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Application Form M3M IFC

The document is an application form for provisional allotment of a commercial unit (retail outlet) in a mixed-use project called "M3M International Financial Center" located in Gurugram, Haryana, India. The applicant requests provisional allotment of Unit No. ______ with a carpet area of approximately ______ sq ft/sq mtr. Along with the form, the applicant has submitted initial payment and necessary documents. The project is registered under the Real Estate Regulatory Authority. Upon provisional allotment, the applicant agrees to timely execute sale agreement and pay installments according to the payment plan.
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0% found this document useful (0 votes)
310 views38 pages

Application Form M3M IFC

The document is an application form for provisional allotment of a commercial unit (retail outlet) in a mixed-use project called "M3M International Financial Center" located in Gurugram, Haryana, India. The applicant requests provisional allotment of Unit No. ______ with a carpet area of approximately ______ sq ft/sq mtr. Along with the form, the applicant has submitted initial payment and necessary documents. The project is registered under the Real Estate Regulatory Authority. Upon provisional allotment, the applicant agrees to timely execute sale agreement and pay installments according to the payment plan.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Luminos Builders Private Limited

GF-132-C, Sushant Shopping Arcade, Sushant Lok-I, Gurugram - 122002, Haryana, India
CIN: U45400UP2008PTC062941
website: http://______________.com/ e-mail: [email protected]
Phone: ___________________________

Application Form for the provisional allotment of a commercial Unit (retail outlet) in “M3M
International Financial Center”, Sector 66, Gurugram Manesar Urban Complex, Gurugram,
Haryana, India.

Luminos Builders Private Limited (“Company”)


GF-132-C, Sushant Shopping Arcade
Sushant Lok-I, Gurugram - 122002, Haryana, India

Dear Sir/s,

I / We request that I / we may be provisionally allotted a unit for commercial use (retail outlet) bearing Unit
No. ___________________ (“Unit”) in mixed- use project, in Tower /Block ___________________ with a
carpet Area of approx. ___________ sq. ft. / ___________________ sq. mtrs. (“Carpet Area”), the details
whereof are mentioned in ‘Schedule-I’ and the specifications are mentioned in ‘Schedule-II’ in “M3M
International Financial Center” (“Project”) which is a mixed-use project consisting of offices and luxury
retail spaces located in Village Badshahpur, in Sector 66, Gurgaon-Manesar Urban Complex, Gurugram,
Haryana, India; developed under License No. 165 of 2008 dated 08.09.2008 (as renewed upto date) and
building plans approved vide Memo No. ZP-515/SD(BS)2014/4031 dated 22.02.2014. The Project is being
developed on the Land which is owned by Gentle Realtors Private Limited and others (with major share that
being of Gentle Realtors Private Limited) and development in terms of License No. 165 of 2008 (duly
renewed upto date) under the name & style “M3M International Financial Center”.

I / We understand that the Unit is commercial retail unit located in __________ floor of _______ tower /
block.

A sum of ₹ ___________________ (Rupees _______________________________________________


only) towards initial amount and GST as applicable for the Unit is being paid vide Cheque/ Banker’s
Cheque/ Pay Order/ Demand Draft bearing no(s). ___________________ dated ___________________
drawn on _________________________________________________________ payable at
___________________or through electronic transfer vide NEFT/ RTGS/ UTR No. ___________________
sent through _______________Bank on ____________.

Project ‘M3M International Financial Center’ is not being promoted, developed and / or sold by M3M India
Pvt. Ltd. The use of the word / name / mark ‘M3M’ is under license from M3M India Pvt. Ltd., user
whereof is subject to the brand Licensing arrangement. The use of word ‘M3M’ shall in no manner be
construed or interpreted as M3M India Pvt. Ltd. being the Promoter and / or developer of the Project ‘M3M
International Financial Center’.

I/We have complete knowledge of the Project, and have also seen the sanctioned building plans (including
all revisions thereof). I / We agree that the provisional allotment of the Unit shall be subject to my/our
Application being complete in all respects and the initial booking amount deposited with the Application Form
realized by the Company. I / We also agree that the provisional allotment of the Unit shall be at the absolute
discretion of the Company and in case of rejection of my Application, I / We undertake not to claim any

Signature of the Applicant/s


compensation or interest from the Company except the refund of my / our initial booking amount.

The Company agrees to execute Agreement for Sale (“Agreement”) for the Unit in accordance with the
provisions of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016) and the Haryana Real
Estate (Regulation and Development) Rules, 2017 for the State of Haryana, and any amendments made
therein from time to time and prevailing as on the date of execution. I / We undertake to pay the
registration fee for the registration of the Agreement and / or other incidental expenses thereto. The
allotment of the Unit shall be subject to terms and conditions of this Application Form, and / or Agreement
(to be executed) and other such terms and conditions as in future may be applicable and I / We undertake to
abide by such terms and conditions.

The Project is duly registered under the Real Estate (Regulation and Development) Act, 2016 along with
the rules and regulations framed thereunder by the Government of Haryana with the Haryana Real Estate
Regulatory Authority at Gurugram on 02.02.2018 under Registration No. 20 of 2018.

I/We understand that the provisional Allotment of Unit does not constitute an Agreement and does not
confer any rights to me / us in the Unit unless an Agreement has been executed by the Company on receipt
of at least ten percent of the total consideration of the Unit. I/We undertake that upon provisional Allotment
of the Unit by the Company, to me/us, I/we undertake to timely execute the Agreement and other
documents in the manner and also in accordance with the provisions of the applicable Law being in force at
that time, at my / our expenses / cost.

I/We agree that timely payment of the installments of the Total Consideration and other charges for
maintenance of essential services and common facilities (as mentioned in ‘Schedule III’ hereinafter), as
per the Payment Plan (as mentioned in ‘Schedule-IV’ hereinafter) is the essence of the Allotment. I/ We
declare and confirm that I/ We have understood the Payment Plan, and the binding effect of the terms and
conditions and the implications of non- compliance.

The Company, subject to force majeure conditions, proposes to complete the Project and handover
possession of the Unit on or before 01.08.2021 and complete the Project on or before 01.08.2021. However,
the period of completion of the Project for the reasons attributing beyond the control of the Company may
be extended with the approval of the competent authorities / RERA / HRERA. The Applicant confirms
having understood that since the Project is proposed to be developed in a phase-wise manner certain
facilities and services might be available in accordance with the phase-wise construction of the Project and
shall be available as the construction progresses.

I / We have applied with full knowledge and understanding of all the laws, notifications and rules as are
applicable to the State of Haryana / Project, which also have been duly explained by the Company and
understood by the Applicant. My / our particulars are stated are stated in Schedule V.

The documents as mentioned in ‘Schedule-VI’ are enclosed herewith this Application.


I / We understand that the terms and conditions mentioned in ‘Schedule-VII’ are indicative in nature
which are subject to change at the discretion of the Company.

I/we in order to reap maximum benefits of the investments made by us agree and acknowledge to give
Company the pre-emptive rights of leasing the Unit either individually and/or collectively with other units
for the larger benefit of the respective allottees of the units concerned in accordance with the plan and
mutually agreed terms and conditions.

Signature of the Applicant/s


The communications sent by the Company on the E-mail address provided by the First Applicant shall be
deemed to have been duly served by the Company.

INDIAN PROPERTY ASSOCIATE’s / CHANNEL PARTNER'S NAME & ADDRESS (as


registered with Haryana Real Estate Regulatory Authority):
______________________________________________________________________________________
Indian Property Associate’s / Channel Partner’s Seal and Signature

DECLARATION:
I/ We have fully read and understood the terms and conditions as set out in the Application Form and
Schedules thereto. I/ We undertake to abide by such terms and conditions including any amendment
therein from time to time. I / We further declare that the details / information provided in the Application
Form are true and nothing has been concealed. In the event of any notice in the knowledge of the
Company of being false and untrue on my / our part, the Company at its sole discretion may cancel the
Allotment and initiate appropriate legal action at my / our costs, risks and consequences.

Yours faithfully,

Date:

Place:
Signature of Applicant(s)

Registration No. : 20 of 2018 dated 02.02.2018 (duly registered with the Haryana Real Estate Regulatory
Authority)

Signature of the Applicant/s


SCHEDULE I
DETAILS OF THE UNIT

Unit No.: Unit Type :


Floor No.: Tower/Block No.:

Carpet Area of the Unit sq.ft./ sq. mtr. (approx.) (1 sq.mtr. = 10.764 sq.ft.)

Area of External Walls and internal shafts exclusive to the Unit sq.ft./ sq. mtr. (approx.) (1 sq.mtr. =
10.764 sq.ft.))
Super Area of the Unit sq.ft./ sq. mtr. (approx.) (1 sq.mtr. = 10.764 sq.ft.)

Area of Exclusive balcony / Verandah of the Unit sq.ft./ sq. mtr. (approx.) (1 sq.mtr. = 10.764
sq.ft.)
Proportionate common area of the Unit sq.ft./ sq. mtr. (approx.) (1 sq.mtr. = 10.764 sq.ft.)

Signature of the Applicant/s


I/We are the applicant(s)/allottee(s) of Unit No. _________ on ________floor in Block
________________ in the Mixed Land Use Project being developed by Luminos Builders Private
Limited (hereinafter referred to as the ‘Company’) in Sector-66, Gurugram, Haryana.

