order, etc., issued by the competent
authority or statutory authority, under any law of the State or Central
Government, for the time being in force. That The Promoters/Developers and
Builders may also make such minor additions and alterations as may be
required by the Purchaser/s.
The Promoters/Developers and Builders herein may be constructing the

building/s on the said land in phases and the Purchaser/s herein undertakes
not to raise any objection on any ground whatsoever & shall not obstruct the
construction in any manner, and also as the Purchaser/s is aware that The
Promoters/Developers and Builders has already submitted the proposed layout
and the same is yet to be sanctioned, and hence the Purchaser/s hereby give
his/her/their/its irrevocable authority for implementing such revision of
whatsoever nature in the entire scheme which will be developed in Phase wise.
5) CONSIDERATION :-
Relying on the Purchaser/s representations and the assurances, The

Promoters/Developers and Builders herein has agreed to sell and the Purchaser
herein agreed to purchase Flat No. 408 admeasuring carpet area about 48.82
Sq Mtrs., Along with adjoining same level Enclosed Balcony/Balcony having
area about 2.85 Sq Mtrs., and also along with adjoining same level Terrace/Dry
Terrace having area about 11.22 Sq Mtrs., on Fourth Floor of the
Building/Wing No. “E” in “NIRVANA BEYOND” for total consideration Rs.
43,20,520/- (Rupees Forty Three Lakhs Twenty Thousand Five Hundred
And Twenty Only.), including the price for proportionate share in the said land
common areas and facilities appurtenant to the said premises and excluding all
expenses for Stamp Duty, Registration Fees, G.S.T. Tax, (if applicable), or any
other taxes levied by the Central Government / State Government / Local
Authority, which shall be paid by Purchaser separately. The sale of the said flat
is on the basis of the carpet area only. The Purchaser is aware that due to the
skirting and variation in plaster, the carpet area varies. The variation may be
approximately Three percent. The Purchaser consents for the same and is aware
that the consideration being lump sum will not change at any event. The nature,
extent and description of the common areas and facilities are more specifically
described hereunder in schedule III and The Promoters/Developers and Builders
has agreed to provide specifications in the said flat which are more particularly
described hereunder in schedule IV.

The Purchaser/s shall bear the expenses of the following:-
i) The legal, consultant’s fee, typing and incidental expenses of this

Article of Agreement. And Stamp duty, Registration Fees
expenses, And G.S.T. Tax [if applicable]) and any other Taxes
levied by the Central Government / State Government / Local
Authority from time to time.
ii) The charges and expenses for formation of Association of

Apartment’s Owners / Co-operative Society or Limited Company
Charges.
iii) The share money, application entrance fee of the Association of

Apartment’s Owners / Co-operative Society or Limited Company /
Federation/Apex body.
iv) The Proportionate share of Taxes and other charges/levies in

respect of the Association of Apartment’s Owners / Co-operative
Society or Limited Company / Federation / Apex body.
v) To amount towards provisional monthly contribution towards

outgoings of Association of Apartment’s Owners / Co-operative
Society or Limited Company / Federation / Apex body.
vi) The MSECDL Meter Deposit, Transformer charges, Electrical

Receiving and Sub Station provided in Layout, Common Meter
Installation Charges, Water Charges, and other utility and
services connection charges (if any).
vii) Other Transfer Charges (if any).
And furthermore the Purchaser/s shall pay before delivery of possession

of the said Flat an additional amount for amenities to The Promoters/Developers
and Builders which is agreed mutually as legal charges, share money
application, entrance fees for formation of Association of Apartment’s Owners /
Co-operative Society or Limited Company, Common Electric Meter, Individual
Electric Meter (with SLC Charges), Common Pump Set, Compound Wall, Proper
Internal Roads, remaining area with rough farshi/ Checkered tiles or concrete
inside the compound wall, common parking and common terrace etc. if any…
After clearing the total cost and extra charges of the Flat the Purchaser/s
shall take possession Letter from the Builder otherwise possession shall not be
handed to the Purchaser/s. And the Purchaser/s has given his /her /their/ its
acquiescence for the same.
6) CARPET AREA OF THE FLAT/UNIT :-
That The Promoters/Developers and Builders shall confirm the final

carpet area that has been Sold/Assigned/Allotted to the Purchaser/s after the
construction of the Building is complete and the occupancy certificate is granted
by the competent authority, by furnishing details of the changes, if any, in the
carpet area, subject to a variation cap of three percent. The total price payable
for the carpet area shall be recalculated upon confirmation by The
Promoters/Developers and Builders. If there is any reduction in the carpet area
within the defined limit then The Promoters/Developers and Builders shall
refund the excess money paid by Purchaser/s within forty-five days with annual
interest at the rate specified in the Rules, from the date when such an excess
amount was paid by the Purchaser/s. If there is any increase in the carpet area

Sold/Assigned/Allotted to Purchaser/s, The Promoters/Developers and Builders
shall demand additional amount from the Purchaser/s as per the next milestone
of the Payment Plan. All these monetary adjustments shall be made at the same
rate per Sq. Mtrs., and/or Sq. Fts., as agreed in said Clause of this Article of
Agreement.
7) PAYMENT INSTALLMENTS :-
The Purchaser has agreed to pay the total consideration of Rs.

43,20,520/- (Rupees Forty Three Lakhs Twenty Thousand Five Hundred
And Twenty Only.) to The Promoters/Developers and Builders against the said
Flat. And out of the total consideration amount the purchaser has paid earnest
money to The Promoters/Developers and Builders at the time of this Article of
Agreement in the following manner :-
Rs. 1,000/- Rupees One Thousand Only paid by Reference No.

330612738583 dated 02/11/2023 drawn on State Bank Of
India, Khamgaon Branch.
Rs. 89,520/- Rupees Eighty Nine Thousand Five Hundred And Twenty
Only paid by Reference No. 330615841112 dated
02/11/2023 drawn on State Bank Of India, Khamgaon
Branch.
==============
RUPEES NINETY THOUSAND FIVE HUNDRED AND
Rs. 90,520/-
TWENTY ONLY.
==============
That The Promoters/Developers and Builders doth herby admit and

acknowledge of the earnest money from the Purchaser and the Purchaser has
agreed and assured that he/she/they/its shall pay the balance consideration
amount of Rs. 42,30,000/- in following manner :-
PAYABLE
SR.
PARTICULARS AMOUNT
NO.
IN %
1 Booking Amount or Earnest money at the time of Booking. 10 %
2 At the time of Execution of Agreement. 20 %
3 On Completion of the Plinth Level. 15 %
4 On Completion of Second Slab. 04 %
5 On Completion of Fourth Slab. 04 %
6 On Completion of Sixth Slab. 04 %
7 On Completion of Eight Slab. 04 %
8 On Completion of Tenth Slab. 03 %
9 On Completion of Twelfth Slab. 03 %
10 On Completion of Fourteenth Slab. 03 %
11 On Completion of the Walls & Internal Plaster. 13 %
On Completion of the Flooring, Electrical Fittings, Plumbing
12 12 %
and External Plaster.
At the time of handing over of the Possession of the said
13 Flat and/or after receipt of Occupancy Certificate or 05 %
Completion Certificate, Whichever is earlier.
Total amount in % 100 %
It is made clear and agreed by and between the parties hereto that The
Promoters/Developers and Builders shall not be bound to follow, chronological
order of any of the stages of the above said stages/installments and that The
Promoters/Developers and Builders shall be at complete liberty to choose the

chronology of the respective stages of the construction. The Purchaser/s agrees
that The Promoters/Developers and Builders may merge or consolidate two or
more installments in their discretion by simultaneously executing the
contemplated work in the said installment. However The Promoters/Developers
and Builders shall be obliged to demand the above mentioned
stages/installments from the Purchaser/s subject to the provisions incorporated
in The Real Estate (Regulation & Development) Act, 2016.
That it is also agreed by the Purchaser/s that The Promoters/Developers

and Builders shall not personally give timely information about the progress of
the said Flat/Scheme/Building. And that it is the outmost responsibility of the
Purchaser/s to inquire and to be in touch with The Promoters/Developers and
Builders regarding the progress of the said Flat/Scheme/Building and the
Purchaser/s agrees for the same.
The Purchaser/s shall be liable to pay additional contribution in case

any additional facility is offered or given by The Promoters/Developers and
Builders for the Flat or complex as per demand of the Flat Purchaser/s.
The consideration of the said flat is also arrived on the assurance of the
Purchaser/s to abide by the above payment schedule only and it will not be
altered by the Purchaser/s. The Purchaser/s shall make all the payments to The
Promoters/Developers and Builders by Demand Draft/Pay orders/local cheques
payable at Pune only. If the Purchaser/s makes the payment by outstation
cheques then the date of payment shall be treated as and when the same is
credited to the account of The Promoters/Developers and Builders and to the
extent the said amount is credited by deducting the commission of the Bank.
Payment of any installments if made in advance shall be adjusted to the
installments as mentioned herein above. No interest shall be paid by The
Promoters/Developers and Builders for such advance payments made by the
Purchaser/s or Housing Finance Companies/Banks, etc.
It is hereby agreed that the time for payment as specified above is the
essence of this Article of Agreement and on failure of the Purchaser/s to pay the
same on due dates, it shall be deemed that the Purchaser/s has committed
breach of this Article of Agreement and The Promoters/Developers and Builders
shall be entitled to take such action as they are entitled to take in case of
breach/default of this Article of Agreement, including termination of this Article
of Agreement.
Without prejudice to the right of The Promoters/Developers and Builders

to take action for breach arising out of delay in payment of the installments on
the due date, the Purchaser/s shall be bound and liable to pay interest as per
State Bank of India highest marginal Cost of Lending Rate Plus 2 % per annum
with monthly rests on all amounts which become due and payable by the
Purchaser/s to The Promoters/Developers and Builders till the date of actual
payment. Provided that tender of the principal amounts and interest or tender of
the interest and expenses on delay thereof shall not itself be considered as
waiver of the right of The Promoters/Developers and Builders under this Article
of Agreement, nor shall be construed as condonation by The Promoters and
Developers/Builders on such delay. The amount of interest shall be calculated
after completion of the said Flat and the Purchaser/s has agreed to pay the
same before possession of the said Flat.
8) ACCOUNT DETAILS OF PROMOTERS / DEVELOPERS AND

BUILDERS :-
That all the payment of consideration and other Government Taxes shall
be paid by Purchaser/s in the name of Promoters/Developers and Builders i.e.

“DIAMOND NEXUS PROPERTIES COLLECTION ACCOUNT”. That the
Promoters/Developers and Builders is having Current Account No.
10127855256 in IDFC First Bank LTD , Nigdi, Pune Branch having IFSC Code
No. IDFB0041371 having Bank MICR Code No. 411751017. That the
Purchaser/s is required to make all the consideration payments in that
particular account only. That if any of the payable amount of the Purchaser/s is
not credited in particular account of the Promoters/Developers and Builders
then in that case such payments on part of the Purchaser/s shall not be
considered by the Promoters/Developers and Builders and the Purchaser/s
shall have no right to dispute against the Promoters/Developers and Builders
regarding the same.
9) TAXES AND OTHER LEVIES :-
That it is further agreed upon and explained by The

Promoters/Developers and Builders to the Purchaser/s that, G.S.T Act has been
enforced and made applicable by the concerned Government Authority w.e.f. 1st
July 2017 and the same shall be applicable on present transaction and as per
the ongoing Government policies. That the parties agreed that the liability and
responsibility to pay such G.S.T. Tax penalties and interest thereon etc., (levied
by the concerned Government Authority and/or Central Government / State
Government / Local Authority from time to time) shall solely be on the
Purchaser/s only. The Promoters/Developers and Builders shall not be liable
and / or responsible for payment thereof. In the event, however if The
Promoters/Developers and Builders is constrained to pay any such amount, the
Purchaser/s shall be liable to reimburse the same to The Promoters/Developers
and Builders together with penalty (if any) and interest from the date of payment
by The Promoters/Developers and Builders. It is agreed that The
Promoters/Developers and Builders shall have the right to claim such amount
along with other claims of compensation/ losses/ burden undergone /
undertaken by him. It is further agreed that there shall always be a charge / lien
on the said Flat/Unit in favour of The Promoters/Developers and Builders
against the amount payable by the Purchaser/s to The Promoters/Developers
and Builders towards the G.S.T. Tax and/or any other tax, duty, charge,
premium, levies, cess, surcharge, penalties etc. relating to this transaction.
If at any time, after execution of this Article of Agreement the Central

Government / State Government / Local authority / Revenue Authority / any
other authority / any court /Judicial authority / quasi judicial authority by way
of any Statute / rule / regulation /notification / order / judgment /executive
power etc. levies any tax /duty / charges /premium / levies / cess / surcharge
/ demands / welfare fund or any fund /betterment tax/ sales tax / transfer tax
/ turnover tax / works contract tax / G.S.T. Tax/ penalties etcetera and put in
force or shall be in force prospectively or retrospectively, in respect of the said
Flat or the construction for execution of the said Article of Agreement or other
document registered or the transaction herein, shall exclusively be borne and
paid (and if the same is paid by The Promoters/Developers and Builders then
reimbursed) by the Purchaser/s. The Purchaser/s hereby indemnifies The
Promoters/Developers and Builders from all such levies, cost and consequences.
10) TERMINATION OF AGREEMENT :-
On the Purchaser/s committing three defaults in payment on the due

dates, of any of the installments or any other amounts due and payable of the
Purchaser/s committing breach of any terms and conditions of this Article of
Agreement, The Promoters/Developers and Builders shall in its sole discretion
be entitled to terminate this Article of Agreement.