Signature of the Applicant/s


SCHEDULE II
SPECIFICATIONS OF THE UNIT

Signature of the Applicant/s


SCHEDULE III
TOTAL CONSIDERATION

TOTAL CONSIDERATION
Total Consideration of Unit is ₹________________/- @ Rs. _______________ per sq. ft. of Carpet
Area (Cost of the Unit is ₹. …………………./- and GST amount of ₹…………………./- as
Calculated @ 12%) and the Unit is having:

1. Carpet Area of ______ sq. ft./ sq. mtr. (approx.);


2. Exclusive balcony having an area of sq.ft./ sq. mtr. (approx.);

OTHER CHARGES
In addition to the Total Consideration, the Allottee shall be liable to pay the following:
Interest Free Maintenance Security (IFMS) of ₹. _____________/-per sq.ft. of Carpet Area.
Power Back-Up Charges: ₹. _____________/-per sq.ft. of Carpet Area

Notes / Terms:
 All Payments are to be made by A/c payee Cheque/Banker's Cheque/Pay Order /Demand Draft
payable at New Delhi/Gurugram only or through electronic transfer mode (as permissible under
applicable Law) drawn in favor of / to the account of ‘Luminos Builders Pvt. Ltd. M3M
International Financial Center Sales Account’ having Swift Code ICIBINBBCTS, Account No.
039905005760, with IFSC Code ICIC0000399 with ICICI Bank Limited. The Application would be
considered for provisional allotment subject to realization of the Booking Amount / Token Money.
The date of clearing of the instrument / receipt through permissible electronic transfer mode shall
be deemed to be the date of payment. Bank charges for outstation cheques shall be to the Allottee’s
account and credit shall be granted from the date of actual receipt of funds.
 The allotment shall be valid only subject to clearance of amounts tendered by the Allottee and
subject to future payments on time.
 Upon issuance of the Allotment Letter, the Allottee shall be liable to pay the Total Consideration
Value and the Other Charges as specified herein together with the applicable government taxes and
levies as per the Schedule of Payments hereunder, time being of all essence.
 The Total Consideration is inclusive of Development Charges (DC)(External Development Charges
(“EDC”) and Infrastructure Development Charges (“IDC”), Electricity Installation Charges,
Applicable Statutory Charges, Tax, Labour Cess, Duty, VAT, GST, Water, Gas and Other Utilities
Infrastructure and Connection Charges. Further, any revision in EDC, IDC, Statutory Charges,
Taxes, GST, VAT, Labour Cess et al, shall be communicated and shall be charged as applicable
from time to time as per the applicable rates.
 The Applicant has applied for the booking and allotment of the Unit being fully aware of the cost of
the Unit, and also of the new tax regime of Goods & Services Tax (in short ‘GST’) having come into
existence with effect from 01.07.2017. Therefore, the Application has been made by the Applicant

Signature of the Applicant/s


having being fully aware that all payments made on and after 01.07.2017 (in respect of the
bookings for the allotment of a Unit made prior to 1.07.2017 )and all bookings made on and with
effect from 01.07.2017 will attract GST under the Central Goods and Services Tax Act, 2017. The
Applicant also confirms that he / she shall not claim any GST credit and/or claim any reduction in
price of the Unit due to application of GST.
 The Applicant shall, in relation to the Unit (so allotted), make all payments to the Company from
his own bank account only and not from and through the bank accounts of any third party. The
Applicant alone shall be responsible and liable in relation to the payments made by any third party.
Notwithstanding the aforesaid, the receipts for the payments made in relation to the Unit shall be
issued in favor of the Applicant only. Payments from sources other than the Allottee (“Third
Party”) is/are to be accompanied with requisite no-objection certificate(s) as per the approved
format of the Company failing which the Company may in its sole discretion reject the same and
return directly to said Third Party.
 The Agreement for Sale shall comprehensively set out the terms of allotment and the further
relationship, along with other conditions as per the provisions of the applicable Laws including the
Haryana Apartment Ownership Act, 1983 (along with the rules and regulations as may be framed
thereunder) and the Real Estate (Regulation & Development) Act, 2016 and the Haryana Real
Estate (Regulation & Development) Rules, 2017 (along with the rules and regulations as may be
framed thereunder by the State of Haryana).
 If Allotment of the said Unit is cancelled either by the Applicant or by the Company, the Allottee
shall cease to have any claim against / upon the said Unit and / or against the Company (except for
the refund as stated herein) and the Company shall be free to deal with the said Unit in any manner
whatsoever without any further reference / intimation to the Applicant.
 Please further note that the Agreement for Sale shall contain detailed terms and conditions of the
sale of the Unit in favor of the Applicant / Allottee. Further, in the event of any contradiction
between terms of either of the documents, the terms and conditions embodied in the Agreement for
Sale shall prevail.
 In the event the Applicant / Allottee fails or neglects to comply with any of his obligations under the
Application Form / Allotment Letter, including (but not limited to) making payment of all due
amounts as per Schedule of Payments stated in ‘Schedule-IV’ hereto (and interest thereon, if any)
or seeks to withdraw or cancel the Allotment / Agreement for sale / Agreement to Sell in respect of
the said Unit (so allotted), the Applicant / Allottee shall be deemed to be in default and the
Company shall be entitled to forfeit the earnest money (being 10% of the Total Consideration) and
interest component on delayed payment (payable by the Applicant / Allottee for breach and non-
payment of any due payable to the Company) and brokerage. The rate of interest payable by the
Applicant / Allottee to the Company shall be the State Bank of India highest marginal cost of
lending rate plus two percent. The balance amount of money paid by the Applicant / Allottee shall
be returned by the Company to the Applicant / Allottee within 90 (ninety) days of such cancellation
or withdrawal.
 The payment of the refund amounts shall be subject to and after deducting thereon tax at source
and/or other applicable government levies and taxes. For sake of clarity, the interest and/or taxes
paid on the Consideration Value shall not be refunded upon such cancellation/termination. In the
event, the amounts paid by the Applicant /Allottee towards Consideration Value is less than the
earnest money (being 10% of the Total Consideration), the Applicant / Allottee shall be liable to
pay to the Company the deficit amount. The payment of refund Amount shall be made within a
period of 90 (ninety) days from the date on which such refund becomes due, all as per the
applicable Law.
 The Applicant shall also pay, as and when demanded by the Company, the pro-rata share of any
Value Added Tax (VAT), Goods & Services Tax (GST) or any other statutory taxes, duties, charges,
cesses, levies, and the like as may be applicable to the Project or payments to be made by the

Signature of the Applicant/s


Applicant to the Company (collectively referred to as “Taxes”). The Applicant shall further be
liable to pay any change / modification in Taxes as may be levied by the Government or any
statutory/competent authority, even if such levies are retrospective in effect (but excluding any such
enhancement arising after the committed date of offer of handover of the Unit.
 The heads as mentioned in this Allotment and more particularly the payment schedule are subject to
change as per and as permissible under the applicable laws and more particularly the rules to be
notified by the State Government of Haryana under the Real Estate (Regulation and Development
Act), 2016 and any modifications thereunder.
 On “Notice for Offer of Possession” all other payments due for previous milestones, if not called
for shall become payable within prescribed timelines.
 The sequence of construction milestones are indicative in nature and is subject to change during the
course of construction. While the time linked instalments shall be raised within the given timeframe.
The construction linked demands shall be raised based on the actual stage of construction, which
can be earlier or later to the indicative milestones or in between the time linked instalments as
mentioned in the payment plan and shall be payable on being raised, irrespective of the sequence
mentioned in the payment plan.
 The Applicant / Allottee shall be liable to make instalment payment(s) within the time limit specified
in the Demand Letter notwithstanding the pendency of any other formalities to be complied with by
the Allottee and/or sanction of bank loan etc. Any delay or default in making payment of the
instalments, the Company shall charge interest at the rate of State Bank of India highest marginal
cost of lending rate plus two percent per annum from the due date or as may otherwise be
prescribed under the provisions of Real Estate (Regulation & Development) Act, 2016 (read with
the Haryana Real Estate (Regulation & Development) Rules, 2017 and regulations made
thereunder).
 Stamp duty and registration charges on actuals shall be payable by the Allottee over and above the
Total Consideration.
 It shall be the sole responsibility of Non-Residents Indians/foreign national of Indian origin to
comply with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or
amendments thereto & rules & regulations of the Reserve Bank of India and other competent
authorities and the allottee shall be liable, responsible and accountable for due compliance with all
the legal provisions, as applicable.
 To avoid penal consequences under the Income Tax Act, 1961, where sale consideration for the unit
exceeds ₹. 50,00,000/- (Indian Rupees Fifty Lakhs only), the Allottee is required to comply with
provisions of Section 194 IA of the Income Tax Act, 1961 (effective from 01st June 2013), by
deducting Tax at Source (TDS) @ 1% (one percent) from each instalment/payment. Allottee shall
be required to submit TDS certificate and Challan showing proof of deposition of the same within 7
(seven) days from the date of tax so deposited to the Company so that the appropriate credit may be
allowed to the account of the Allottee.
 Taxation particulars of Luminos Builders Private Limited
PAN No.: AABCL4770CI
ID of GST: 06AABCL4770C1ZT
*Conditions apply
 Here are a few details to keep in mind if you are paying through RTGS
RTGS Details for M3M International Financial Center
Swift Code: ICIBINBBCTS
Bank Name: ICICI BANK LIMITED
Account No.: 039905005760
IFSC Code: ICIC0000399
Account Name: "Luminos Builders Pvt. Ltd. M3M International Financial Center Sales Account”
Bank’s Address: ICICI Bank, Vipul Orchid Plaza, Sector-54, Suncity, Gurugram-122003, Haryana,

Signature of the Applicant/s


SCHEDULE IV
PAYMENT PLAN

Construction-Linked Payment Plan [ ]

Down Payment Plan [ ]

Possession Linked Plan [ ]

Other Plan [ ]
If yes, specify details: ______________________

[Insert Customized Payment Plan]

Signature of the Applicant/s


SCHEDULE V
PARTICULARS OF THE APPLICANT*

My/our particulars are given below for your reference and record:

1. SOLE OR FIRST APPLICANT

Mr. /Ms. /M/s.


Please affix your
photograph here and
S/W/D of sign across it

Nationality:

Date of Birth: / / ; Anniversary date: / / .

Business/Profession:

Status: Resident/Non-Resident/Foreign National/Person of Indian Origin

Income-Tax Permanent Account No. (Photocopy of PAN Card to be


attached) Ward/Circle/Special range and place where assessed to Income Tax:

UID / Aadhar No. (only in case of Resident/Non-Resident):


(Photocopy of UID / Aadhar to be attached)

Mailing Address:

PIN Code:

Tel. No. Fax No.

E-mail Id. Mobile No.

Permanent Address:

Signature of the Applicant/s


PIN Code:

Tel. No. Fax No.

E-mail Id: Mobile No.

Office Name & Address:

DECLARATION: I/We, the Applicant/s, hereby affirm and declare that the above particulars/information
is/are true and correct and nothing has been concealed therefrom. I/We confirm that in case any of the
information and details given by me/us in this Application or otherwise is incomplete or is found incorrect
or false or misleading at any stage, the Company shall be within its rights to reject this Application and/or
cancel the allotment, in pursuance thereof, if done and/or terminate/cancel the Agreement, if executed
without any liabilities and penalties.

2. SECOND APPLICANT

Mr. /Ms. /M/s.


Please affix your
photograph here and
S/W/D of sign across it

Nationality:

Date of Birth: / / ; Anniversary date: / / .

Business/Profession:

Status: Resident/Non-Resident/Foreign National/Person of Indian Origin

Income-Tax Permanent Account No. (Photocopy of PAN Card to be


attached) Ward/Circle/Special range and place where assessed to Income Tax:

UID / Aadhar No. (only in case of Resident/Non-Resident):


(Photocopy of UID / Aadhar to be attached)

Mailing Address:

PIN Code:

Tel. No. Fax No.

E-mail Id. Mobile No.

Permanent Address:

PIN Code:

Signature of the Applicant/s


Tel. No. Fax No.

E-mail Id: Mobile No.

Office Name & Address:

DECLARATION: I/We, the Applicant/s, hereby affirm and declare that the above particulars/information
is/are true and correct and nothing has been concealed therefrom. I/We confirm that in case any of the
information and details given by me/us in this Application or otherwise is incomplete or is found incorrect
or false or misleading at any stage, the Company shall be within its rights to reject this Application and/or
cancel the allotment, in pursuance thereof, if done and/or terminate/cancel the Agreement, if executed
without any liabilities and penalties.
1. SECOND APPLICANT

Mr. /Ms. /M/s.


Please affix your
photograph here and
S/W/D of sign across it

Nationality:

Date of Birth: / / ; Anniversary date: / / .

Business/Profession:

Status: Resident/Non-Resident/Foreign National/Person of Indian Origin

Income-Tax Permanent Account No. (Photocopy of PAN Card to be


attached) Ward/Circle/Special range and place where assessed to Income Tax:

UID / Aadhar No. (only in case of Resident/Non-Resident):


(Photocopy of UID / Aadhar to be attached)
Mailing Address:

PIN Code:

Tel. No. Fax No.

E-mail Id. Mobile No.

Permanent Address:

PIN Code:

Tel. No. Fax No.

E-mail Id: Mobile No.

Office Name & Address:

DECLARATION: I/We, the Applicant/s, hereby affirm and declare that the above particulars/information
is/are true and correct and nothing has been concealed therefrom. I/We confirm that in case any of the
information and details given by me/us in this Application or otherwise is incomplete or is found incorrect
or false or misleading at any stage, the Company shall be within its rights to reject this Application and/or
cancel the allotment, in pursuance thereof, if done and/or terminate/cancel the Agreement, if executed
without any liabilities and penalties.

* The word “Applicant” as used in this Application Form means and includes an individual applicant
and all joint applicants, jointly and severally, as the case may be. This Application is and shall be subject
to the provisions of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016) and the
Haryana Real Estate (Regulation and Development) Rules, 2017 for the State of Haryana (along with
the rules and regulations as may be framed thereunder).
SCHEDULE VI
DOCUMENTS TO BE SUBMITTED ALONG WITH THE APPLICATION FORM

 It is mandatory to affix recent passport size photograph of all the Applicant(s) in designated places in
the Application.
 Documents to be submitted:
Resident of India
• Copy of PAN Card.
• Photograph.
• Current Address Proof.
• Permanent Residential Address.
• Identity Proof (Copy of Passport, Election card, Driving License, Aadhar Card or any other Govt.
Id).
• Proof of Citizenship.
• Any other document/certificate as may be required by the Company.
Partnership Firm/LLP
• Copy of PAN Card of the Partnership Firm.
• Copy of Partnership Deed.
• Office Address Proof.
• In case one of the Partners signs the Application on behalf of the other Partners a letter of
authority from all the other Partners authorizing such partner to act on behalf of the Firm, shall be
required.
Company
• Copy of PAN Card of the Company.
• Memorandum of Association (MoA) and Articles of Association (AoA) duly signed by the
Company Secretary/Director of the Company.
• Proof of registered office address.
• Board Resolution authorizing the signatory of the Application Form to execute the Application
and the Agreement, on behalf of the Company.
NRI/ PIO
• Copy of Individual's Passport/ PIO Card.
• Address Proof.
• In case of Demand Draft (DD), the confirmation from the banker stating that the DD has been
prepared from the proceeds of NRE/NRO account of the Applicant.
• In case of cheque the payments should be received from the NRE/NRO/FCNR account of the
Applicant and not from the account of any third party.
SCHEDULE VII

TERMS AND CONDITIONS OF THIS APPLICATION


(BROAD TERMS AND CONDITIONS OF THE AGREEMENT TO BE EXECUTED)

This Application is subject to the terms and conditions given hereunder and shall be binding on the
Applicant in respect of the Unit. These are also indicative key terms and conditions of the Agreement for
Sale (“Agreement”) to be executed between the Applicant and the Company and are given with a view to
broadly familiarize and acquaint the Applicant with provisions thereof. Detailed terms and conditions shall
be set out in the Agreement. Post the allotment of a Unit by the Company the Applicant shall be referred to
as the Allottee, accordingly wherever the context so requires the term ‘Applicant’ shall be read as ‘Allottee’.