Provided that, The Promoters/Developers and Builders shall give notice
of fifteen days in writing to the Purchaser/s, by Registered Post AD at the
address provided by the Purchaser/s and mail at the e-mail address provided by
the Purchaser/s, of his/her/their/its intention to terminate this Article of
Agreement and of the specific breach or breaches of terms and conditions in
respect of which it is intended to terminate the Article of Agreement. If the
Purchaser/s fails to rectify the breach or breaches mentioned by The
Promoters/Developers and Builders within the period of notice then at the end
of such notice period, The Promoters/Developers and Builders shall be entitled
to terminate this Article of Agreement.
That after the termination of the Article of Agreement on the terms above
mentioned, The Promoters/Developers and Builders shall refund the balance, if
any, to the Purchaser/s the installments of the consideration which the
Purchaser/s might have till then paid to The Promoters/Developers and
Builders, but without any interest and only after deducting ten percent of the
total agreed consideration and/or adjustment and recovery of any liquidated
damages or any other amount which may be payable to The Promoters /
Developers and Builders towards administration and other expenses etc.
That after the termination of the Article of Agreement on the terms above
mentioned the right of the Purchaser/s shall stand extinguished and no
separate cancellation deed, its execution and registration will be required and
the Purchaser/s has/have given his/her/their/its absolute acquiescence by way
execution of this present “Article of Agreement” and the Purchaser/s shall not be
entitled to raise any objection or grievance about the same.
The Purchaser/s is also made aware that depending upon various

promises and assurances given by the Purchaser/s, The Promoters/Developers
and Builders has incurred and shall incur the expenditure and will make
commitments to the third parties. In event of cancellation of the Article of
Agreement by the Purchaser/s for any reason whatsoever, The
Promoters/Developers and Builders in addition and without prejudice to other
remedies and rights and towards reimbursements and damages, shall suffer
great loss and hardship and work may be affected. Therefore in the event of this
Article of Agreement being cancelled by the Purchaser/s for any reason
whatsoever, The Promoters/Developers and Builders shall be entitled to retain,
withhold and forfeit a minimum amount of ten percent of the total agreed
consideration and/or adjustment and recovery of any liquidated damages or any
other amount which may be payable to The Promoters / Developers and
Builders towards administration and other expenses etc.,
11) COVENANT TO SALE :-
The said Flat is agreed to be sold, subject to :-
a) Any scheme or reservation affecting the said land or any part or

parts thereof made or to be made by any Authority concerned
including the terms, stipulations and conditions contained in the
Article of Agreement relating to the said land.
b) Its present use as residential and /or other permissible uses.
c) Any relevant and necessary covenants as may be stipulated by The

Promoters/Developers and Builders for the more beneficial and
optimum use and enjoyment of the said land (i.e. the said land
together with the building thereon) in general and for the benefit of
any or any part thereof including the absolute use and utilization as
herein stated as to construct and sale for the benefit of any

enhanced FSI / FAR or to absorb, consume the TDR rights acquired
on any portion/s of the said land.
d) That The Promoters/Developers and Builders have developed the

said land as per their convenience and have constructed the
Buildings of this development project. That The Promoters /
Developers and Builders have reserved their right to develop and
construct the residual open/vacant land property in the future and
the Purchaser has no objection of any kind for the same.
e) All rights of water, drainage, water course, light and other easements
and/or quasi easements and rights of adjoining land Owner/s (if
any) affecting the same and to any liability to repair or contribute to
the repair of roads, pathways, passages, sewers, drains, gutters,
fences and other like matters. The Promoters/Developers and
Builders shall not be required to show the creation of or define or
apportion any burden, hereof.
f) All the terms and conditions ensuring the benefit of the said
person/s as contained in the Article of Agreement made between
them and / or The Promoters/Developers and Builders, that is the
said Order/s passed under the Ceiling Act, Order of layout and / or
sub-division relating to the said land, Order of conversion, any other
orders relating to the said land and all terms and conditions
stipulated by The Promoters/Developers and Builders in respect of
the common areas and facilities and amenities to be provided for the
benefits of the said land.
g) For the aforesaid purpose and for all purposes of and incidental
thereto, and /or for the more beneficial and optimum use and
enjoyment of the various portions of the said land and/or any part/s
thereof; The Promoters/Developers and Builders shall in such
manner as may be desired by The Promoters/Developers and
Builders, shall be entitled to grant upon or in respects of any
portion/s of the said land, all rights, benefits, privileges, easements
etc. including right of way, right to draw from or connect to all
drains, sewers, water electricity, telephone connections and/or
installations and other services in the said land and/or any part/s
thereof right of use and enjoyment of all amenities and facilities
provided and/or agreed to be provided in the said land and/or any
part/s thereof for the more beneficial and optimum use and
enjoyment of the same in such manner as may be desired by The
Promoters/Developers and Builders. However the maintenance and
upkeep costs of such shall be apportioned to the interested parties
and the parties enjoying the benefits of such privileges and
easements.
h) It being made expressly clear that the Association of Apartment’s

Owners / Co-operative Society or Limited Company in respect of the
said land and/or any part/s thereof with building/s thereon shall
contain such provisions which shall be accordingly framed and the
burden thereof shall run with the land and shall be binding upon all
the persons who are the holders of their respective Flats/Units
comprised in the said land as The Promoters/Developers and
Builders may reasonably require for giving effect to and/or enforcing
the said restrictions, covenants and stipulations.
i) It is hereby recorded that the consideration factor arrived at between

the parties hereto under these presents is suitably priced keeping

into consideration the rights and obligations reserved and vested
unto each and therefore the Purchaser/s shall have no right or
remedy to defer or deny any obligation or by reduction in the
consideration hereunder for any reasons whatsoever.
j) The Purchaser/s shall not do or permit to be done any act or thing

that may render void or voidable any insurance of the said
land/wing’s/building’s or any part thereof, whereby any increased
premium shall become payable or levied in respect of the insurance
and if done it shall be the Purchaser/s sole responsibility to correct
such act or thing and shall solely be liable to pay such losses,
damages etc.
k) Any natural calamity or manmade occurrences which could not have

been envisaged while designing the building for which the building is
not designed, any act that is detrimental to the building as a whole.
l) The Promoters/Developers and Builders shall have a first charge

and/lien on the said Flat in respect of any amount payable by the
Purchaser/s under the terms and conditions of this Article of
Agreement.
m) Provided that The Promoters/Developers and Builders does not in

any way affect or prejudice the right/s hereby granted in favour of
the Purchaser/s in respect of the said Flat, The
Promoters/Developers and Builders shall be at liberty to sell, assign
or otherwise deal with or dispose off their right, title and interest in
the said entire land or under this Article of Agreement or in the said
Land/Wing’s/Building’s.
n) It is hereby made clear that the furniture layout, colour scheme,

specifications, area, amenities and facilities, elevation treatment,
trees, garden, lawns, recreational activity etc., shown in the
pamphlets, brochures, literature, films, hoardings, websites, and
other promotional media are shown only for the sake of
advertisement and the same are not binding on The
Promoters/Developers and Builders to provide unless specifically
mentioned and agreed in this Article of Agreement and subject to his
right/s and discretion to make changes in the same.
o) The Promoters/Developers and Builders shall be entitled to allot by

way of lease or license any portion of the said land to any
Government / Semi Government / Local authority / MSECDL. or to
any private party or parties etc. for operational services such as
electricity, water, drainage, roads, access, telephone, dish antenna,
cable T.V. etc. The Purchaser/s shall not be entitled to raise any
objection or grievance about the same.
p) The Promoters/Developers and Builders has not undertaken any

responsibility nor has agreed anything with the Purchaser/s orally
or otherwise and there is no implied Article of Agreement or covenant
on the part of The Promoters/Developers and Builders other than
the terms and conditions expressly provided under this Article of
Agreement.
12) DETAILS OF THE CURRENT SANCTIONED PROJECT AND FUTURE

POTENTIAL CONSTRUCTIONS :-

That as per the Commencement Certificate obtained by the The
Promoters/Developers and Builders the following Wing/Building have been
currently sanctioned by the Concerned Government Authority.
SANCTIONED NO. OF FUTURE POTENTIAL OF

WING/BUILDING. FLATS/UNITS/ FLATS/UNITS/
OFFICE/SHOP. OFFICE/SHOP.
85 – Flat’s & 5 – Shop’s Obtaining Completion
“A” Building
& 2 Commercial Hall/Unit, Certificate.
Obtaining Completion
“B” Building 86 Flat’s
Certificate.
“C” Building 109 Flat’s -
“D” Building 118 Flat’s -
“E” Building 118 Flat’s -
“MHADA” or “F” Obtaining Completion
35 Flat’s
Building Certificate.
That as mentioned above there is possibility of getting additional F.S.I. in

the future in the form of either paid F.S.I., Premium F.S.I, Amenity handover
F.S.I., T.D.R. and/or due to amalgamation of the adjoining land. Whenever this
additional paid F.S.I., Premium F.S.I, Amenity handover F.S.I., T.D.R. is
sanctioned by the Local Government Authority and/or Concerned Government
Authority to be used in the Project, The Promoters/Developers and Builders
shall apply for revision of Plans and the proposed full potential layout may
contain buildings of the above mentioned configuration.
That as per the sanctioned plans by the Concerned Government

Authority The Promoters/Developers and Builders have provided the area
admeasuring about 1071.93 Sq. Mtrs., for the “Amenities and Facilities ” and/or
“Recreational Activity Center” and/or “Garden” and/or “Lawns” and/or “Play
area” (if any provided by the Promoters/Developers and Builders for the said
project).
That The Promoters/Developers and Builders hereby declares that the

Floor Space Index available as on date in respect of the project land is 32776.03
Sq. Mtrs., only and The Promoters/Developers and Builders has planned to
utilize Floor Space Index of 00.00 Sq. Mtrs., by availing of T.D.R. or F.S.I.
available on payment of premiums or F.S.I. available as incentive F.S.I. by
implementing various scheme as mentioned in the Development Control
Regulation or based on expectation of increased F.S.I. which may be available in
future on modification to Development Control Regulations, which are applicable
to the said Project. The Promoters/Developers and Builders has disclosed the
Floor Space Index of 32776.03 Sq. Mtrs., as proposed to be utilized by its on the
project land in the said Project and Purchaser/s has agreed to purchase the said
Flat/Unit based on the proposed construction and sale of Flats/Units to be
carried out by The Promoters/Developers and Builders by utilizing the proposed
F.S.I. and on the understanding that the declared proposed F.S.I. shall belong to
The Promoters/Developers and Builders only.
13) ACQUIESCENCE OF THE PURCHASER/S :-
a) The Promoters/Developers and Builders have evolved an ownership

scheme and shall carry out “Phase” wise construction in the said
scheme and/or the neighboring land Property/Properties which has
been purchased by The Promoters/Developers and Builders or which
is intended to be purchased in the future. That The
Promoters/Developers and Builders have reserved their right to
allocate the space for “Amenities and Facilities” and/or “Recreational
Activity Center” and/or “Garden” and/or “Lawns” and/or “Play area”