1. Luminos Builders Private Limited (CIN No. U45400UP2008PTC062941), hereinafter referred to


as the “Company”, is having valid and lawful rights in the retail commercial component of the
mixed use Project to be developed by Gentle Realtors Private Limited (CIN No.
U45201HR2006PTC044855) (hereinafter referred as “GRPL”) and accordingly Company is fully
entitled to invite applications and make allotment in its name.
2. GRPL is the absolute owner of the freehold land admeasuring 2.687 acres (1.0878 Hectares) and
further holds legal and valid development rights in land admeasuring approximately 2.156 acres (
0.8728 Hectares) (legal title whereof vests with Mr. Rakesh Kaushik), situated in the revenue estate
of Village Badshahpur, Sector 66, Gurugram - Manesar Urban Complex, Gurugram, Haryana, India
(hereinafter referred to as the “Land”). It is further clarified that the extent of Land as mentioned
hereinabove may be modified by way of addition / deletion of land parcels forming part of Land in
future including addition of land parcels in the land for granting passage / entry / exit in the project
and to the extent as may be acquired / required / desired pursuant / consequent to any directions /
approvals by the Director General, Town and Country Planning, Haryana (“DGTCP”) (formerly
known as Director, Town & Country Planning {“DTCP”}) or any other Government Authority.
3. GRPL has obtained License No. 165 of 2008 dated 08.09.2008 (hereinafter referred to as the
“License”) in the name of GRPL along with the land owner (for which development rights vests in
GRPL) another, from DGTCP / DTCP under the provisions of the Haryana Development and
Regulation of Urban Areas Act, 1975 and the rules made thereunder for using the Land (in aggregate
admeasuring 4.843 Acres) for the construction and development of the Project thereon being a
Commercial Colony in a planned and phased manner over a period of time (“Project”).
4. GRPL is fully entitled to undertake the development of the Project. Further, as per the legally valid
and binding arrangement and understanding between GRPL and the Company, the Company is fully
entitled to severally and / or jointly with GRPL entitled to deal with and market, sell the retail
component area in the Project in its own name and / or jointly with GRPL. Accordingly, the
Company is entitled to accept applications, in its own name and make allotments in the retail area of
the Project, development whereof shall be undertaken by GRPL. GRPL and the Company are fully
bound by such arrangement and understanding for the development of the Project and more
particularly the retail component of the Project. The development and construction on the Land is
subject to the terms & conditions set forth herein. The registration under RERA Act read with H-
RERA Rules has been granted in the name of Gentle Realtors Private Limited and Luminos Builders
Private Limited. Project ‘M3M International Financial Center’ is not being promoted, developed and
/ or sold by M3M India Pvt. Ltd. The use of the word / name / mark ‘M3M’ is under license from
M3M India Pvt. Ltd., user whereof is subject to the brand Licensing arrangement. The use of word
‘M3M’ shall in no manner be construed or interpreted as M3M India Pvt. Ltd. being the Promoter
and / or developer of the Project ‘M3M International Financial Center’.
5. The Company has the right and is fully authorized and empowered to receive applications for sale of
units, make and negotiate terms and conditions for such sale, receive the Total Consideration (as
hereinafter defined) and other payments towards costs, charges and dues as stated in this Application
and the Agreement to be executed in furtherance thereof and/or as otherwise may be due from the
Applicant and to give valid discharge/receipts thereof in its own name, make allotments of units,
execute the Agreement, sign, execute, deliver and register further documentation for the conveyance
and sale of units and other additional/ incidental/ ancillary documents as may be necessary.
6. The Applicant has understood all limitations, restrictions, requirements and obligations of the
Company. The extent of the Said Land may be modified by way of addition/ deletion of land parcels
and merging with the Said Land in future to the extent as may be acquired/ required/ desired
pursuant/ consequent to any directions/ approvals by the Director General, Town and Country
Planning, Haryana (‘DGTCP’) (formerly known as Director, Town and Country Planning
{‘DTCP’}) and/or any other Government Authority(ies)/ Competent Authority(ies) and/or as may be
permissible under the Act and the Rules and the Applicable Law and in the manner as provided
thereunder.
7. ‘M3M International Financial Center’ is a commercial project which is being developed and
constructed as per Applicable Laws and in accordance with the licenses, approvals, permissions,
sanctions etc. from the Competent Authorities/ Government Authorities. ‘M3M International
Financial Center’ is RERA registered project within the meaning of the Act and Rules. The
Company has registered the Project being undertaken on the Said Land under the provisions of the
Act with the Haryana Real Estate Regulatory Authority at Chandigarh / Panchkula and now
Gurugram.
8. DGTCP has granted License No. 165 of 2008 dated 08.09.2008 (as renewed upto date) under the
Haryana Development & Regulation of Urban Areas Act, 1975 (hereinafter referred to as the ‘1975
Act’) and the Haryana Development & Regulation of Urban Areas Rules, 1976, (hereinafter referred
to as the ‘1976 Rules’) for setting up a commercial colony.The Company has obtained the approval
on the final layout plan/ demarcation/ zoning/ site plan, building plan or any other requisite approval
from DGTCP and the building plans have been sanctioned from DGTCP vide Memo No. ZP-
515/SD(BS)2014/4031 dated 22.02.2014.
9. The Company has obtained and shall be further obtaining (as required at the relevant time) further
necessary sanctions, permissions and approvals from the concerned authorities/ Competent
Authority(ies) for ‘M3M International Financial Center’.
10. The Applicant has / have gone through all the terms and conditions of the draft Agreement which has
been made available to him / her / them for his / her / their perusal and understanding at the time of
the Application and the Applicant has / have understood the mutual rights and obligations detailed
therein.
11. The scope of the Agreement shall be limited to the conditions for allotment / sale of the Unit in ‘M3M
International Financial Center’ being developed as per currently approved building plan and for the
consideration agreed herein only. All the amounts as set out in the Application / Schedule / Allotment
Letter and payable by the Allottee in accordance with the Payment Plan are solely in lieu of the
consideration for the transfer/ sale/ conveyance of the Unit so allotted by the Company.
12. The Applicant acknowledges and accepts that the terms and conditions of this Application and those of
the Agreement have been carefully read over and explained to the Allottee with their full legal import
and effect and the Applicant has / have obtained independent advice on all the aspects and features
before deciding to proceed further with the Application. The draft of the Agreement has been made
available to the Applicant at the time of this Application.
13. The Applicant confirms that the Applicant has / have relied on his / her / its / their own independent
judgment, investigation, physical inspection of the Project site and inspection of documents including
relevant sanctioned plans, statutory approvals, the relevant information and details in deciding to make
the present Application, and has / have not based his / her / its / their decision upon and / or has / have
not been influenced by any illustrative architect's plans, advertisements, sales plans and brochures,
representations, warranties, statements or estimates of any nature, whatsoever, whether written or oral
made by or on behalf of the Company. The Applicant confirms that he / she / it / they has / have
obtained appropriate professional advice before proceeding further with this Application. The
Applicant has, without any promise or assurance otherwise than as expressly contained in this
Application, relied upon personal discretion, independent judgment and investigation and being fully
satisfied has decided to enter into this Agreement for the purchase of the Unit. The Allottee further
confirms having considered, reviewed, evaluated and satisfied itself with the specific features of
‘M3M International Financial Center’.
14. The Applicant has represented and warranted to the Company that it has / have the legal and valid
power and authority to apply for the allotment and make this Application and there is no legal restraint
/ impediment in this regard and further the Applicant and / or its spouse / parents / children have never
been accused and / or prosecuted and / or convicted by any Competent Authority, of any offence
relating to money laundering and/or violation of the provisions of Foreign Exchange Management Act,
1999 (erstwhile Foreign Exchange Regulation Act, 1973) or any substitute or derivatives thereof,
Benami Transactions (Prohibition) Amendment Act, 2016 or any substitute or derivatives thereof or
faced action on account of any default with respect to any property allotted in any other project of the
Company or any of the associates/ affiliates of the Company or has instituted any suit or complaint or
criminal or other actions/ proceedings whatsoever against the Company, any of its affiliates or
associates. The Applicant hereby understands and represents that any failure by it to furnish true and
correct information or transparently disclose the true and correct facts with respect to this warranty
shall amount to the breach of this Application and the consequent allotment and the Agreement and the
Applicant shall be liable to all the consequential action there under.
15. It is expressly clarified that the Company has not represented in any manner or intended in any manner
to convey any right or interest outside the boundary of ‘M3M International Financial Center’ /
Project and no impression / representation of any kind has been given to the developments and /
or constructions that may take place outside the boundary of ‘M3M International Financial Center /
Project.
16. The Applicant hereby confirms that he/she/it/they is / are making this Application with full knowledge
of all the Applicable Laws, applicable in the State and those related to the Project ‘M3M
International Financial Center’.
17. The Applicant is satisfied about the rights and interest of the Company to sell and market Units in
‘M3M International Financial Center’ forming part of the Project to be developed on the Said Land
and the rights, interest and title of the Company in the Said Land. The Applicant has understood all the
limitations, restrictions, requirements and obligations in respect thereof.
18. The Applicant confirms having understood that with the change in technology or otherwise the
Company is entitled to speed up the process of construction and that the Applicant agrees and
understands that the sequence of construction milestones as mentioned in the payment plan are
indicative in nature and are subject to change during the course of construction. While the time linked
installments shall be raised in accordance and within the given timeframe, accordingly the Company
has the right to raise the demands based on the actual stage of construction, regard the construction
linked demands, which can be earlier or later to the indicative milestones or in between the time linked
installments as per the opted payment plan as mentioned in the indicative payment plan and shall be
payable on being raised, irrespective of the sequence mentioned in the payment plan.
19. The Applicant agrees to sign, execute and deliver the definitive documents including but not limited to
the Agreement and a separate maintenance agreement, any other papers, documents, undertakings and
declarations, in the standard format, as may be required by the Company and/or the nominated
maintenance agency and/or registered Association of Allottees for the maintenance and upkeep of
‘M3M International Financial Center’ as and when required along with declarations and
undertakings contained therein. The Applicant accepts that the execution of the said documents shall
be a condition precedent to the execution of the Conveyance Deed for the Unit.
20. The Applicant shall make the payment of the Total Consideration with respect to the Unit as
mentioned in Schedule III of this Application Form as per the opted Payment Plan and / or as may
otherwise be communicated by the Company from time to time. The Applicant shall further be liable
to pay any enhancements in any tax/charges including any fresh incidence of tax as may be levied by
the Government or any Statutory Authority / Competent Authority, even if such levies are
retrospective in effect, as and when demanded by the Company on the Carpet Area of the Unit. The
Applicant shall further make payment of registration charges, stamp duty and other incidental expenses
as and when the Conveyance Deed is executed by the Company.
21. The Applicant has / have understood the Total Consideration as laid down in Schedule III of this
Application Form.
22. The term ‘Carpet Area’ shall have the same meaning ascribed to it under the Act and the Rules.
Further, the term ‘Common Areas’ shall have same meaning as ascribed to it in sub-section (n) of
section 2 of the Act read with rule 2(1)(f) of the Rules. ‘Declaration’ shall mean the declaration
(including any modification/ amendment thereto), filed or to be filed by the Company with regard to
‘M3M International Financial Center’ / Project under the Haryana Apartment Ownership Act, 1983,
with the Competent Authorities with regard to the said ‘M3M International Financial Center’ /
Project.
23. The term ‘Development Charges’ or ‘DC’ shall mean the amount payable by the Allottee to the
Company with regard to the Unit in ‘M3M International Financial Center’ / Project towards
carrying out the development works inside or around the Project, including but not limited to:
(i) ‘External Development Charges’ (‘EDC’) and ‘Infrastructure Development Charges’ (‘IDC’)
at present rates with respect to rates levied by DGTCP for the Project, whether in lump sum or
installments (as per the applicable policy), including any revision thereof even if retrospective in
effect; and all costs and any interest paid and/or payable thereon;
(ii) ‘Infrastructure Augmentation Charge’ (‘IAC’) as presently notified/ conveyed and/or
demanded by DGTCP, Competent Authority or the Government of Haryana with respect to the
Project, whether in lump sum or installments (as per the applicable policy), including any revision
thereof even if retrospective in effect; and all costs and any interest paid and/or payable thereon;
(iii)The cost of such other development / construction works as may be undertaken by the Company
within or around the Project that are not charged specifically elsewhere;
(iv) Any revision in any of the above even if retrospective in effect; and all costs and interest on such
amounts till the date of demand to the Allottee at the rate mentioned in License conditions issued
by DGTCP for the Project;
(v) Cost incurred by the Company on the capital invested in making the payment of any of the
Development Charges. Such cost shall be determined at the rate of 15% (fifteen percent) per
annum.
24. ‘Maintenance Agency’ shall mean either the Company or the Association of Allottees or any third
party employed / hired / engaged / nominated by the Company / Association of Allottees for the
purposes of carrying out the maintenance and upkeep of ‘M3M International Financial Center’ /
Project and to provide maintenance services in ‘M3M International Financial Center’/ Project.
‘Maintenance Agreement’ shall mean the maintenance agreement to be executed by the Allottee with
Maintenance Agency and/or registered RWA upon offer of possession of the Unit by the Company to
the Allottee, in the format prescribed by the Maintenance Agency or its appointed agency or nominee /
registered RWA, which shall be applicable to and binding for all the Unit owners / and occupants of
the Tower/ ‘M3M International Financial Center’ / Project. The Maintenance Agreement shall be
executed for the purposes of upkeep and regular maintenance of the ‘M3M International Financial
Center’ / Project, as it derives its prestige, esteem and appeal from the ambience and high standards
maintained at ‘M3M International Financial Center’ / Project and the proper up-keep and
maintenance is an inseparable aspect of such prestige, esteem and appeal of the Unit and ‘M3M
International Financial Center’ / Project.
25. The Total Consideration as mentioned in the Allotment Letter followed by the Agreement will include
Taxes (GST and cess or any other taxes/ fee/ charges/ levies etc. which may be levied, in connection
with the development / construction of the said ‘M3M International Financial Center’ paid /
payable by the Company upto the date of the handing over of the possession of the Unit along with car
parking, if applicable to the Allottee or the Competent Authority, as the case may be, after obtaining
the necessary approvals from the Competent Authority for the purposes of such possession. Provided
that, in case there is any change/modification in the taxes / charges / fees / levies etc., the subsequent
amount payable by the Allottee to the Company shall be increased / decreased based on such change
/modification. Provided further, if there is any increase in the taxes / charges / fees / levies etc., after
the expiry of the scheduled date of completion of the Project as the registration with the Authority,
which shall include the extension of the registration, if any, granted to the development ‘M3M
International Financial Center’ by the Authority, as per the Act, the same shall not be charged from
the Allottee unless otherwise permitted by applicable law.
26. Taxes, levies, cess and charges, if any, as applicable on the payments to be made by the Allottee to the
Company for the sale of Unit to the Allottee, shall be payable by the Allottee as applicable from time
to time as per the applicable rates.
27. In case, the Company/ Maintenance Agency/ Association of Allottees obtains bulk supply of electrical
energy/ water for ‘M3M International Financial Center’ / Project, then the Allottee undertakes to
pay on demand its proportionate share of connection charges thereof including all deposits thereto, if
applicable in accordance with provisions of the Act.
28. The Total Consideration is escalation-free, save and except increases which the Allottee agrees to pay,
including increase in any of the components forming part of any charges whatsoever, to the extent
payable to the Competent Authority and / or any other increase in charges which may be levied or
imposed by the Competent Authorities from time to time, which the Allottee shall be liable to pay
proportionately along with other allottees in ‘M3M International Financial Center’, as applicable. In
case of any decrease (including with retrospective effect, if any) in any of the components forming part
of any charges whatsoever that may be notified by the Competent Authorities, the same shall be
adjusted proportionately in favour of the Allottee, and such adjustment shall be made from the next
installment due from the Allottee following the intimation of such decrease by the Company /
Competent Authority, as the case may be.
29. The Company and GRPL shall not make any material additions and alterations in the sanctioned
building plans, layout plans / demarcation-cum-zoning plans and the specifications, amenities and
facilities as described in the Agreement in respect of the Unit or Tower, as the case may be, without
the previous written consent of the Allottee as per the provisions of the Act and Rules made thereunder
and / or as per the approvals / instructions / guidelines of the Competent Authorities. Provided that, the
Company may make such minor additions or alterations as may be required by the Allottee, or such
minor changes or alterations as per the provisions of the Act and Rules made thereunder or as per the
approvals / instructions / guidelines of the Competent Authorities, or such other changes as may be
required to make the enjoyment of ‘M3M International Financial Center’ comfortable and
convenient for the Allottees / occupants / users at large.
30. The Company shall confirm the final Carpet Area and the applicable final Super Area of the Unit that
will be allotted to the Applicant after the construction of the Tower/ Unit, as the case may be, in ‘M3M
International Financial Center’ is complete and the occupancy certificate/ part occupation certificate
(as the case may be) is granted by the Competent Authority. The Total Consideration payable for the
Unit after taking into account the revised Carpet Area shall be recalculated upon confirmation by the
Company and appropriate adjustment shall be carried for the amount paid by the Applicant / Allottee.
If the increase in the Carpet Area of the Unit is more than 5% (five percent) and such variation is not
acceptable to the Applicant / Allottee, every attempt shall be made to offer an alternate Unit of a
similar size and nature within ‘M3M International Financial Center’ / Project, subject to
availability. In the event that such an alternate Unit is available and the Applicant / Allottee accepts
such alternate Unit, the applicable Total Consideration resulting due to such changed location /
alternate Unit shall be payable or refundable, as the case may be. No other claim, monetary or
otherwise, shall lie against the Company. In the event, the Applicant / Allottee does not accept such
alternate Unit or if there is no other Unit of a similar size and nature at another location within ‘M3M
International Financial Center’ / Project, the Applicant / Allottee shall be refunded the actual
amounts received against the Total Consideration along with interest thereon, at the rate prescribed in
the Rules, which shall be full and final satisfaction and settlement of all claims / demands of the
Applicant / Allottee and no other claim, monetary or otherwise shall lie against the Company and the
Unit.
31. 10% (Ten Percent) of the Total Consideration shall constitute the ‘Earnest Money’ / ‘Booking
Amount’.
32. The Applicant hereby agrees that due performance of all the obligations under this Application
including the timely payment of the Total Consideration and other applicable dues / charges /
payments and adherence to the opted Payment Plan shall be the essence of this Application. The
Applicant shall also be liable to make timely payment of the amount(s) due and payable by the
Applicant by the respective due dates for such payments failing which the Company shall be entitled
to cancel the allotment and terminate the Agreement, if executed, at its sole discretion and forfeit an
amount equivalent to the Earnest Money and recover such other amounts due and payable to the
Company including any interest accrued on delayed installments and any fee / brokerage / commission
/ margin / any rebates availed earlier that may have been paid by the Company to an Indian Property
Associate / Channel Partner (in case the Application is made through an Indian Property Associate /
Channel Partner) and thereafter, refund the balance amount, if any, without any interest or any other
compensation of any nature whatsoever, without interest or compensation within 90 (ninety) days of
such cancellation. Upon such cancellation, the Applicant shall be left with no right, lien or interest
whatsoever over and in the Unit and the parking spaces in any manner whatsoever. However, in its
sole discretion, the Company may condone any delay or default in making payment of the instalments,
and the Company shall charge interest at the rate of State Bank of India highest marginal cost of
lending rate plus two percent per annum from the due date or as may otherwise be prescribed under the
provisions of Act and Rules.
33. In the event the Applicant fails, neglects and / or otherwise delays payment of any of the installments
or other dues and charges then, notwithstanding anything to the contrary, the Company shall have the
right to cancel the allotment of the Unit at its sole discretion at any time after such default occurs. As
permissible under the Applicable Law, the Company may, at its sole option and discretion, waive such
failure, neglect and / or delay in any such payment upon the condition that the Applicant / Allottee
shall, over and above the outstanding payment, also pay interest at the rate which shall be the State
Bank of India highest marginal cost of lending rate plus two percent on the payment due for the period
reckoned from the due date of such payment till the date of payment by the Applicant to the Company
, provided that if payment is made through cheque the same shall be encashed on presentation by the
Company. The Applicant / Allottee agrees that timely payment of installments is the essence of the
arrangement and understanding of the Applicant / Allottee with the Company and the Company is
bound to deliver ‘M3M International Financial Center’ / Project in timely manner, and for which
purposes the Company may avail of funding for development of ‘M3M International Financial
Center’ / Project, which entails huge financial implications for the Company.
34. The Company shall adjust any payment received from the Applicant first towards statutory levies and
then towards interest on overdue installments, thereafter towards overdue installments or any other
outstanding demand and finally the balance, if any, towards the current payable installment or current
dues.
35. The Applicant / Allottee shall have the right to the Unit along with parking space, if any, as mentioned
below:
(i) The Applicant / Allottee shall have exclusive ownership of the Unit to be used as a commercial /
retail space only along with the car parking space(s), as applicable.
(ii) The Applicant / Allottee shall have the undivided proportionate share in the Common Areas as
provided for under the Act read with Rule 2(1)(f) of Rules (as finally notified and made
applicable). The share/ interest of Applicant / Allottee in the Common Areas cannot be divided or
separated, the Allottee shall use the Common Areas along with other Allottees, occupants,
maintenance staff etc., without causing any inconvenience or hindrance to them. The Common
Areas and the undivided proportionate share of the Applicant / Allottee therein shall be specified
by the Company under the Declaration to be filed under the Haryana Apartment Ownership Act,
1983. The Company shall hand over the Common Areas to the Association of Allottees/
Competent Authorities, as the case may be, after duly obtaining the occupation certificate/ part
occupation certificate/ part completion certificate/ completion certificate from the Competent
Authority, as the case may be, as may be as provided in the Rule 2(1)(f) of Rules.
(iii) The Applicant / Allottee shall have the right to exclusive use but no title to the allotted car
parking space(s), if any.
(iv) The Applicant / Allottee has the right to visit ‘M3M International Financial Center’ / Project
site to assess the extent of development of ‘M3M International Financial Center’ / Project and
his Unit, but will follow the safety guidelines of the Company including the proper
documentation, if any, for such visit.
36. The Unit along with the car parking space(s), if any, shall be treated as a single indivisible unit for all
purposes, and none can be transferred by the Applicant / Allottee independent of the other. The right to
use of any additional parking spaces may be granted upon request on a first-come-first-served basis but
at the sole discretion of the Company, subject to availability and upon payment of such charges as may
be decided by the Company. The Company’s decision in this regard shall be final and binding.
37. In case the Company enriches / enhances the specifications of the Unit on the express instructions and
advise of the Applicant / Allottee as accepted by the Company and / or provides additional amenities
and facilities over the norms specified by the Competent Authority in this regard, then the Company
shall be entitled to raise the demand of such additional sums for such additional service(s) /
specification(s) to the Allottee as additional costs and charges and the Applicant / Allottee agrees to
pay the same to the Company , without any delay, demur and protest.
38. In case the Company is required to make any additional provisions for and additional / specific