(if any provided by the Promoters/Developers and Builders for the
said project) to any Phase or all the Phases to be constructed by the
Promoters/Developers and Builders. That the said allocation shall
depend on the discretion of the Promoters/Developers and Builders
and the Purchaser/s shall not be entitled to raise any objection or
grievance about the same.
b) The Promoters/Developers and Builders have evolved an ownership

scheme and shall carry out “Wing/Building” wise construction in the
said scheme. That the Promoters/Developers and Builders have
reserved their right to carry out the construction out of their own
will on residual area in the said Property/Properties. That the
Promoters/Developers and Builders have reserved their right to
allocate the space for “Amenities and Facilities” and/or “Recreational
Activity Center” and/or “Garden” and/or “Lawns” and/or “Play area”
(if any provided by the Promoters/Developers and Builders for the
said project) to any “Wing/Building” or all the “Wing/Building” to be
constructed by the Promoters/Developers and Builders. That the
said allocation shall depend on the discretion of the
Promoters/Developers and Builders and the Purchaser/s shall not
be entitled to raise any objection or grievance about the same.
c) That the admeasuring area of plot is about 11300 Sq. Mtrs., and The
Promoters/Developers and Builders shall construct “A”, “B”, “C”,
“D”, “E” and “MHADA or F” Wing/Building thereon. That the area
admeasuring about 1071.93 Sq. Mtrs., is reserved for the “Amenities
and Facilities” and/or “Recreational Activity Center” and/or
“Garden” and/or “Lawns” and/or “Play area” (if any provided by the
Promoters/Developers and Builders for the said project). That The
Promoters/Developers and Builders has constructed “A”
Wing/Building on the said Plot and has registered the “A”
Wing/Building under “The Real Estate (Regulation & Development)
Act, 2016” under the name and style of “NIRVANA BEYOND A WING”
under the Rera Registration No. P52100015425. That The
Promoters/Developers and Builders has constructed “B”
Wing/Building on the said Plot and has registered the “B”
Act, 2016” under the name and style of “NIRVANA BEYOND B
WING” under the Rera Registration No. P52100019054. That The
Promoters/Developers and Builders has constructed “C”, “D”
Wing/Building on the said Plot and has registered the “C”, “D”
Act, 2016” under the name and style of “NIRVANA BEYOND WING C
AND D” under the Rera Registration No. P52100027051. That The
Promoters/Developers and Builders has constructed “MHADA or F”
Wing/Building on the said Plot and has registered the “MHADA or F”
Act, 2016” under the name and style of “NIRVANA BEYOND F WING”
under the Rera Registration No. P52100023592 and the above
mentioned said Wing/Building i.e. “A”, “B”, “C”, “D”, “MHADA or F”
is under construction and/or fully constructed. That The
Promoters/Developers and Builders shall construct “E”
Wing/Building in the future and shall thereafter get the “E”
Wing/Building registered under the “The Real Estate (Regulation &
Development) Act, 2016” and the Purchaser/s shall not be entitled
to raise any objection or grievance about the same.
d) That The Promoters/Developers & Builders have constructed the

said Project/Ownership Scheme/Building/s as per the rule of

Development Control Rules of Concerned Government Authority
and/or The Town Planning Department of Pimpri Chinchwad
Municipal Corporation. That as per the new rule i.e. Unified
Development Control and Promotional Regulation under GR No.
TPS-1818/File No.236/18/Rule 20(3)/Navi-13 dated 02/12/2020
there are some changes in the sanctioned plan. That The
Promoters/Developers & Builders shall have the right to make
necessary changes and update the said Project/Ownership
Scheme/Building/s as per new applicable rule i.e. Unified
Development Control and Promotional Regulation and/or
Development Control Rules and/or The Town Planning Department
of Pimpri Chinchwad Municipal Corporation and the Purchaser/s
shall not be entitled to raise any objection or grievance about the
same.
e) That The Promoters/Developers and Builders as per their own

choice and will and wish shall register the said project under “The
Real Estate (Regulation & Development) Act, 2016” as single “Wing”
and/or “Group of Wings” and/or as per the sanctioned “Wing” by the
local Authority and Purchaser/s shall not be entitled to raise any
objection or grievance about the same.
f) That The Promoters/Developers and Builders shall disclose the

“Floor Space Index” and/or Additional F.S.I., Paid F.S.I., Premium
F.S.I., Amenity handover F.S.I.,/T.D.R. as per the respective
sanctioned “Wing” and/or “Group of Wings” by the local Authority
which is registered under “The Real Estate (Regulation &
Development) Act, 2016” and Purchaser/s shall not be entitled to
raise any objection or grievance about the same.
g) That at the time of booking of the said Flat/Unit The

Promoters/Developers and Builders had discussed and informed the
Purchaser/s about the number of Wing/Buildings and Flat/ Units/
Shops/ Office/ Godown/ Parking Space and Recreational Activity
Center/ and/or “Garden” and/or “Lawns” and/or “Play area” (if any
provided by the Promoters/Developers and Builders for the said
project) in the entire project constructed on the land
Property/Properties. That the Purchaser/s has good knowledge of
the entire project and the proposed construction thereon.
14) ENTIRE AGREEMENT AND RIGHT TO AMEND :-
This Article of Agreement, along with its Schedules, constitutes the entire
Article of Agreement between the Parties with respect to the subject matter
hereof and supersedes any and all understandings, any other Agreement/s,
Allotment Letter, Correspondences, Arrangements whether written or oral, if any
between the Parties in regard to the said Flat/Unit. This Article of Agreement
may only be amended through written consent of the Parties.
15) RESTRICTIONS ON PURCHASER/S :-
The Promoters/Developers and Builders has informed the Purchaser/s

and the Purchaser/s is aware that the Purchase of the said Flat/Unit shall be
subject to all the following conditions:-
a) The access to the individual flat shall be as per the sanctioned plan
and/or revised plan from time to time.

b) Construction of a loft and other civil changes done internally shall be
at the risk and cost of the Purchaser/s who shall not damage the
basic R.C.C. structure.
c) The Construction of chimneys, hanging telephone and telex wires,

electric connection, fax, teleprinter, computer devices which require
external wiring cables, lines, dish antennas will not be permitted
except in the form prescribed by The Promoters/Developers and
Builders and his/her/its Architect in writing.
d) The installation of any grills or any doors shall only be as per the
form prescribed and The Promoters/Developers and Builders
Architect.
e) The residential flat shall be solely utilized for the purpose of

residence only and no commercial activity of any kind would be
permitted therein.
f) The car parking area shall not be covered / enclosed under any
circumstances.
g) The Purchaser/s shall not join two adjacent flats and shall not
demolish or cause to be demolished and is denied at any time to
make any addition or alteration of whatsoever nature in or to the
structure or construction of the said flat.
h) The flat Purchaser/s shall not demand any change in the existing
plans.
i) In the event of The Promoters/Developers and Builders carrying out

any work of additions and/or alterations as per instructions of the
Flat Purchaser/s to keep The Promoters/Developers and Builders
harmless and indemnified from all or any actions if taken by any
person or authority or incidentals thereof. The
Promoters/Developers and Builders shall not be bound to obtain
completion/occupation certificate as per such additions or
alterations which work shall be done by the Flat Purchaser/s at
his/her/their/its own costs and risk.
j) All phase wise construction has been made and executed for the
convenience of The Promoters/Developers and Builders. No separate
fencing and/or gate will be allowed for separating any particular
phase or building for whatsoever reason. All Purchaser/s s in all
phase/s and building/s shall have free access to all other phases
and building/s i.e. entire project.
16) USE OF FSI/TDR/FAR :-
It is hereby declared that all sanctioned plan/s has/have been shown to

the Purchaser/s and the floor space index (FSI) available is shown in the said
plan/s. The Promoters/Developers and Builders shall be entitled to use the
present unutilized and/or additional built up area /FSI/TDR/land potential in
respect of the said land in any other land by floating FSI and/or in the same
land as and when the same is permitted either by way of construction of new
buildings or extension of the buildings which are presently permitted. Likewise
The Promoters/Developers and Builders shall also be entitled to use FSI
pertaining to other land/s in this land as and when permitted by authority. In
this Article of Agreement, the word FSI or Floor Area Ratio as stated here in
shall have the same meaning as understood by the Planning Authority under its

relevant Building Regulations or Bye-laws. The residual F.A.R. (FSI), if any, not
sanctioned at the time of commencement certificate issued in relation to the said
land shall be available to The Promoters/Developers and Builders before or after
conveyance to an Association of Apartment’s Owners / Co-operative Society or
Limited Company of the said land and also by virtue of amendment/s of D.C.
rules and / or F.S.I. made available by way of floating F.S.I. or by way of
transferable development rights (TDR) of any other land may be utilized by The
Promoters/Developers and Builders in the said land as they may decide. The
Purchaser/s has agreed and allowed The Promoters/Developers and Builders,
who shall be entitled to revise the plans, get them sanctioned from concerned
Government Authority, construct the additional units, buildings permitted by
Corporation and to allot/sell them to various persons. The Purchaser/s shall
have no objection for the said new Purchaser/s or Allottee/s to be admitted as
members of the Association. The Association shall get the new transferees
admitted as its members. Notwithstanding anything contained in this Article of
Agreement The Promoters / Developers and Builders shall be entitled to utilize
any balance and/or additional FSI and/or TDR/land potential as stated herein
above on any open area and/or on terraces above the building/s either prior to
or after completion of building/s and even after conveyance of the said land. The
Promoters/Developers and Builders shall also be entitled to transfer or assign
the said right/s to any other Person’s/Firm. The said land and/or building/s
shall be conveyed subject to such right, always being with The
Promoters/Developers and Builders or his/its assigns.
It is also understood and agreed by and between the parties hereto that
The Promoters/Developers and Builders or his/its assignees shall have right to
construct Flats/Units on the top terrace against FSI of road widening area, FSI
of internal roads, TDR or any other FSI.
In case the land or any portion of the said land is acquired by any
authority before execution of the conveyance, then The Promoters/Developers
and Builders alone shall be entitled to take compensation for the same or get
F.S.I. /T.D.R. in lieu of compensation.
17) RIGHT OF CONSTRUCTION LOAN :-
It is hereby expressly agreed between the parties hereto that The

Promoters/Developers and Builders shall be entitled to borrow construction
loan, at his/its own cost and risk, from any person or party including any
banking/financial institutions and for that purpose to mortgage the said
land/building/s and/or the entire construction work put up or to be put up
thereon or any part thereof and such charge shall be cleared by The
Promoters/Developers and Builders before conveyance to the Purchaser/s.
After The Promoters/Developers and Builders executes this Article of

Agreement he/she/they/its shall not mortgage or create a charge on the said
Flat and if any such mortgage or charge is made or created then
notwithstanding anything contained in any other law for the time being in force,
such mortgage or charge shall not affect the right and interest of the
Purchaser/s who has taken or agreed to take such Flat.
18) SPECIFICATIONS :-
The specifications of the Flat and the fixtures, fittings and the amenities
to be provided by The Promoters/Developers and Builders to the said Flat or to
the said Wing’s/Building’s are described in the Annexure “IV” annexed hereto,
and the Purchaser/s shall not be entitled to any extras. The Purchaser/s also
agrees not to make any demand to change the plans annexed herewith.
However, the same may be changed suitably by The Promoters/Developers and

Builders depending on the availability of Wing’s/Building’s materials and/or
changes in Government policies or laws or rules for which changes the Unit
Purchaser/s shall deemed to have given his/her/their/its acquiescence. If the
Purchaser/s wants any change in the amenities of the Flat, the said change can
be effected by The Promoters/Developers and Builders if it is in accordance with
the rules and regulations of the sanctioning authority and the same is suitable
and convenient to be carried out by The Promoters/Developers and Builders.
The Promoters/Developers and Builders shall not refund any amount for
deleting any items of specifications and/or amenities on request of the
Purchaser/s.
19) DEFINITION OF POSSESSION :-
Possession to the Purchaser/s means that the unit is complete in all

respects as certified by the Architect of The Promoters/Developers and Builders.
The certificate of the Architect authenticating the readiness of the unit for
Possession will be treated as final. The construction activities of “Amenities and
Facilities”, “Recreational Activity Center”, “Garden”, “Lawns”, “Play area”
“Common Amenities”, “Club House”, “Gymnasium” (if any provided by the
Promoters/Developers and Builders for the said project) and other
Wings/Buildings will be in progress at the time of Possession. The Completion
Certificate, water connection from Pimpri Chinchwad Municipal Corporation,
M.S.E.C.D.L. meter may not be available. However The Promoters/Developers
and Builders shall make necessary arrangements for Water and Electricity. The
Promoters/Developers and Builders have agreed to hand over the possession of
the said Flat as defined hereinabove on or before 31/12/2024.
That the Possession of the “Amenities and Facilities”, “Recreational