provisions of certain specifications for and in relation to the Units and / or for any additional features
and services at ‘M3M International Financial Center’ / Project (including installation or make
provision for alternate sources of generation / distribution of electricity or additional fire safety
measures over and above those required as per existing rules and regulations), which results from any
directives / instructions of the Competent Authority under the Applicable Law (but not occasioned due
to any default of the Company), then the Company shall be entitled to raise the demand of such
additional sums for such additional specification(s) to the allottees of the Units as additional costs and
charges and the Allottee agrees to pay the same proportionately to the Company , without any delay,
demur and protest.
39. The Company and GRPL will carry out the internal development within ‘M3M International
Financial Center’ / Project, which inter alia, includes laying of roads, water lines, sewer lines,
electrical lines etc. However, it is understood that external linkages for these services beyond the
periphery of the said land, such as water lines, sewer lines, storm water drains, roads, electricity, and
other such integral services are to be provided by the Competent Authorities. The Company and GRPL
are dependent on the Competent Authorities for providing such external linkage and the Company
shall not be responsible for such unfinished works, save and except towards payment of EDC or
similar charges to the extent set out herein. In the event the Competent Authorities are not able to
provide such external facilities by the time the Unit is handed over to the Applicant / Allottee, then the
Applicant / Allottee agrees and understands that such services and facilities shall have to be availed
through Third Party agencies/ vendors (such as, power-back up facility through DG sets and water
tanker facilities) for which charges shall be payable by all the Allottees, as determined by the
Company / Association of Allottees.
40. The Unit applied for, along with ‘M3M International Financial Center’ / Project, shall be subject to
the Haryana Apartment Ownership Act, 1983 applicable in the State of Haryana, if any, or any
statutory enactments or modifications thereof. The Common Areas and Facilities and the undivided
interest of each Unit owner in the Common Areas, as specified by the Company in the Deed of
Declaration which may be filed by the Company in compliance of Haryana Apartment Ownership Act,
1983 or any statutory enactments or modifications thereof, shall be conclusive and binding upon the
owners of the Units and the Applicant confirms that area of the Unit, his / her / its / their right, title and
interest in the concerned Unit / Tower in ‘M3M International Financial Center’ / Project shall be
limited to and governed by what is specified in the Deed of Declaration. In this regard, it is made clear
by the Company and fully understood by the Applicant that the Deed of Declaration to be filed in
compliance of Haryana Apartment Ownership Act, 1983 shall be in consonance with other clauses
contained herein / the Agreement.
41. The Applicant hereby confirms and agrees that the Company shall be liable and responsible only for
and in relation to the written communication through its authorized personnel and Company, its
officials and authorised representatives shall in no manner be liable and bound by any communication
in any form exchanged between the Allottee and real estate agent and / or any third parties and/or
Person and / or any agreement or understanding arrived at with the aforesaid persons.
42. The Applicant shall also pay, as and when demanded by the Company, Goods & Services Tax (GST),
Works Contract Tax (WCT) or any other statutory taxes, duties, charges, cesses, levies and the like as
may be applicable to the Unit and / or the Applicant in relation to the Unit. The Applicant agrees and
understands that in the event any property tax or the like is assessed separately in respect of the Unit,
the same shall be payable by the Applicant, to the concerned authority.
43. The Applicant is aware that the Total Consideration is payable as per the Carpet Area of the Unit as
defined in Section 2(k) of the Act. The term ‘Carpet Area’ shall mean the net usable floor area of an
Unit, excluding the area covered by the external walls, areas under services shafts, exclusive balcony
or verandah area and exclusive open terrace area, but includes the area covered by the internal partition
walls of the Unit.
44. The Applicant agrees and understands that the Applicant shall only have undivided proportionate
interest in the Project Land (excluding the basement reserved for car parking and services), subject to
the rights of the Company to undertake further development of the Land or part thereof as may be
permissible. It is further agreed and understood that the Applicant has / have not been represented with
or warranted that it shall have any kind of right, title or interest of any kind whatsoever on any other
land, buildings, common areas, facilities & amenities falling outside the Project Land save and except
use of the specific facilities and amenities which have been specifically earmarked common for all the
phases of the Project. It is further agreed by the Applicant that the Unit is indivisible and is not
partitionable/ divisible under any circumstances.
45. The Applicant understands and agrees that (i) this Application and allotment pursuant thereto shall be
strictly restricted to FAR that may have been allocated / utilized with respect to the Super Area of the
Unit only and not for any other FAR of any nature whatsoever and the Applicant has no right of any
nature whatsoever in the unallocated / balance / unutilized FAR in the Project Land / Land; (ii) if FAR
is increased from time to time due to any addition of land parcel to the Project Land / Land or
enhancement in FAR due to any Government's / Statutory Authority's directions from time to time,
then such increased / enhanced FAR on the Project Land / Land and all the rights in the increased /
enhanced FAR shall vest with the Company and / or its / their subsidiaries/ associates exclusively, and
shall be in addition to the unallocated / balance / unutilized FAR. The Company shall be the sole
beneficiary / owner of and have the unfettered rights towards the presently unallocated / balance /
unutilized FAR and the increased / enhanced FAR in the Project Land / Land including any portion
thereof.
46. Subject to the terms of the Agreement and the Company abiding by the construction / development
milestones, the Applicant / Allottee shall make all payments, on written demand by the Company,
within the stipulated time as mentioned in the Payment Plan through A/c Payee cheque / demand draft
/ bankers cheque or online payment (as applicable) in designated account. The date of clearing of the
instrument / receipt through permissible electronic transfer mode shall be deemed to be the date of
payment. Bank charges for outstation cheques shall be borne by the Applicant / Allottee and credit
shall be granted from the date of actual receipt of funds.
47. The Applicant / Allottee is under legal obligation as per provisions of Section 194 IA of the Income
Tax Act, 1961 (effective from 01st June, 2013) to deduct tax at source (TDS) @ 1% (one percent) from
each instalment / payment. The Applicant / Allottee shall be required to submit TDS certificate and
challan showing proof of deposit of the same within 7 (seven) days from the date of remittance of
payment to the Company so that the appropriate credit may be allowed to the account of the Allottee.
48. The Applicant / Allottee shall make all payments in time as per the Payment Plan opted by the
Applicant / Allottee and other applicable dues as may be demanded by the Company from time to
time.
49. The Applicant / Allottee also understands and agrees to be liable and responsible for all payments
including any payments by any Third Party (on his/her/their behalf) made to the Company in respect of
the Unit.
50. In case the Applicant / Allottee has opted for a construction-linked payment plan, the Company,
subsequent to time-linked installments, shall send call / demand notices for installments at the address /
e-mail of the first-named Applicant / Allottee available in the records of the Company, and such call /
demand notices shall be deemed to have been received by the Applicant / Allottee: (i) within five (5)
days of dispatch by the Company, in case sent by speed post / courier; and (ii) immediately, in case
sent by e-mail. It is understood and accepted by the Applicant / Allottee that time linked demands
including excavation shall be common for ‘M3M International Financial Center’ / Project and it is
only upon start of construction that demands shall be governed by construction-linked payment plan.
51. The Applicant / Allottee understands and agrees that although the Applicant / Allottee may obtain
finance from any financial institution/ bank / entity or any other lawful source for the purchase of the
Unit as may be permissible under Applicable Law however the obligation to make timely payments for
the Unit pursuant to the Agreement shall be that of the Applicant / Allottee and shall not be contingent
upon the ability, capacity or competence of the Applicant / Allottee to obtain or continue to obtain
such financing. The Applicant / Allottee shall, regardless of any financing, remain bound under the
Agreement for fulfilling all obligations relating to the payments of all dues relating to the Unit. The
rights of the financial institution/ bank/ entity shall be subservient or equivalent to the rights of the
Applicant / Allottee under the Agreement and shall not be more or better than that of the Applicant /
Allottee. The Allottee agrees and understands that the Company shall not be under any obligation
whatsoever to make any financial arrangements for the Applicant / Allottee and the Applicant /
Allottee shall not omit, ignore, delay, withhold, or fail to make timely payments due and payable to the
Company in accordance with the Payment Plan on the grounds of non-availability, rejection, non-
disbursement, delay in sanction or disbursement of any bank loan or finance and / or for any reason
whatsoever and if the Applicant / Allottee fails to make timely payments due to the Company , then the
Company shall have the right to exercise all the rights and remedies as available to it under the
Applicable Law. In the event any loan facility has been availed by the Applicant / Allottee the
Conveyance Deed shall be executed only upon receipt of the no-objection certificate from such bank /
financial institution / entity. Further, any refund to be made in terms of the Agreement, shall be made
to the Applicant / Allottee strictly in terms of the financial arrangement and understanding and the
lending facility agreement entered into between the Applicant / Allottee and his bank/ financial
institution/ Non-Banking Financial Company / other lending institution / lending entity from whom the
Applicant / Allottee has raised loan/ finance for purchase of the Unit. In cases of any such refund being
made by Company directly to the bank / financial institution / Non-Banking Financial Company / other
lending institution / lending entity, the same shall be deemed as a refund to the Applicant / Allottee in
full and final satisfaction and settlement of account of the Applicant / Allottee in respect of and in
relation to the Unit against the Applicant / Allottee as well as such bank / financial institution / Non-
Banking Financial Company / other lending institution / lending entity and no other claim, monetary or
otherwise shall lie against the Company and the Unit. Save and except in the case of any bank /
financial institution / entity with whom any agreement has been separately executed for financing the
Unit, if any, the Company shall not accept any payments on behalf of the Applicant / Allottee from a
Third Party, unless the same is accompanied with a no-objection certificate from such Third Party as
per the approved format of the Company , failing which the Company may in its sole discretion reject
the same and return the said payment directly to said Third Party. The Company shall not be
responsible towards any Third Party that has made payments or remittances to the Company on behalf
of the Applicant / Allottee and any such Third Party shall not have any right, title and / or interest
against the Unit and / or under the Agreement whatsoever. The Company shall communicate only with
the Applicant / Allottee and shall issue its payment receipts only in the name of and to the account of
the Applicant / Allottee.
52. Timely payment and execution of the required documents by the Applicant / Allottee shall be of
essence. The Applicant / Allottee shall pay the amounts due within the due dates as per the Payment
Plan. The Company shall abide by the time schedule for completing ‘M3M International Financial
Center’ / Project and towards handing over the Unit along with car parking space(s), if any, to the
Applicant / Allottee and the Common Areas to the Association of Allottees or the Competent
Authority, as the case may be as provided under Rule 2(1)(f) of the Rules. Possession of the Unit along
with the car parking space(s), if any, shall be offered to the Applicant / Allottee and the Common
Areas to the Association of Allottees or the Competent Authority, as the case may be, as provided
under the Act and Rule 2(1)(f) of the Rules, 2017 as per the agreed timelines.
53. The Applicant / Allottee shall not raise any objection, or refuse to take possession of the Unit on any
pretext whatsoever, if the possession of the same is being offered duly completed with all
Specifications, Amenities, Facilities any time prior to the committed time.
54. The Company assures to offer the handover of possession of the Unit along with the parking (if
applicable) if any as per the agreed terms and conditions, unless there is a delay due to Force Majeure,
court orders, Government Policy / guidelines, policy / guidelines of Competent Authorities, decisions
affecting the regular development of ‘M3M International Financial Center’ / Project or any other
event/ reason of delay recognized or allowed in this regard by the Authority, duly completed with all
Specifications, Amenities, Facilities, prior to the expiry of the committed period. If, the completion of