Activity Center”, “Garden”, “Lawns”, “Play area” “Common Amenities”, “Club
House”, “Gymnasium” (if any provided by the Promoters/Developers and Builders
for the said project) shall be handed over by The Promoters/Developers and
Builders after the completion of the entire project including all Wings/Buildings.
That The Promoters/Developers and Builders shall handover the possession of
the above mentioned Amenities after completion of the entire project including
all Wings/Buildings and/or on or before 31/12/2024 whichever is earlier.
20) DELAY IN POSSESSION :-
Provided that The Promoters/Developers and Builders shall be entitled to

reasonable extension of time for giving delivery of Flat on the aforesaid date, if
the completion of the building/s is delayed on account of:-
i) War, Civil Commotion or act of God.
ii) Any notice, order, rule, notification of the Government and / or

other public or Competent Authority/Court.
21) COMPENSATION IN CASE OF DELAY IN POSSESSION :-
In case The Promoters/Developers and Builders fails or neglects to

handover the Possession within the time specified in above clause then The
Promoters/Developers and Builders agrees to pay compensation to the
Purchaser/s of Rs. 5,000/- (Rupees Five Thousand Only) per month for 1 BHK
Flat/Unit and Rs. 7,000/- (Rupees Seven Thousand Only) per month for 2 BHK
Flat/Unit for the delayed period subject to the Purchaser/s fulfilling all the
obligations of this Article of Agreement by making all the payments on time
whenever was demanded by The Promoters/Developers and Builders. Such
compensation shall be payable by The Promoters/Developers and Builders
subject to all the payments made by the Purchaser/s within 10 days from the

date of the demand letter sent to the Purchaser/s as per the payment schedule
mentioned hereinabove. Also the Purchaser/s shall sign and deliver all the
necessary Bonds, Undertakings, Affidavits, Receipts etc., in respect to any such
present and future payments, dues, fees, etc within 10 days from the demand
made by The Promoters/Developers and Builders. Such compensation, if
applicable, will be paid by The Promoters/Developers and Builders for the period
starting after the 31/12/2024 till intimation to the Purchaser/s is given by The
Promoters/Developers and Builders about the readiness of the Flat/Unit.
22) EXECUTION OF DOCUMENTS BY THE PURCHASER/S :-
At the time of delivery of possession of the said Flat, the Purchaser/s

shall execute such other documents such as Possession Receipt, Indemnity
Bond, Declaration, Undertaking etc., as might be required by The
Promoters/Developers and Builders. That such Indemnity Bond, Declaration,
Undertaking etc., shall mandatorily be executed by the Purchaser/s before
accepting the Possession of the said Flat Unit and in absence of such executions
of Indemnity Bond, Declaration, Undertaking etc., The Promoters/Developers
and Builders shall have the right to withhold the Possession of the said Flat
Unit.
23) FAILURE TO TAKE POSSESSION :-
The Purchaser/s shall take the Possession of the said Flat/Unit within 7
working days from the receipt of written intimation to the Flat/Unit Purchaser/s
by The Promoters/Developers and Builders that the said Flat/Unit is ready for
use and occupation provided, However that the Purchaser/s has observed and
complied with the all the terms and conditions of this Article of Agreement and
paid the amount of consideration and other dues as mentioned herein. That in
case the Purchaser/s fails to take Possession of the said Flat/Unit within the
stipulated time by The Promoters/Developers and Builders then in that case the
Purchaser/s shall be liable to pay the maintenance charges as applicable.
24) OBSERVATION OF CONDITIONS IMPOSED BY LOCAL AUTHORITY :-
It is hereby agreed that subject to the terms of this Article of Agreement,

the Purchaser/s shall observe and perform and comply with all terms and
conditions, stipulations, restrictions, if any, which have been or which may be
imposed by the local authority, State and/or Central government including
Environment Department etc., at the time of sanctioning of the plans or at the
time of granting completion certificate. The Purchaser/s shall not be entitled to
claim possession of the said Flat until the completion certificate in respect of the
said Flat is received from the concerned Government Authority and the
Purchaser/s pays all dues, advances, deposits, charges, taxes, etc., payable
under this Article of Agreement in respect of the said Flat to The
Promoters/Developers and Builders and has signed the requisite documents i.e.
Possession Receipt, Indemnity Bond, Declaration, Undertaking etc., After receipt
of the completion certificate from concerned Government Authority The
Promoters/Developers and Builders shall be absolved from or any liability in
case any addition and/or alteration to the Flat/building by the Purchaser/s, any
damage to the building by accident, any tampering with the geometrical sections
of the building, lack of maintenance by the Purchaser/s, Association of
Apartment’s Owners / Co-operative Society or Limited Company, any event
incorporated in the present Article of Agreement.
25) FORMATION OF ASSOCIATION OF APARTMENT’S OWNERS / CO-

OPERATIVE SOCIETY OR LIMITED COMPANY :-

That after “Fifty One Percent” of Purchaser/s of the entire project have
booked and/or executed their Article of Agreement, The Promoters/Developers
and Builders shall form the Association of Apartment’s Owners / Co-operative
Society or Limited Company within three months of such execution including
the bye laws of the proposed Association of Apartment’s Owners / Co-operative
Society or Limited Company of the entire project which shall be formed. That for
the formation of the Association of Apartment’s Owners / Co-operative Society or
Limited Company, if The Promoters/Developers and Builders are in requirement
of any signature on the necessary documents of the Purchaser/s in respect of
the said Association of Apartment’s Owners / Co-operative Society or Limited
Company then the Purchaser/s shall execute such signature and provide all
necessary documents without any delay.
That after the formation of Association of Apartment’s Owners / Co-

operative Society or Limited Company, The Promoters/Developers and Builders
shall have absolute right of construction over the said Land Property/Properties
which shall be done as per the sanctioned Plan. That the Association of
Apartment’s Owners / Co-operative Society or Limited Company shall have no
right to obstruct the ongoing construction process of the entire project. This
condition is the essence of the Article of Agreement.
26) CONVEYANCE :-
That after obtaining the Completion Certificate and/or Occupancy

Certificate of the entire project from the concerned Government Authority, The
Promoters/Developers and Builders shall execute Conveyance Deed and/or
Transfer Deed and/or any related documents thereto in favour of Association of
Apartment Owners / Co-operative Society or Limited Company within three
months of the receipt of Completion Certificate and/or Occupancy Certificate.
That for the execution of the Conveyance Deed and/or Transfer Deed and/or
any related documents thereto, if The Promoters/Developers and Builders are in
requirement of any signature on the necessary documents of the Purchaser/s in
respect of the said Conveyance Deed and/or Transfer Deed and/or any related
documents thereto then the Purchaser/s shall execute such signature and
provide all necessary documents without any delay.
That this Article of Agreement itself is a Declaration by the Purchaser/s

as provided under Maharashtra Apartment Ownership Act, 1970 read with
Maharashtra Apartment Ownership Rules 1972 thereby submitting their
Flat/Unit to the provisions of the said act and/or the provisions of Law for the
time being in force.
That unless prevented by the circumstances beyond the control of the

Original Land Owners i.e. Consenting Party (If any) and The
Promoters/Developers and Builders, it is agreed that the said land
Property/Properties along with the building/s constructed or to be constructed
thereon, shall be subjected to the provisions of Law for the time being in force
and the said Conveyance Deed and/or Transfer Deed and/or any related
documents shall be subject to the following.
a. Obtaining the full and final Completion Certificate and/or

Occupancy Certificate in respect of the entire project in the layout of
the entire scheme and utilization of entire FSI and TDR/land
potential permissible to be utilized on the entire Land
Property/Properties as per development control rules of concerned
Government Authority (irrespective of previous sanction or not of
FSI).

b. Acceptance of the draft of Deed of Declaration and Deed of
Apartment by the Owner and The Promoters/Developers and
Builders by their mutual acquiescence.
c. After receiving the entire amount & all dues from all the
Purchaser/s including maintenance charges, outgoings, stamp
duty, registration fees, all Central Government / State Government
/ Local Authority Taxes., (if payable) etc., by all Purchaser/s.
Such Conveyance Deed and/or Transfer Deed and/or any related

documents and/or Declaration u/s 2 of the Maharashtra Apartment Ownership
Act, 1970 shall be subject to exclusive, limited common rights of the Flat
Purchaser/s and commitments of The Owner / Promoters, Developers and
Builders. The Promoters/Developers and Builders shall be entitled to
amend/frame the bye laws, rules, etc. of the Association/Co-operative Society or
Limited Company as per terms of this Article of Agreement and also with a view
to maintain decorum, beautification of the buildings, open grounds and common
amenities, etc.
The Promoters/Developers and Builders shall/has retained his/its rights

in regards to utilization, construction and sale of all or any residual FSI, floating
FSI, TDR and land potential allowed and available to be utilized on the said land
Property/Properties or any other land. The Promoters/Developers and Builders
shall at his/its own discretion choose to be a part of the Association/Co-
operative Society/ Limited Company for the said purpose. The
Promoters/Developers and Builders shall also be at liberty to transfer this right
to any person/ organization/ body etc. and the Purchaser/s in his/her/their/its
individual capacity and as a member of the Association/Co-operative Society/
Limited Company to be formed shall not object to the same.
That till a Conveyance of the entire project land Property/Properties on

which the Wing/Building in which Flat/Unit is situated is executed in favour of
Association of Apartment Owners / Co-operative Society or Limited Company,
the Purchaser/s shall permit The Promoters/Developers and Builders and their
surveyors and agents, with or without workmen and others, at all reasonable
times, to enter into and upon the project land or any part thereof to view and
examine the state and condition thereof.
27) DEFECT LIABILITY :-
If within Five years from the date of obtaining/handing over the

Flat/Unit to the Purchaser/s, the Purchaser/s brings to the notice of The
Promoters/Developers and Builders any defect in the said Flat/Unit and/or
building in which the said Flat/Unit is situated or the material used therein in
the construction of the said building, then, wherever possible such defects will
be rectified by The Promoters/Developers and Builders at their own cost and in
case it is not possible to rectify such defects, then the Purchaser/s shall be
entitled to receive from The Promoters/Developers and Builders reasonable
charges for repairs of the same by the third party for such defect. The word
defect here means only the manufacturing defects caused on account of willful
neglect on part of The Promoters/Developers and Builders and shall not mean
defects caused by normal wear and tear, negligent use of Flat by the
Purchaser/s, vagaries of nature etc., However if the Purchaser/s brings to the
notice of The Promoters/Developers and Builders that any crack has been
emerged on the Wall or Plaster (Internal Or External Wall/Plaster) of the said
Flat/Unit then in that event such defect shall not be considered as the
manufacturing defect and the same would have to be rectified by the
Purchaser/s on his/her/their/its own cost and the Purchaser/s shall not create
any dispute with The Promoters/Developers and Builders in that regard.

Provided that it is agreed that the described liability period under the Act
shall be deemed to have commenced from the date of Completion Certificate of
the Flat/Unit or from the date on which The Promoters/Developers and Builders
has given the necessary intimation for possession, whichever is earlier. Provided
further, it is agreed that the Purchaser/s shall not carry out any alterations of
whatsoever nature in the said Flat/Unit or in the fittings therein, in particular it
is hereby agreed that the Purchaser/s shall not make any alterations in any of
the RCC structure, fittings, pipes, water supply connections or any other
erection in the bathroom, kitchen, toilet, WC, terrace, etc., If any of such works
are carried out or any heavy load are stored in the said Flat/Unit, balcony,
terrace etc., any liability including the defect liability automatically shall become
void & the Purchaser/s alone shall be responsible for it. Further the
Purchaser/s will be liable for paying damages, if any, to the Purchaser/s
/Owner/User of Flat/Unit below or any affected Flat/Unit. If due to the
Purchaser/s or any other Purchaser/s act or negligence, the Purchaser/s
Flat/Unit is damaged, the repairs shall be carried out by the party responsible
for such an act and The Promoters/Developers and Builders shall not be liable
for the same.
That it shall be the responsibility of the Purchaser/s to maintain

his/her/their/its Flat/Unit in a proper manner and take all due care needed
including but not limiting to the joints in the tiles in his/her/their/its Flat/Unit
are regularly filled with white cement/epoxy to prevent water seepage.
Further where the manufacturer warranty as shown by The

Promoters/Developers and Builders to the Purchaser/s ends before the defects
liability period and such warranties are covered under the maintenance of the
said Flat/Unit, Wing/Building/Project, and if the annual maintenance contracts
are not done/renewed by the Purchaser/s, The Promoters/Developers and
Builders shall not be responsible for any defects occurring due to the same
That the project as a whole has been conceived, designed and

constructed based on the commitments and warranties given by the
Vendors/Manufacturers that all equipment’s, fixtures and fittings shall be
maintained and covered by maintenance/warranty contracts so as it to be
sustainable and in proper working condition to continue warranty in both the
Flat/Unit and the common project amenities wherever applicable.
That the Purchaser/s has been made aware and that the Purchaser/s
expressly agrees that the regular wear and tear of the Flat/Unit,
Wing/Building/Project which includes minor hairline cracks on the external and
internal walls excluding the RCC structure which happens due to variation in
temperature of more than 20*C and which do not amount to structural defects
and hence cannot be attributed to either bad workmanship or structural defect.
It is expressly agreed that before any liability of defect is claimed by or on

behalf of the Purchaser/s, it shall be necessary to appoint an expert who shall
be a nominated surveyor who shall survey and assess the same and shall then
submit a report to state the defects in materials used, in the structure built of
the Flat/Unit, Wing/Building/Project and in the workmanship executed keeping
in mind the aforesaid agreed clauses of this Article of Agreement.
28) ALLOTMENT OF PARKING SPACE :-
That the Allotment of the any Parking Space shall be done as per first
come first allot basis only of the choice of the respective Purchaser/s. That the
Purchaser/s shall not have any right to challenge the allotment of any Parking
space to any other Purchaser/s by the Promoters/Developers and Builders. That

furthermore the Purchaser/s shall not create any nuisance or dispute with other
Purchaser/s or the Promoters/Developers and Builders regarding the Allotment
of the any Parking Space.
Further, The Purchaser/s herein indemnifies The Promoters/ Developers

and Builders from any dispute regarding the parking of vehicle in the future.
That in the future or after the formation of Association of Apartment’s Owners /
Co-operative Society / Limited Company / Federation / Apex body etc., if any
dispute regarding the Parking Space of any Purchaser/s arises then in that
event the Purchaser/s shall clear the dispute by way of mutual understanding
between the other member of the said Association of Apartment’s Owners / Co-
operative Society / Limited Company / Federation / Apex body etc., and The
Promoters/Developers and Builders will not be involved to resolve the said
dispute. And the Purchaser/s also gives his/her/their/its assurance to The
Promoters/ Developers and Builders that his/her/their/its will not challenge
allotment of any Open Parking space to any other Purchaser/s.
That the Purchaser/s also is aware and has confirmed that the area of
any Open and/or Covered Parking Space shall not exceed 9 Sq. Mtrs., And if due
to some mishap if the Fire Brigade Vehicle or Ambulance Vehicle is unable to
enter then in that case the parked Vehicle shall be moved with immediate effect
and make space for entry of Fire Brigade Vehicle Or Ambulance Vehicle.
29) USE OF SAID FLAT :-
The Purchaser/s shall use the said Flat/Unit and every part thereof
and/or permit the same to be used only for the purpose of Residence and the
Purchaser/s shall use the parking space only for the purpose of parking their
own vehicle/s.
30) ESCALATION IN COST OF FLAT :-
That the total Price is escalation-free, save and except

escalations/increases, due to increase on account of development charges
payable to the competent authority and/or any other increase in charges which
may be levied or imposed by the competent authority Local Bodies/Government
from time to time. The Promoters/Developers and Builders undertakes and
agrees that while raising a demand on the Purchaser/s for increase in
development charges, cost, or levies imposed by the competent authorities etc.,
The Promoters/Developers and Builders shall enclose the said
notification/order/rule/regulation published/issued in that behalf to that effect
along with the demand letter being issued to the Purchaser/s, which shall only
be applicable on subsequent payments.
That The Promoters/Developers and Builders may charge the

Purchaser/s separately for any upgradation/ changes specifically requested or
approved by the Purchaser/s in fittings, fixtures and specifications and any
other facility which have been done on the Purchaser/s request or approval but
which have not been agreed upon herein or as shown in the website of the
Registered Authority.
31) RESTRICTED AREAS AND FACILITIES :-
It is hereby agreed that The Promoters/Developers and Builders has the

exclusive right of allotment of the different parking spaces to one or more
person/s of their choice., The Purchaser/s further agrees that he/they shall not
raise any objection to The Promoters/Developers and Builders exclusive right of
allotment of parking space and thereby expressly agrees to such exclusive right
of The Promoters/Developers and Builders till the Conveyance to the

Purchaser/s and agrees to any such allotments made or would be made by The
Promoters/Developers and Builders.
It is hereby agreed that the areas mentioned in Schedule – III shall be the
common areas and facilities and The Promoters/Developers and Builders shall
be entitled to declare all other areas as restricted or reserved areas and facilities
and/or alienate and dispose off other areas and facilities in such manner as The
Promoters/Developers and Builders thinks fit.
The Purchaser/s shall not raise any objection in the matter of allotment
or sale or remaining Flat/Unit etc. in the said land Property/Properties on the
ground of nuisance, annoyance or inconvenience from any profession, trade or
business, etc. that has been or will be permitted by law or by local authority.
The Purchaser/s shall have no claim save and except in respect of the
said Flat/Unit hereby agreed to be sold in to him/her/them/its and all common
amenities, areas and facilities as described in Schedule III herein below will
remain the Property/Properties of The Promoters/Developers and Builders until
the said land Property/Properties and Wing/Building is/are transferred to an
Association of Apartment’s Owners / Co-operative Society or Limited Company.
Significant risks and rewards of ownership and effective control of Flat/Unit
shall be deemed to have been transferred on delivery of possession though
ownership and effective control of scheme shall remain with The
The Purchaser/s has no objection for the use of the remaining Unit
wholly or in parts any other purpose as may be permitted by The
Promoters/Developers and Builders. The Promoters/Developers and Builders
may allow display of advertisement and/or hoarding sites/neon signs, or may
allow erection of antennae or towers for cable/satellite television, wireless,
mobile, cellular services, on the building and shall solely derive any benefits
(including financial) accruing thereon.
32) SPECIAL COVENANTS :-
Nothing contained in this Article of Agreement is intended to be nor shall

be construed as a grant, demise or assignment in law of the said Flat/Unit or
the said land Property/Properties and Wing/Building or any part thereof. The
Purchaser/s shall have no claim save and except in respect of the said Flat/Unit
hereby agreed to be sold to him/her/them and all common amenities, areas and
facilities as described in schedule III herein below will remain the
Property/Properties of The Promoters/Developers and Builders until the said
Wing/Building is/are transferred to the Association of Apartment’s Owners /
Co-operative Society or Limited Company as herein before mentioned.
Significant risks and rewards of ownership and effective control of the Flat/Unit
shall be deemed to have been transferred on delivery of possession though
ownership and effective control of scheme shall remain with The
It is hereby made clear that The Promoters/Developers and Builders

shall be entitled to use the marginal open spaces as an access for any another
Wing/Building, land and allow such access to any other person/s and the
Purchaser/s herein or the organization in which he will become a member and
shall be absolved from objecting to the said use by The Promoters/Developers
and Builders or its nominee/s or assignee/s and the flat shall be conveyed
subject to the said right of The Promoters/Developers and Builders and this
condition is also the essence of this Article of Agreement.

After the possession of the Flat/Unit, Wing/Building/Project is handed
over or after getting the completion certificate of the Wing/Building by
concerned Government Authority if any work thereafter is required to be carried
out by the Government and/or Local Authority and/or Corporation or any
Statutory Authority, the same shall be carried out by the Purchaser/s in co-
operation with the Purchaser/s of the other Units members in the said
Wing/Building at their own costs and The Promoters/Developers and Builders
shall not be in any manner liable or responsible for the same.
The Purchaser/s undertake/s that if any Certificate, Order, No

Objection, etc. is required to be produced by the Purchaser/s herein under any
law and rules in force in any time, the same shall be produced by the
Purchaser/s herein within the stipulated time.
33) REPRESENTATION :-
The Purchaser/s has hereby irrevocably authorized and empowered The

Promoters/Developers and Builders to prepare the revised layout and building
plans of the said land Property/Properties and to submit the same to the
requisite authorities and obtain their sanction and/or to revise the plans and for
the said purposes to sign all plans, applications, statements, consents etc.
without in any manner making the Purchaser/s liable for any costs or affecting
his/her/their interest. It is made clear that no other specific
permission/authority is required from the Purchaser/s and/or Association of
Apartment’s Owners / Co-operative Society or Limited Company for this
purpose.
The Purchaser/s hereby irrevocably authorizes and empowers The

Promoters/Developers and Builders to represent him before the concern
authorities in all matters regarding the property tax, assessment and re-
assessment and the decisions taken by The Promoters/Developers and Builders
in this regard shall be binding on the Purchaser/s. The Promoters/Developers
and Builders shall represent the Purchaser/s to do all the necessary things in
all the departments of the Pimpri Chinchwad Municipal Corporation, Collector,
Government, Semi-Govt., M.S.E.D.C.L., any concerned Government Authority
etc., and the same shall stand ratified and confirmed by the Purchaser/s herein.
If for any reason The Promoters/Developers and Builders requires Purchaser/s
personal representation in the form of signature then the Purchaser/s shall sign
the same and shall not withhold the same for any reason whatsoever.
34) MAINTENANCE :-
The monthly maintenance will start from the date of intimation letter
given to the Purchaser/s that Possession for Interior is ready and/or
Purchaser/s takes the possession for interiors and/or from the date of
Completion certificate by the local authority, whichever is earlier. The Flat
Purchaser/s shall be liable to bear and pay the monthly maintenance as per the
proportionate share (i.e. in proportion to the floor area of the Flat/Unit or in
lump-sum monthly amount) of outgoings in respect of the said land
Property/Properties and Wing/Building/Project namely local taxes, betterment
charges or such other levies by the concerned local authority and/or
Government, Water charges, Insurance, common lights, repairs, and salaries of
clerks, bill collectors, chowkidars, sweepers and all other expenses necessary
and incidental to the Management and maintenance of the said land
Property/Properties and Wing/Building/Project. Until the Association of
Apartment’s Owners / Co-operative Society or Limited Company is formed and
registered and the said land and Wing/Building/Project or the administration of
the Wing/Building/Project is handed over or transferred to it, the Flat
Purchaser/s further agrees that till the Flat Purchaser/s share is so determined

the Flat Purchaser/s herein shall pay to The Promoters/Developers and Builders
or to such person as may be nominated by The Promoters/Developers and
Builders provisional monthly contribution of Rs. 4.50/- (Rupees Four Rupees
And Fifty Paisa Only) per square foot per month of carpet area including the
Balcony/ Open Balcony/ Dry Balcony/ Enclose Balcony/ Terrace/ Dry Terrace/
Open Terrace Area etc., towards the outgoings alongwith the applicable amount
of G.S.T. Tax. The amounts so paid by the Flat purchaser/s shall not carry any
interest and remain with The Promoters/Developers and Builders or the
concerned person as the case may be until a conveyance is executed in favour of
the unit Purchaser/s as aforesaid. During the continuance of the scheme the
maintenance charges paid by the Purchaser/s after occupying the Flat agreed to
be sold to him or interest accrued from the deposit paid by him is never
sufficient to cover the expenses of maintenance of the common areas and
facilities since there are some unsold apartments from whom charges cannot be
collected. If any dues or over expenses are incurred for aforesaid purposes, the
same shall be proportionately paid by the Flat Purchaser/s to The
Promoters/Developers and Builders or concerned person prior to the final
Conveyance Deed as aforesaid. The Flat purchaser/s undertake/s to pay such
provisional monthly contribution and such proportionate share of outgoings
regularly on the 5th day of each and every month in advance and shall not
withhold the same for any reason whatsoever.
That the Maintenance charges shall include but not be restricted to

following items for which it is to be utilized :-
a) Maintenance contracts of lifts, generators, Sewage Treatment plant