‘M3M International Financial Center’ / Project is delayed due to any of to the above conditions,
then the Applicant / Allottee agrees that the Company shall be entitled to the extension of time for
delivery of possession of the Unit, provided the above conditions are not of the nature which makes it
impossible for the agreement to be performed.
55. The Applicant / Allottee agrees and confirms that, in the event it becomes impossible for the Company
to implement ‘M3M International Financial Center’ / Project due to Force Majeure and above
mentioned conditions, then the allotment shall stand terminated and the Company shall refund to the
Applicant / Allottee the entire amount received by it from the allotment within 90 (ninety) days from
the date of such cancellation. The Company shall intimate the Applicant / Allottee about such
termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the
Applicant / Allottee, the Applicant / Allottee agrees that he / she / they shall not have any rights, claims
etc. against the Company and that the Company shall be released and discharged from all its
obligations and liabilities under the Agreement. Subject to the Applicable Law, if on account of any
reasonable and justifiable reason the development of ‘M3M International Financial Center’ / Project
in which the Unit has been booked by the Allottee cannot be proceeded with further, then in such an
the event, the Applicant / Allottee shall be offered with a development of the same strata in any other
project of the Company or its associates / affiliates or any third party so as to place the Allottee in a
same justifiable position as under the Agreement.
56. The Company shall, upon obtaining the occupancy certificate or part thereof of the building blocks in
respect of ‘M3M International Financial Center’ / Project along with the parking (if applicable)
from the Competent Authority and within 3 (three) months from the date of the said approval (issue
and receipt of occupancy certificate / part occupancy certificate), subject to payment of the Total
Consideration by the Applicant / Allottee along with interest for delayed payment as may be applicable
thereon, call upon the Allottee in writing (“Notice for Offer of Possession”) to take possession of the
Unit and to execute necessary indemnities, undertakings, maintenance agreement and other
documentation as the Company may prescribe. The payment demands pursuant to the Notice for Offer
of Possession shall be made within the time period as prescribed in the demand notice.
57. Prior to handover of possession, the Applicant / Allottee and the Company agree to conduct a joint
inspection of the Unit so that in the event of any incomplete works, defects, poor workmanship therein,
the same can be attended to by the Company. If the Applicant / Allottee ignores, neglects or otherwise
fails to do so and / or if the Applicant / Allottee fails to pay all dues payable under the Agreement and /
or to assume possession of the Unit within such prescribed time period, the Applicant / Allottee shall
not be entitled to make any such claim at any point thereafter. The Applicant / Allottee agrees that it
shall resolve complaints, if any, with regard to the construction or quality of workmanship of the Unit
which have been directly executed by the Company, prior to assuming possession. The Applicant /
Allottee also agrees and understands that the Company shall not be held responsible or liable for
giving any warranty of movable items / appliances which have been part of the Unit and for which
manufacturer of the said items is responsible such as air conditioners, fittings, fixtures cables, wires,
bulbs etc. as the same shall be governed by the terms and conditions of the manufacturer and
warranties attached thereto, provided the Company has taken reasonable quality checks and balances
at the time of their installation. The usage of all the fixtures, fittings and other installations whether in
terms of the Agreement or otherwise shall be as per the usage guidelines as provided by the Company /
the manufacturer / the Maintenance Agency / the Association of Allottees.
58. The Applicant / Allottee shall only be entitled to the possession of the Unit after making the complete
payment of the Total Consideration and Other Charges as laid down in Schedule III. Under no
circumstances, the possession of the Unit shall be handed over to the Applicant / Allottee unless the
entire Total Consideration and Other Charges in terms of / under the Agreement which are due are paid
in full, along with interest due, if any, have been made by the Applicant / Allottee in accordance with
the terms of the Agreement.
59. From the date of taking over of possession, the Applicant / Allottee shall be responsible to comply, and
cause compliance by his occupants, representatives and / or any other person claiming under him, with
all Applicable Laws and provisions of the Conveyance Deed and the maintenance agreement.
60. Upon receiving a written intimation i.e. the Notice for Offer of Possession from the Company, the
Applicant / Allottee shall take possession of the Unit from the Company by executing necessary
indemnities, undertakings and such other documentation as prescribed in the Agreement, and the
Company shall give possession of the Unit to the Applicant / Allottee as per the terms and conditions
of the Agreement. In case the Applicant / Allottee fails to comply with the essential documentation,
undertaking etc. and / or fails to take possession within the time provided, then (i) the Applicant /
Allottee shall continue to be liable to pay the specified dues (including the maintenance charges and
holding charges @ Rs. 10 (Rupees Ten Only) per sq. ft. per month of the Carpet Area of the Unit
(“Holding Charges”) for the entire period beyond such period as provided for in the Notice for Offer
of Possession within which the Applicant / Allottee has been advised to take the possession; and (ii)
the Company shall postpone the execution of Conveyance Deed and handing over possession of the
Unit until the entire outstanding dues along with interest for delayed payment, applicable maintenance
charges and holding charges as may be applicable thereon, have been fully paid. Such Holding
Charges shall be a distinct charge unrelated to and in addition to the maintenance or any other charge.
If the Applicant / Allottee fails to pay all dues payable and/ or to assume possession of the Unit within
the prescribed time period, the Unit shall be and remain at the sole risk and cost of the Applicant /
Allottee. Maintenance charges with respect to the Unit shall be applicable and payable by the
Applicant / Allottee with effect from the last date given in the Notice for Offer of Possession,
irrespective of whether the possession of the Unit has been assumed or not by the Allottee.
61. The Applicant / Allottee agrees and undertakes not to modify the Unit, make any structural change and
/ or raise any construction within the Unit or otherwise encroach upon or occupy any Common Areas
or any other area outside the Unit.
62. The basement(s) and service areas, if any, as located within the Project shall be earmarked for purposes
such as parking spaces and services including but not limited to electric sub-station, transformer, DG
set rooms, underground water tanks, pump rooms, maintenance and service rooms, firefighting pumps
and equipment’s etc. and other permitted uses as per sanctioned plans and as permissible under
Applicable Law. The Applicant / Allottee shall not be permitted to use the services areas and the
basements in any manner whatsoever, other than those earmarked as its car parking spaces, and the
same shall be reserved for use by the Association of Allottees formed by the allottees, Maintenance
Agency /Competent Authority for rendering maintenance services.
63. The Applicant / Allottee shall use the Unit only for shops and retail establishment or commercial
purposes for which it is allotted and in a manner that does not cause nuisance and/or annoyance to
other occupants of the Tower / Building / Project. Use of the Unit shall not be against public policy
and/or for any unlawful, illegal or immoral purposes and/or for any temporary or permanent storage of
any hazardous, toxic, combustible or inflammable materials and chemicals and/or for any purpose
which is likely to cause any damage to any flooring, wall or ceiling of the Unit and/or to any unit(s)
above, below or adjacent to the Unit and/or anywhere in the Tower / Building / Project and/or which in
any manner interferes with and/or obstructs the use of the Common Areas, except to the extent
permissible under the Applicable Law for which the due permission, approval, sanction, permit,
registration etc. if any required by the Applicant / Allottee shall be obtained from the Competent
Authorities / Association of Allottees and prior notice thereof shall be given to the Association of
Allottees / the Maintenance Agency / the Competent Authority, as the case may be.
64. The Applicant / Allottee shall have the right to cancel / withdraw his allotment as provided in the Act.
Where the Allottee proposes to cancel / withdraw from ‘M3M International Financial Center’ /
Project without any fault of the Company, the Company herein is entitled to forfeit the Earnest Money
(being 10% of the Total Consideration) and interest component on delayed payment (payable by the
Applicant / Allottee for breach and non-payment of any due payable to the Company) and brokerage
and any rebates availed earlier / margin / incentive paid to a Indian Property Associate / Channel
Partner in case the booking is made through a Indian Property Associate / Channel Partner. The
balance amount of money paid by the Applicant / Allottee shall be returned by the Company to the
Applicant / Allottee, without interest or compensation within 90 (ninety) days of such cancellation.
65. The Company shall compensate the Allottee in case of any loss caused to him due to defective title of
the land, on which ‘M3M International Financial Center’ / Project is being developed or has been
developed, in the manner as provided under the Act and the claim for interest and compensation under
this provision shall not be barred by limitation provided under any law for the time being in force.
66. Except for occurrence of Force Majeure, court orders, Government Policy / guidelines, policy /
guidelines of Competent Authorities, decisions affecting the regular development of ‘M3M
International Financial Center’ / Project or any other event / reason of delay recognized or allowed
in this regard by the Authority, if any, if the Company fails to complete or is unable to give possession
of the Unit:
(i) in accordance with the terms of the Agreement, duly completed by the date specified therein;
(ii) due to discontinuance of his business as a developer on account of the suspension or revocation of
the registration under the Act; or for any other reason; the Company shall be liable, on demand to
the Allottees, in case the Applicant / Allottee wishes to withdraw from ‘M3M International
Financial Center’ / Project, without prejudice to any other remedies available, to return the total
amount received by Company in respect of the Unit, with interest at the rate prescribed in the
Rules including compensation in the manner as provided under the Act with the 90 (ninety) days
of its becoming due.
(iii) If the Applicant / Allottee does not intend to withdraw from ‘M3M International Financial
Center’ / Project, the Company shall pay the Applicant / Allottee interest at the rate prescribed in
the Rules for every month of the delay, till the offer of possession of the Unit, which shall be paid
by the Company to the Applicant / Allottee within 90 (ninety) days of its becoming due.
67. Subject to the Force Majeure, court orders, Government Policy / guidelines, policy / guidelines of
Competent Authorities, decisions affecting the regular development of ‘M3M International Financial
Center’ / Project herein or any other event/ reason of delay recognized or allowed in this regard by the
Authority, if any, the Company shall be considered under a condition of default, in the following
events:
(i) the Company fails to provide ready to move in possession of the Unit along with parking (if
applicable), if any to the Applicant /Allottee or fails to complete ‘M3M International Financial
Center’ / Project prior to the expiry of committed period;
(ii) Discontinuance of Company’s business as a developer on account of suspension or revocation of
his registration under the provisions of the Act or the rules or regulations made thereunder.
In case of Default by the Company under the conditions listed above, the Applicant /Allottee is entitled
to the following:
(i) Stop making further payments of any payment / future instalment (yet to be due) as per the
Payment Plan, as and when demanded by the Company. If the Applicant / Allottee stops /
suspends making payments, and if the Company subsequently rectifies / remedies the default /
corrects the situation by completing the relevant construction / development milestones and only
thereafter, the Applicant /Allottee shall be required to make the next payment and re-commence
the payment of such outstanding instalments without any interest for the period of such delay on
account of the Company ; or
(ii) The Applicant /Allottee shall have the option of terminating the Agreement in which case the
Company shall be liable to refund the entire money paid by the Applicant /Allottee under any
head whatsoever towards the purchase of the Unit, along with interest at the rate prescribed in the
Rules within prescribed time under Act and Rules.
Provided that where an Applicant / Allottee does not intend to withdraw from ‘M3M International
Financial Center’ / Project or terminate the Agreement, he shall be paid, by the Company, interest at
the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the
Unit, which shall be paid by the Company to the Applicant / Allottee within prescribed time (under
Act and Rules) of it becoming due.
68. The applicant / Allottee shall be considered under a condition of Default, on the occurrence of the
following events:
(i) In case the Applicant / Allottee fails to make payments for two consecutive demands made by the
Company despite having been issued notice in that regard the Applicant / Allottee shall be liable
to pay interest to the Company on unpaid amount at the rate prescribed in the Rules.