(STP), pumping system, water pumps, CCTV cameras, Organic
Waste Converter (OWC), Tank cleanings, Fire Fighting Equipment’s,
PV solar System, intercom. (whatever of the said are installed or
provided.)
b) Running cost of all the equipments and instruments above (except

the cost of electricity generator supply to individual Association of
Apartment Owners / Co-operative Society or Limited Company,
which would be payable by the Purchaser/s thereof in equal share
together with other Purchaser/s in the concerned Wing/Building.)
c) Common electricity bills for common area of buildings and common

areas of the Association of Apartment Owners / Co-operative Society
or Limited Company.
d) Housekeeping and cleanliness Charges of common area of buildings,

Security Charges, Gardening Charges, Pest control expenses of
common area of buildings, Fire Fighting certification Charges,
Elevator repairs & maintenance contracts along with lift inspection
charges.
e) Running expenses for clubhouse, (Gym) and play grounds and

equipment’s thereof (if any provided by The Promoters/Developers
and Builders for the said project.)
f) Administration expenses, salaries, remunerations, commissions,

payments of work orders, etc. for staff engaged in day to day
expenses.
g) Expenses incurred for maintenance of common service lines &

replacements of electric switches /light points.

h) Operational and electricity charges for the sewage treatment plant
for the Association of Apartment Owners / Co-operative Society or
Limited Company.
It is agreed between the parties that the above maintenance amount

shall not include the list mentioned below, and the Purchaser/s and/or the
Association of Apartment Owners / Co-operative Society or Limited Company
either individually or through any appointed agency, shall have to bear the
following expenses, entirely from separate contribution other than the
maintenance amount made by the Purchaser/s.
a) Association of Apartment Owners / Co-operative Society or Limited

Company and managing committee administration.
b) Insurance for Structure/ Wing / Building, Equipments/Machinery,

towards theft, fire etc., and any other such expenses.
c) Sinking fund.
d) Property taxes of individual / Flat/Unit and common amenities etc.
e) Any other taxes, levies, cess etc. of the Property/Properties.
f) Any other statutory charges.
That the Purchaser/s and/or the Association of Apartment Owners / Co-

operative Society or Limited Company either individually or through any
appointed agency, shall have to bear the following expenses, entirely from
separate monthly contribution which is as follows :-
a) Expenses of water as may be required to be purchased from private

sources and all other related expenses.
b) Non agricultural taxes if any applicable and any other similar taxes.
c) Environment clearance fees and Property tax for Club House.
d) Repairs of the building for leakages, seepage to the

Property/Properties or any part thereof.
e) Wear and tear charges.
The Purchaser/s has been informed that certain services such as STP,
Solar System, Club House are common to the entire layout and therefore until
they are operated at the designated capacity and sufficient occupancy is
reached, there may be variations in the performance of such services. In case
there is any maintenance arising due to such variations such shall be covered
from the common maintenance fund.
The Purchaser/s has understood the entire scheme of maintenance in

detail. The Purchaser/s admits and agrees to the same, so that the maintenance
of the entire building or the project is not hampered in any way due to lack of or
non payment by the Purchaser/s.
It is also understood that this shall not preclude such Association of

Apartment Owners / Co-operative Society or Limited Company or The
Promoters/Developers and Builders, from claiming, demanding and raising the
maintenance charges independent of such and said contribution from the
Purchaser/s, provided the decision to that effect is duly taken after certified

statement of accounts justifying the need for increasing the maintenance
charges is circulated to the Purchaser/s.
Such Association of Apartment Owners / Co-operative Society or Limited

Company or The Promoters/Developers and Builders shall be entitled to claim
interest, on the arrears of such charges from the defaulting Purchaser/s,
without prejudice to the other rights and powers of The Promoters/Developers
and Builders / Association of Apartment Owners / Co-operative Society or
Limited Company.
Without prejudice to and notwithstanding anything contained above, in

the event of The Promoters/Developers and Builders and/or Association of
Apartment Owners / Co-operative Society or Limited Company of Purchaser/s
after entrustment of common maintenance by The Promoters/Developers and
Builders to it, duly resolving that the above maintenance deposit is insufficient
for the maintenance of the common areas and facilities, electricity, water,
drainages, sewage, passages, gardens or repairs thereof, the Purchaser/s shall
be liable to bear, pay and contribute to such additional charges as may be levied
and demanded by The Promoters/Developers and Builders and/or Association of
Apartment Owners / Co-operative Society or Limited Company and/or
federal/Apex body, as the case may be.
The entire operations and maintenance of the buildings and or the

common amenities is being carried out either by The Promoters/Developers and
Builders or the Association of Apartment Owners / Co-operative Society or
Limited Company on behalf of the Purchaser/s and for the benefit of the
residential community as a whole. Under no circumstances and no grounds the
Purchaser/s shall avoid and fail to pay the prescribed maintenance, which
otherwise shall be treated as breach of essential term of this Article of
Agreement, entitling The Promoters/Developers and Builders to terminate this
Article of Agreement, without prejudice to other remedies available to The
Promoters/Developers and Builders in law including recovery of the said amount
together with interest at the rate of 2% per month alongwith the applicable
amount of G.S.T. Tax. Outstanding amount shall remain as a charge on the said
Flat/Unit/Apartment.
That to avoid any doubts it is agreed and understood by the

Purchaser/s, that the above mentioned maintenance amount is calculated and
worked out on the basis of the present market conditions, and if for any reason
in future, on the account of exhausting of the said maintenance charges/funds
and or due to any exigencies, additional amounts are required to be contributed
for the maintenance charges, the Purchaser/s agrees that he/she/they shall be
bound to contribute and pay to The Promoters/Developers and Builders or the
formed Association of Apartment Owners / Co-operative Society or Limited
Company the applicable proportionate amounts in that behalf as shall be
demanded by The Promoters/Developers and Builders and or the agency
carrying out the maintenance. It is further agreed upon that the Purchaser/s
formed body etc shall reimburse to The Promoters/Developers and Builders the
proportionate common maintenance expenses in the event if the same is in
excess of the aforesaid amount and shall keep indemnified The
Promoters/Developers and Builders herein.
The Promoters/Developers and Builders at its discretion shall be entitled

to recover in advance First Twenty Four (24) months contribution of Rs. 4.50/-
(Rupees Four Rupees And Fifty Paisa Only) per square foot of carpet area
including the Balcony/ Open Balcony/ Dry Balcony/ Enclose Balcony/ Terrace/
Dry Terrace/ Open Terrace Area etc., towards the outgoings from the Flat
Purchaser/s prior to delivery of possession of the said Flat alongwith the

applicable amount of G.S.T. Tax for the expenses incurred for the aforesaid
purposes.
That The Promoters/Developers and Builders herein are not accountable

to disclose the usage of the said maintenance amount and not liable to give any
account of the expenses incurred for the aforesaid purposes which is to be
received by the Purchaser/s. However if The Promoters/Developers and Builders
falls short of the said maintenance amount for the period of First Twenty Four
(24) months then in that case The Promoters/Developers and Builders shall
have absolute right to demand extra maintenance amount from the Purchaser/s
as per their requirement.
That The Promoters/Developers and Builders is liable to incur the

expenses of maintenance of the said Building/Project only for the period of First
Twenty Four (24) months and thereafter it shall be the outmost liability and
responsibility of the Purchaser/s and or Association of Apartment’s Owners /
Co-operative Society / Limited Company / Federation / Apex body etc., to incur
such expenses of maintenance by way of collection of the amount of
maintenance from its members and The Promoters/Developers and Builders
shall thereafter be always kept indemnified. However in case of any unavoidable
circumstances if The Promoters/Developers and Builders happens to incur the
expenses of the maintenance beyond the period of First Twenty Four (24)
months then in that case the Purchaser/s and or Association of Apartment’s
Owners / Co-operative Society / Limited Company / Federation / Apex body
etc., shall be liable to reimburse such expenses along with interest @ 2 % per
month alongwith the applicable amount of G.S.T. Tax to The
The Promoters/Developers and Builders at its discretion and option shall

be entitled to enter into agreement with any person / company / agency for
maintenance of the common areas and facilities for months or years with a view
to ensure cleanliness thereof. Even after formation of Association the
Purchaser/s and Association shall be bound by the said contract..
35) CONDITIONS FOR, USE, MAINTENANCE :-
The Purchaser/s for himself/herself/themselves with intention to bring

all persons into whosoever hands doth hereby covenant with The
Promoters/Developers and Builders for the said Flat and also for the
Wing/Building in which the said Flat is situated as follows:-
a) To maintain the Flat at Purchaser/s own cost in good tenantable

repair and condition from the date of possession and shall not do or
suffer to be done anything in or to the building/s, staircase or any
passage which may be against the rules regulations or bye-laws of
concerned local or any other authority or change / alter or make
addition in or to the building/s in which the Flat is situated and the
Flat itself or any part thereof.
b) Not to store in the Flat/Unit, Wing/Building/Project, surrounding

area any goods which are of hazardous, combustible or dangerous
nature or are so heavy as to damage the construction or structure of
the Wing/Building/Project or storing of which goods is objected to
by the concerned local or other authority and shall not carry or
cause to be carried heavy packages to upper floors which may
damage or likely to damage the staircase, common passages or any
other structure of Wing/Building/Project, including entrances of
Wing/Building/Project and in case any damage is caused to the
Wing/Building/Project or the Flat on account of negligence or

default of the Purchaser/s shall solely be liable for the consequences
of such breach.
c) To carry at his/her/their/its own cost all internal repairs to the said

Flat and maintain the Flat in the same condition, state and order in
which it was delivered by The Promoters/Developers and Builders to
the Purchaser/s and shall not do or suffer to be done anything in or
to the building or the Flat violating any rules and regulations and
bye-laws of the concerned local authority or other public authority.
And in the event of the Purchaser/s committing any act in
contravention of the above provisions, the Purchaser/s shall be
responsible and liable for the consequences thereof to the concerned
local authority and/or other public authority.
d) Not to demolish or cause to be demolished the Flat or any part

thereof, nor at any time make or cause to be made any addition to or
alteration of whatsoever nature in or to the elevation and outside
colour scheme of the building and shall keep the sewers, drains,
pipes in the Flat and appurtenances thereto in good tenantable
repair and condition, and in particular, so as to support shelter and
protect the other parts of the Wing/Building/Project shall not chisel
or any other manner damage to columns, beams, walls, slabs or
RCC, Pardis or other structural members in the Flat or construct
additional walls or structures in the Flat without the prior written
permission of The Promoters/Developers and Builders or an
Association of Apartment’s Owners / Co-operative Society or Limited
Company as the case may be.
e) Not to make any changes in elevation such as enclosures in terraces,

dry balconies, addition of grills etc. and installations of dish
antenna’s without the permission of The Promoters/Developers and
Builders.
f) Not to do or permit to be done any act or thing which may render

void or voidable any insurance of the said land Property/Properties,
Wing/Building/Project and/or Flat is situated or any part thereof or
whereby any increased premium shall become payable in respect of
insurance.
g) Not to throw dirt, rubbish, rags, garbage or other refuse or permit

the same to be thrown from the said Flat in the compound or any
portion of the said land and the Wing/Building/Project in which the
Flat is situated
h) Not to dry or hang clothes in the terrace/balconies.
i) Pay to The Promoters/Developers and Builders within seven days

from demand by The Promoters/Developers and Builders, his share
of security deposit and expenses demanded by concerned local
authority or Government for giving water, electricity or any other
service connection to the building in which the accommodation is
situated.
j) To bear local taxes, NA taxes, water charges, insurance and such

other levies, if any, from the date of completion certificate in respect
of the said Flat and also any additional increased taxes, insurance
etc. which are imposed by the concerned local authority and/or the
Government and/or other public authority on account of permitted
change of user of the said Flat by the Purchaser/s.

k) The Purchaser/s shall not let, sub-let, transfer, assign or part with
his/her/their/its interest or benefit occurring from this Article of
Agreement or part with the possession of the Flat until all the dues
payable by the Purchaser/s to The Promoters/Developers and
Builders under the terms and conditions stated herein are fully paid
up and only if the Purchaser/s had not been guilty of breach of or
non-observance of any of the terms and conditions of this Article of
Agreement and until the Purchaser/s has intimated in writing to The
Promoters/Developers and Builders and obtained prior written
permission from The Promoters/Developers and Builders and paid
necessary administration charges to The Promoters/Developers and
Builders, etc.
l) The Purchaser/s shall observe and perform all the rules and
regulations and byelaws which the Association of Apartment Owners
/ Co-operative Society or Limited Company may adopt at its
inception and the additions, alterations or amendments thereof that
may be made from time to time for protection and maintenance of
the said Wing/Building/Project and the Flats therein and for the
observance and performance of the Building Rules, Regulations and
Bye-laws for the time being of the concerned local authority and of
Government and other public bodies. The Purchaser/s shall also
observe and perform all the stipulations and conditions laid down by
the Association of Apartment Owners / Co-operative Society or
Limited Company regarding the occupation and use of the Flat in the
Wing/Building/Project and shall pay and contribute regularly and
punctually towards the taxes, expenses or other outgoings in
accordance with the terms of this Article of Agreement.
m) The Purchaser/s shall permit The Promoters/Developers and

Builders and their surveyors and agents, workmen and others, at all
reasonable times, to enter into and upon the said land
Property/Properties and Wing/Building/Project or any part thereof
to view and examine the state and condition thereof. The
Promoters/Developers and Builders shall have such right to enter
into and upon the said Flat/Unit , Wing/Building/Project even after
the Purchaser/s is put into possession of the said Flat during the
statutory defect liability period.
n) The Purchaser/s is hereby prohibited from altering, obstructing the

external and internal structure of the building constructed as per
the sanctioned plan.
o) It is specifically understood that the matters related to service

providers such as security services, managerial services & other
service appointed by The Promoters/Developers and Builders for the
Association of Apartment Owners / Co-operative Society or Limited
Company is entirely the responsibility & liability of the Association of
Apartment Owners / Co-operative Society or Limited Company. The
Association of Apartment Owners / Co-operative Society or Limited
Company has to handle all the financial and other matters with such
service providers and The Promoters/Developers and Builders shall
not be financially liable towards the Association and/ or the service
providers.
p) The areas described in the Schedule III hereto state common areas
and facilities and which shall be for the more beneficial use and
enjoyment in common with other Purchaser/s. The Purchaser/s

shall have no exclusive claim whatsoever in the same including all
lobbies, staircases, lifts, which will always remain the
Property/Properties of the Association of Apartment Owners / Co-
operative Society or Limited Company and the same shall be for the
common use for of all the Flat Purchaser/s.
q) Nothing contained in THESE PRESENTS shall be construed to confer

upon the Purchaser/s any right, title or interest of any kind
whatsoever into or upon the said land Property/Properties or the
said Wing/Building/Project to be constructed thereon or in any part
thereof. Such confirmation shall take place only upon the execution
of the conveyance mentioned herein in favour of the Purchaser/s.
r) As The Promoters/Developers and Builders will be applying to the

concerned authorities for giving separate water connections for
buildings and electricity meters and connections for the said Flat of
the Purchaser/s, if there is delay in obtaining the water and
electricity connections from the concerned department then in that
case The Promoters/Developers and Builders may provide electrical
connections / water supply /power supply/ generator supply
through any other temporary arrangements because of which if there
is any improper / in sufficient/ irregular supply of water / electricity
The Promoters/Developers and Builders shall not be held
responsible for the same and the Purchaser/s hereby agrees for any
temporary arrangement that may be made in the said interim period.
The Purchaser/s shall pay for the proportionate charges as
demanded, determined and decided by The Promoters/Developers
and Builders and service tax ( if applicable) thereon. Until receipt of
this amount from the Purchaser/s, The Promoters/Developers and
Builders shall be entitled to temporarily deduct any dues of such
proportion or entire charges payable by the Purchaser/s for the
above from the outgoings /maintenance charges for which the
Purchaser/s hereby gives his/her/their/its agrees. The
Promoters/Developers and Builders are entitled to demand charges
for such temporary arrangement in advance, for the period
incorporated in this Article of Agreement, before giving possession of
the said Flat/Unit.
s) Till a separate electric meter or a water meter is installed/allotted by

the MSECDL / Pimpri Chinchwad Municipal Corporation and any
other authority, the Purchaser/s herein hereby agrees to bear and
pay punctually the amounts and charges of the common electric and
water meter and also the expenses for the maintenance of the
common areas and facilities in proportion to the area of
his/her/their/its Flat/Unit.
t) Notwithstanding the contents of THESE PRESENTS the Purchaser/s

shall pay the amount of Taxes of Pimpri Chinchwad Municipal
Corporation, M.S.E.D.C.L Charges, Water Charges and any other
Charges of the Said Flat prior to the possession of the same. That
the Purchaser/s has no right to withhold such amounts of the
concerned Authorities and The Promoters/Developers and Builders
shall have absolute right to withhold the Possession of the concerned
Flat until the clearance of the such amount by the Purchaser/s.
36) NO GRANT TILL CONVEYANCE :-
Nothing contained in this Article of Agreement is intended to be or shall

be constructed as a grant, demise or assignment in law of the said Units or the

said land Property/Properties and Wing/Building/Project or any part thereof.
The Unit Purchaser/s shall have no claim save and except in respect of the Unit
hereby expressly in writing agreed to be sold to him and all open spaces, parking
spaces, lobbies, roads, staircases, terraces, recreation spaces etc. Unless
specifically allocated to any person/s in writing will remain the property of The
Promoters/Developers and Builders until the said land Property/Properties and
building is transferred to the Association of Apartment Owners / Co-operative
Society or Limited Company as herein before mentioned.
37) WAIVER :-
Any delay tolerated or indulgence shown or omission on the part of The

Promoters/Developers and Builders in enforcing the terms of this Article of
Agreement, or any forbearance or giving of time to the Purchaser/s by The
Promoters/Developers and Builders shall not be construed as the waiver on the
part of The Promoters/Developers and Builders of any breach or non-compliance
of any of the terms and conditions, by the Purchaser/s nor shall the same in
any manner prejudice the rights of The Promoters/Developers and Builders.
38) REGISTRATION :-
The Purchaser/s shall present this Article of Agreement duly stamped at

the proper registration office for registration within the time limit prescribed by
the Registration Act and The Promoters/Developers and Builders will attend
such office and admit execution thereof.
The original of this Article of Agreement is given to the Purchaser/s. The

Purchaser/s shall present this Article of Agreement as well as any other deeds,
documents etc. which are to be executed by the party hereto in pursuance of
this present, at the proper registration office for registration within four months
from the date of execution of this Article of Agreement and on intimation thereof
by Purchaser/s The Promoters/Developers and Builders will attend such office
and admit execution thereof The Promoters/Developers and Builders shall not
be responsible if the Purchaser/s fails to register the Article of Agreement as
mentioned above.
That the Purchaser/s has satisfied himself / herself / themselves / itself

about the clear and marketable title of The Promoters/Developers and Builders.
That The Promoters/Developers and Builders has also given inspection of all
documents to the Purchaser/s and Purchaser/s has verified all the documents
and satisfied about the same. The Purchaser/s has carried out the search and
investigated the title by appointing his / her/ their /its own independent
Advocate in regards to Promoters & Developers / Builder’s title, interest,
building plans, and Governmental and Semi Governmental Orders, etc. The
Purchaser/s having acquainted and satisfied himself / herself / themselves /
itself with all the facts and nature of right of the Promoters & Developers /
Builders and has / have / itself entered into this Article of Agreement. That the
Promoters & Developers / Builders has already handed over all the relevant
Documents, Plan, Specifications, All Orders, All Certificates etc., regarding their
title to the Purchaser/s. That as per the instructions of the Purchaser/s the
Promoters & Developers / Builders have annexed relevant documents herewith.
That however if any documents as per any law has been missed to be annexed
herewith then in that case the Purchaser/s shall not raise any objection in that
regard as the Purchaser/s already has all the relevant documents with himself /
herself / themselves / itself.
39) SERVICE OF NOTICES :-

That all the notices to be served on the Purchaser/s as contemplated by
this Article of Agreement shall be deemed to have been duly served if sent to the
Purchaser/s by Registered Post A.D./ Under Certificate of Posting/ Emails/
Electronics Communication/ Courier of Posting at his / her / their Address
specified in the title of this Article of Agreement or at the Address intimated in
writing by the Purchaser/s after execution of this Article of Agreement.
That it shall be the duty of the Purchaser/s to inform The

Promoters/Developers and Builders any change in the Address subsequent to
the execution of this Article of Agreement in the Address specified in the title by
way of Registered Post failing which all communication and letters posted at the
address mentioned in the title shall be deemed to have been received by the
Purchaser/s.
That any communications with The Promoters/Developers and Builders

shall be made at the address of the construction site of the said project and after
the completion of the said construction the correspondence shall be made at the
Partnership Firm/ Company/ Ltd., Company/ Proprietorship Firm Office
Address of The Promoters/Developers and Builders.
40) USE OF TERRACES & OPEN SPACES :-
It is also understood by and between the parties here to that the terrace
space or open space in front of or adjacent to the Flat/Unit in the said
Wing/Building, if any, shall not be enclosed by the Flat/Unit Purchaser/s till
the permission in writing is obtained from the concerned local Authority and The
Promoters/Developers and Builders or the Association of Apartment Owners /
Co-operative Society or Limited Company as the case may be. Unless otherwise
provided in this Article of Agreement, and not withstanding any oral dialogue
such terrace or open space or road rights shall not vest in the Purchaser/s till
the specific & exclusive rights of that particular terrace or open space have been
allocated to him / her / them / it under this Article of Agreement in written. The
terraces and spaces specifically allotted to the particular Flat/ Unit/s holder
shall exclusively used by the concerned Flat/ Unit/s holder and the same shall
be a restricted area for any other Flat/ Unit/s Holder.
All unallotted terraces/spaces etc. shall remain exclusively owned by The

Promoters/Developers and Builders unless specifically allotted in writing to any
Flat/ Unit/s Purchaser/s and the Flat/ Unit/s Purchaser/s shall not object and
allow to The Promoters/Developers and Builders for using the same in any
manner as they may deem fit.
41) RIGHTS TO DISPOSE OF PREMISES CONSTRUCTED ON TERRACE :-
The terrace on the building and/ or attached to any Flat/ Unit/s or

premises which are not exclusively allotted to any particular Purchaser/s shall
always belong to The Promoters/Developers and Builders and they shall be
entitled to dearth, and dispose off the same in such manner as he may deem fit.
In the event of The Promoters/Developers and Builders obtaining permission
from the Municipal Corporation or any other competent Authority for
construction of any type of premises on the terrace, then The
Promoters/Developers and Builders shall be entitled to deal with and dispose off
in any manner whatsoever such premises constructed by them to such person
or persons or parties at such rate and on such terms and condition as The
Promoters/Developers and Builders may deem fit. The Promoters/Developers
and Builders shall be entitled in that event to allot the entire terrace to the
buyers of the premises that may be constructed on the terrace as its member/s.
In the event of any water storage tank being constructed on the terrace of the
said building or lifts being installed for the benefit and use of the various holders

of Unit or other premises then the Society shall be entitled to depute its
representatives the tanks and lifts at all reasonable time as may be mutually
agreed to between The Promoters/Developers and Builders and the buyers of
terrace premises.
42) PROMOTERS TO HAVE CHARGE TILL ALL AMOUNTS PAID :-
That The Promoters/Developers and Builders shall have necessary first

lien and first charge on the Unit for all the amounts that the Purchaser/s is
liable to pay to them under this Article of Agreement and The
Promoters/Developers and Builders shall be entitled to recover and receive the
same from the Purchaser/s and shall be entitled to withhold giving possession
subject to the payment thereof and of the other liabilities relating to taxation or
otherwise.
43) SEVERABILITY :-
If any provision of the Article of Agreement shall be determined to be void

or unenforceable under the Act or the Rules and Regulations made thereunder
or under other applicable laws, such provisions of the Article of Agreement shall
be deemed amended or deleted in so far as reasonably inconsistent with the
purpose of this Article of Agreement and to the extent necessary to conform to
Act or the Rules and Regulations made thereunder or the applicable law, as the
case may be, and the remaining provisions of.
44) GOVERNING LAW :-
That the rights and obligations of the parties under or arising out of this
Article of Agreement shall be construed and enforced in accordance with the law
of India for the time being in force.
45) DISPUTE RESOLUTION :-
The parties hereby agree that in the event of there being any dispute by
and between the parties hereto in respect of interpretation of any of the terms
and conditions herein contained as also in respect of any matter arising out of
and/or touching upon these presents, and/or in regard to the carrying out of
this Article of Agreement, then the said dispute shall be settled amicably. In case
of failure to settle the dispute amicably, the said matter shall be referred to the
Hon’ble Competent Authority under the provisions of the Real Estate (Regulation
and Development) Act, 2016, Rules and Regulations, thereunder.
46) STAMP DUTY AND REGISTRATION FEES :-
The consideration of the said Article of Agreement between The