(ii) In case of default by the Applicant / Allottee continues for a period of 90 (ninety) days after
notice from the Company in this regard, the Company may cancel the allotment of the Unit and
refund the money paid by the Applicant / Allottee after forfeiting the Earnest money (being 10%
of the Total Consideration) and interest component on delayed payment (payable by the
Applicant / Allottee for breach and non-payment of any due payable to the Company ) and
brokerage / any rebates availed earlier / margin / incentive paid to an Indian Property Associate /
Channel Partner in case booking is made through an Indian Property Associate / Channel Partner.
The balance amount of money paid by the Applicant / Allottee shall be returned by the Company
to the Allottee, without interest or compensation within 90 (ninety) days of such cancellation. On
such default, the allotment and / or Agreement and any liability of the Company arising out of the
same shall thereupon, stand terminated.
(iii) If, (a) the allotment of the Unit has been obtained by the Applicant / Allottee through fraud,
misrepresentation, misstatement of facts, or concealment / suppression of any material fact, or (b)
the Applicant / Allottee is not competent to enter into the Agreement for reasons of insolvency or
due to operation of any regulation or law; then the Company may cancel the allotment of the
Unit and refund the money paid by forfeiting the Earnest Money (being 10% of the Total
Consideration) and interest component on delayed payment (payable by the Allottee for breach
and non-payment of any due payable to the Company ) and brokerage / any rebates availed
earlier / margin / incentive paid to an Indian Property Associate / Channel Partner in case
booking is made through an Indian Property Associate / Channel Partner. The balance amount of
money paid by the Applicant / Allottee shall be returned by the Company, without interest or
compensation within 90 (ninety) days of such cancellation. On such default, the Allotment, the
Agreement and any liability of the Company arising out of the same shall thereupon, stand
terminated.
(iv) Further, additionally the Applicant / Allottee shall be considered under a condition of Default, in
case the Applicant / Allottee fails to comply with the conditions under the Notice for Offer of
Possession, including taking over of possession of the Unit, providing necessary indemnities,
undertakings, maintenance agreement and other documentation; and such failure continues for a
period of more than 90 (ninety) days after receipt of a notice from the Company in this regard
then the Company may cancel the allotment the Unit and refund the money paid by forfeiting the
Earnest Money (being 10% of the Total Consideration) and interest component on delayed
payment (payable by the Allottee for breach and non-payment of any due payable to the
Company) and brokerage/ any rebates availed earlier / margin/ incentive paid to a Indian
Property Associate / Channel Partner in case booking is made through a Indian Property
Associate / Channel Partner. The balance amount of money paid by the Applicant / Allottee shall
be returned, without interest or compensation within 90 (ninety) days of such cancellation. On
such default, the allotment, Agreement and any liability of the Company arising out of the same
shall thereupon, stand terminated.
69. The Company, on receipt of Total Consideration of the Unit as provided for in Agreement from the
Applicant / Allottee along with interest for delayed / non-payment as may be applicable thereon and
completion of all other formalities and documentation, shall execute and register a Conveyance Deed
preferably within 3 (three) months but not later than 6 (six) months from the date of issuance of the
occupancy certificate / completion certificate, as the case may be, and convey title of the Unit together
with proportionate indivisible share in the Common Areas in favour of the Applicant / Allottee.
However, payment of the stamp duty and registration charges (as applicable on the Conveyance Deed)
by the Applicant / Allottee shall be a pre-condition for execution of the Conveyance Deed. In case the
Applicant / Allottee fails to deposit the stamp duty and / or the registration charges, other ancillary
changes within the period mentioned in the Notice for Offer of Possession, the Applicant / Allottee
authorizes the Company to withhold the registration of the Conveyance Deed in his favour till such
stamp duty, registration charges, other ancillary charges are so paid and the Company shall not be, in
any manner whatsoever, deemed to be in default and all such delay shall be at the cost, risk and
consequences of the Applicant / Allottee. The Applicant / Allottee shall be solely responsible and
liable for compliance of the provisions of the Indian Stamp Act, 1899, the Registration Act, 1908
and/or other Applicable Laws, including any actions taken or deficiencies / penalties imposed by the
Competent Authority, on the Conveyance Deed.
70. The Company shall be responsible to provide and maintain essential services in ‘M3M International
Financial Center’ / Project till the taking over of the maintenance of ‘M3M International Financial
Center’ / Project by the Association of Allottees or the Competent Authority, as the case may be, upon
the issuance of the occupation certificate / part thereof, part completion certificate / completion
certificate of ‘M3M International Financial Center’ / Project, as the case may be. The Applicant /
Allottee agrees to execute a maintenance agreement along with other necessary documents,
undertakings etc. in the standard format, with the Company / the Association of Allottees / the
Maintenance Agency as appointed for maintenance and upkeep of ‘M3M International Financial
Center’ / Project. Execution of the maintenance agreement shall be a condition precedent for handing
over possession of Unit by the Company and also for executing the Conveyance Deed of the Unit.
71. Maintenance charges shall be fixed by the Maintenance Agency based upon an estimate of the
maintenance costs to be incurred for ‘M3M International Financial Center’ / Project for every
financial year and would be levied from the date of Notice for Offer Of Possession regardless of the
actual date of possession or otherwise and the Applicant / Allottee undertakes to promptly pay the
same. The Company shall be responsible for payment of all outgoings till the date of physical
handover of possession of the Unit, thereafter the Allottee shall be responsible for such payment. The
estimates of the Maintenance Agency shall be final and binding upon the Applicant / Allottee. The
maintenance charges shall be recovered on such estimated basis, from all Allottees chargeable on
uniformly applicable rates, on monthly or at quarterly intervals or at half yearly basis or at annual
basis, as may be decided by the Maintenance Agency and reconciled against the actual expenses as
may be determined at the end of the financial year and any surplus / deficit thereof shall be carried
forward and adjusted in the maintenance bills of the subsequent financial year. The Applicant /
Allottee agrees and undertakes to pay all maintenance bills on or before the due dates as may be
intimated by the Maintenance Agency.
72. The Applicant / Allottee upon possession shall join the Association of Allottees as may be registered /
formed under the Haryana Societies Registration Act, 2012 and Haryana Apartment Ownership Act,
1983 by the Company and as provided for under the Act and Rules and shall not form / or join /
become part of any other association / society in respect of the Unit or ‘M3M International Financial
Center’ / Project. The Applicant / Allottee agrees to execute such forms, applications or documents for
the purpose of becoming a member of the Association of Allottees or for any other purposes connected
thereto as may be necessary.
73. Power back-up for the installed electrical load for the Unit shall be made available subject to timely
payment of maintenance charges by the Applicant / Allottee.
74. In case any structural defect or any other defect in workmanship, quality or provision of services or
any other obligation of the Company as per the Agreement relating to such development is brought to
the notice of the Company within a period of 5 (five) years by the Applicant / Allottee from the date
of handing over possession (as per the terms of the Notice for Offer of Possession), it shall be the duty
of the Company to rectify such defects without further charge, within 90 (ninety) days, and in the
event of the Company’s failure to rectify such defects within such time, the aggrieved Allottee shall
be entitled to receive appropriate compensation in the manner as provided under the Act. Provided, the
Company shall not liable for any such structural / architectural defect which result from / induced by:
(i) the Applicant / Allottee, by means of carrying out structural or architectural changes from the
original specifications / designs; or (ii) any act, omission or negligence attributable to the Applicant /
Allottee or non-compliance of any Applicable Laws by the Allottee; or (iii) ordinary wear and tear in
due course. Provided further, in case any such structural defect or any other defect in workmanship,
quality or provision of services by the Company at ‘M3M International Financial Center’ / Project,
reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having
regard to the nature of defect, then the Company shall be entitled to such additional time period.
75. The Applicant / Allottee may apply for a loan, if required, to any bank / financial institution. The
Applicant / Allottee understands that it shall not be the responsibility or liability of the Company to
make arrangements or facilitate in sanctioning and disbursement of the loan to the Applicant / Allottee.
The Company shall not be held responsible in any manner whatsoever in the event the application for
loan made by the Applicant / Allottee is rejected by any bank / financial institution / NBFC and the
loan is not sanctioned and / or disbursed. The Applicant / Allottee confirms that his liability to pay the
installments and other amounts and charges due and payable to the Company is not dependent upon
such loan and shall continue unabated irrespective of status of his application for loan and / or if the
loan amount is not disbursed in time upon its sanction by the bank/ financial institution. In case the
Applicant / Allottee avails of a loan, the Conveyance Deed shall be executed only upon receipt of no-
objection certificate from such bank / financial Institution / NBFC.
76. In general the Application is non-transferable. However, subject to the Applicable Law and the terms
of the Agreement, the Applicant shall be entitled to assign / transfer his rights in the allotment of the
Unit. Further, upon the execution of the Conveyance Deed the Applicant / Allottee shall be fully
entitled to let, sublet, re-sell or transfer to any third party in accordance with the Applicable Law. The
Applicant / Allottee further understands that the allotment and/ or right and entitlement of the
Applicant / Allottee under allotment when made are non-transferrable / non-assignable. However, the
Company may, on request from the Allottee, permit such assignment/ transfer on a case-to-case basis
subject always to: (i) the Allottee being in compliance of the terms and conditions hereunder; (ii)
payment of all outstanding dues by the Allottee together with any administrative charges for such
assignment / transfer, as may be levied by the Company from time to time; and; (iii) execution of
appropriate deed of adherence by the Allottee and the proposed assignee(s) / transferee(s) to the
satisfaction of the Company; (iv) permissibility thereof under the Act, the Rules and the Applicable
Laws. In the event the Allottee has obtained finance / loan against the Unit from any financial
institution / bank, then a no objection certificate / letter by such financial institution / bank shall also
have to be submitted to the Company, permitting / consenting to the requested assignment / transfer by
the Allottee. Under no circumstances, permission for such assignment / transfer shall be granted by the
Company once the payment of Total Consideration has been made by the Allottee. In the event of such
assignment / transfer, the assignee / transferee shall be bound by the terms and conditions stipulated
herein as if the same had been ab-initio executed by such assignee / transferee. Any claim or dispute
between the Allottee and such assignee / transferee will be settled inter-se between them and the
Company shall not be a party to the same under any circumstances.
77. The Company shall have no right to make additions or to put up additional structure(s) anywhere in
the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities
has been approved by the Competent Authority(ies) and disclosed, except for guidelines, permissions /
directions or sanctions by the Competent Authority.
78. The Company shall have the right, at its sole discretion and without any prior consent, concurrence or
approval of the Allottee to make any alterations, additions, improvements or repairs, whether structural
or non-structural, interior or exterior, ordinary or extraordinary, in relation to any unsold Units within
‘M3M International Financial Center’ / Project, as per the Applicable Laws and guidelines,
permissions / directions or sanctions by the Competent Authority and the Allottee agrees not to raise
any objection or cause any impediment to or hindrance in or to make any claim or compensation in this
regard.
79. Development of ‘M3M International Financial Center’ / Project is subject to further expansions as
permissible under the Act, the Rules and the Applicable Laws after following the process and
procedure as laid down and advised in this regard by the Competent Authorities. Future permissible
expansion shall be an integral part of ‘M3M International Financial Center’ / Project itself,
therefore, the Company as per the Act, Rules and the Applicable Law shall be entitled to conjoint
various facilities and amenities such as power back-up, water supply, sanitary and drainage fittings etc.
with the presently approved facilities and amenities.
80. The structure of the Tower / ‘M3M International Financial Center’ / Project shall be insured by the
Association of