Promoters/Developers and Builders and the Purchaser/s herein is as per the
prevailing market rate in the subject locality. This Article of Agreement is
executed by the parties hereto under the Maharashtra Ownership Flats Act,
1963 and the stamp duty for this transaction is payable as per the Bombay
Stamp Act, 1958, Schedule-1, Article 25 or 25 (d)., the Purchaser/s herein has
paid requisite stamp duty and shall pay appropriate registration fees and
expenses. The parties hereto shall be entitled to get the aforesaid stamp duty,
adjusted, leviable on the conveyance, which is to be executed by The
Promoters/Developers and Builders and the Owners/ Consenting Party herein
in favour of the Purchaser/s herein. If any additional stamp duty or other
charges are required to be paid at the time of conveyance the same shall be paid
by the Purchaser/s. The Purchaser/s herein has agreed to purchase the said
Flat/Unit as on investor as laid down in Article 5(2) or 5(g-a)(ii) of the Bombay
Stamp Act 1958 & hence it is entitled to adjust the stamp duty to the Agreement

against the duty payable to the Agreement by the Purchaser/s herein to the
subsequent Purchaser/s as per provision of the said clause Article 5(2) or 5(g-
a)(ii).
47) REGISTRATION UNDER THE REAL ESTATE (REGULATION &

DEVELOPMENT) ACT, 2016 :-
That “The Real Estate (Regulation & Development) Act, 2016” has come
into force since 01/05/2017. That “NIRVANA BEYOND WING E” is an new
project and The Promoters/Developers and Builders have registered the said
project with the concerned Government Authority under Registration No.
P52100049505 in accordance with rules of the Housing Department,
Government of Maharashtra.
**********************
DECLARATION BY PURCHASER/S
The Purchaser/s declares that he/she/they/it has read the

Agreement/got translated the same and fully understood the contents of the
Agreement. That the Purchaser/s further agrees and assures that
he/she/they/it will comply and abide by all the mutual terms and conditions
stated in this agreement and thereafter same have been executed by all the
parties and Purchaser/s has/have received the stamped copy of this agreement.
----------------------------- -----------------------------
PURCHASER/S PURCHASER/S
**********************

SCHEDULE – ‘I’ OF THE PROPERTY
All that piece and parcel of the Property bearing Survey No. 93 having
Hissa No. 7 having total admeasuring area 01 H. 13 Ares i.e. 11300 Sq. Mtrs.,
and which is assessed at Rs. 3.50 Paise, situated at Village Kiwale, Taluka
Haveli, District Pune and within the local limits of Pimpri Chinchwad Municipal
Corporation and within the Jurisdiction of Sub-Registrar Haveli, District. Pune
which is bounded as under:-
On or towards East:- By Property of Survey No. 94.
On or towards West:- By Property of Survey No. 93 having Hissa No. 6.
On or towards South:- By 18 Mtrs., D. P. Road.
On or towards North:- By 18 Mtrs., D. P. Road.
Along with all right of apparent things thereto.
( Note :- That the Boundaries of the above mentioned property are subject to
the actual Position of the property and the misinterpretation of the same
will have no adverse effect on this Agreement. And the boundaries of
actual position of the said property is consider to be final and both
the parties admit the same. )
**********************
SCHEDULE – ‘II’ OF THE FLAT/UNIT
 PROJECT NAME. :- “NIRVANA BEYOND”
 FLAT/UNIT NO. :- 408
 FLOOR. :- FOURTH FLOOR.
 BUILDING/WING. :- “E”
 AREA OF THE FLAT. :- 48.82 SQ. MTRS. (CARPET

AREA)
 AREA OF ENCLOSED :- 2.85 SQ. MTRS.

BALCONY / BALCONY.
 AREA OF DRY TERRACE / :- 11.22 SQ. MTRS.

TERRACE.
The above Flat/Unit constructed in the property described in the schedule ‘I’
hereinabove written.
----------------------------- -----------------------------
PURCHASER/S PURCHASER/S
**********************

SCHEDULE – ‘III’
COMMON AREAS AND FACILITIES
(A) COMMON AREAS :-
a) The Land surrounding the Wing/s, Building/s.
b) The Footing, RCC framework structures of the Building/s.
c) Staircase columns and Lift as with Lift room in the Building/s.
d) Drainage/Septic Tank and water line network.
e) Common Electric Meters, Common Water Meter, Connected to

Common Lights & Water connections, Pump sets etc.,
f) Light points outside the Building and in the Staircase/s as well as in

Car Park area and/or Basement.
g) Overhead water tank and underground water tank shall be common

along with the pump sets.
h) Common back-up for Lift, Common Light and Water pump.
i) Designer Club House with Indoor Games.
j) Solar Water Heating System.
k) Rain Water Harvesting.
l) Senior Citizens Park.
m) Fire Fighting System.
n) Swimming Pool & Baby Pool.
(B) LIMITED COMMON AREAS AND FACILITIES :-
a) Allotted Parking Space shall be restricted area and The

Promoters/Developers and Builders herein shall have exclusive right
to allot the same being exclusive right to use to any Flat/Tenement
holder in the Wing/Building.
b) Adjacent terraces and / or Parking if any to the Premises shall be

restricted and shall be for exclusive use of such respective Premises
holders.
c) All area etc. which are not covered under aforesaid head “common
area and facilities” are restricted areas and facilities which include,
the marginal open spaces, terraces, car parking within the said
property/properties and in the building/s which is /are under
construction on the said property/properties is reserved and
Developer shall have exclusive right to sale or transfer, convey the
same in part or in full to any buyer of Premises, terrace/s, parking
space etc. or to convert the restricted area in to common area or vise-
versa.
***********************

SCHEDULE – ‘IV’
STANDARD SPECIFICATIONS
A) FLOORING :-
 Vitrified tile flooring for entire flats

 Mat flooring in attached terrace and bathroom.
B) PLASTER :-
 Sand Face External Plaster.

 Smooth Finish Internal Plaster.
C) MASONRY :-
 External Wall in Masonry

 Internal Wall in Masonry
D) DOORS :-
 The Main Door will be Flush Door with decorative Laminate

Sheet.
 Night latch on main door.
E) WINDOWS :-
 Powder coated aluminium sliding windows.

 Bottom Granite for all windows.
 Mosquito net for windows except Kitchen.
 Safety Grills for all windows.
F) KITCHEN :-
 Granite top kitchen platform.

 Stainless steel sink.
 Glazed Tiles dado.
 Provision of Exhaust Fan.
 Provision for Water Purifier.
G) TOILETS :-
 Glazed tiles upto 7 Fts.,

 Provision of Electric Point for Geyser.
 Sanitary ware.
 Provision of Exhaust Fan.
H) ELECTRICAL :-
 Adequate Concealed Electrical point with Copper Wiring.

 Ample Electric Points with Branded Modular Switch.
 Telephone Point and Cable TV Point in Living room.
 AC provision in Master Bedroom.
 Provision for inverter point.
 Electrical backup for Lifts and common area.

I) PAINTS :-
 Oil Bond Distemper Paint in all Rooms.

 Water Resistant Paint on External Wall.
J) PLUMBING :-
 Concealed plumbing with hot and cold water arrangement in all

toilets.
 With shower of standard quality.
NOTE :-
1. The aforesaid specifications are general and will be

provided in the residential accommodation as suitable in
accommodation as per the discretion of the Developer.
2. Any addition or alteration in specification or work will be

charged extra. No rebate will be given for cancellation or omission of
any item.
********************

IN WITNESS WHEREOF the parties hereto have here unto set and
subscribed their respective hands and seals on the day, month and the years
herein above written.
( ------------------------------------------------------------ )
( THE PROMOTERS/DEVELOPERS
AND BUILDERS )
PARTY OF THE FIRST PART
( ------------------------------------------------------------ )
( THE OWNERS & CONSENTING
PARTY)
PARTY OF THE THIRD PART
( ------------------------------------------------------------ )
( ------------------------------------------------------------ )
( ------------------------------------------------------------ )
PURCHASERS
PARTY OF THE SECOND PART
IN THE PRESENCE OF:-
1.
Signature :- ____________________________________
Name :- ____________________________________
Address :- ____________________________________
2.
Signature :- ____________________________________
Name :- ____________________________________
Address :- ____________________________________

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 NIRVANA BEYOND 

|| SHRI GANESH PRASANNA ||

M/S. DIAMOND NEXUS PROPERTIES.

1) MR. SATISHKUMAR RAVJIBHAI PATEL.

2) MR. HARDIK PRAVINBHAI PATEL.

3) MR. HARDIK RASIKBHAI PATEL.

4) MR. MAHESH LALJIBHAI PATEL.

Hereinafter referred to as the “THE PROMOTERS/DEVELOPERS &

1) MR. NIKHIL GANESH KHODAKE.

2) MRS. POOJA NIKHIL KHODAKE.

BOTH RESIDING AT: - DHANRAJ PARK HOUSING SOCIETY,

Hereinafter referred to as the “PURCHASER/S”, Which expression shall

1) SHRI. SADASHIV BHIKA KATALE.

2) SOU. BEBI SADASHIV KATALE.

3) SHRI. DILIP SADASHIV KATALE.

4) SOU. SHAKUNTALA DILIP KATALE.

5) KUM. MAYURI DILIP KATALE.

6) KUM. OMKAR DILIP KATALE.

“ARTICLE OF AGREEMENT” PAGE NO :- 2

7) SHRI. RAMESH SADASHIV KATALE.

8) SOU. SONAL RAMESH KATALE.

9) KUM. PAYAL RAMESH KATALE.

10) KUM. BHUSHAN RAMESH KATALE.

11) SOU. SHEETAL CHANDRAKANT JADHAV.

12) SMT. JAIBAI PANDURANG SAWANT.

13) SOU. SHALAN SOPAN SAWANT.

Through their Developers & Power of Attorney Holder

M/S. DIAMOND NEXUS PROPERTIES.

1) MR. SATISHKUMAR RAVJIBHAI PATEL.

“ARTICLE OF AGREEMENT” PAGE NO :- 3

2) MR. HARDIK PRAVINBHAI PATEL.

3) MR. HARDIK RASIKBHAI PATEL.

4) MR. MAHESH LALJIBHAI PATEL.

Hereinafter referred to as “THE OWNER & CONSENTING PARTY”

……………PARTY OF THE THIRD PART.

Hereinafter referred to as the…………“Said Property”

AND WHEREAS thereafter Shri. Bhika Maruti Katale expired on

“ARTICLE OF AGREEMENT” PAGE NO :- 4

AND WHEREAS M/s. Diamond Nexus Properties, A Partnership Firm,

AND WHEREAS “The Promoters/Developers and Builders” are legally

AND WHEREAS “The Promoters/Developers and Builders” have decided

AND WHEREAS “The Promoters/Developers and Builders” have proposed

AND WHEREAS “The Promoters/Developers and Builders” and “The

“ARTICLE OF AGREEMENT” PAGE NO :- 5

AND WHEREAS The Promoters/Developers and Builders have appointed

AND WHEREAS the Purchaser/s demanded from “The

AND WHEREAS “The Promoters/Developers and Builders” is the

AND WHEREAS the copies of Certificate of Title issued by Shri. Amit. A.

AND WHEREAS on the request of “The Promoters/Developers and

( Hereinafter referred to as the………. “SAID FLAT” ).

“ARTICLE OF AGREEMENT” PAGE NO :- 6

AND WHEREAS the Purchaser/s hereby agrees and accepts that

AND WHEREAS the Purchaser/s is aware of the fact that The

AND WHEREAS the Purchaser/s herein being desirous of purchasing a

AND WHEREAS relying on the Purchaser/s representations and the

AND WHEREAS The Promoters/Developers and Builders has sanction

“ARTICLE OF AGREEMENT” PAGE NO :- 7

AND WHEREAS under Section 13 of The Real Estate (Regulation &

 NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS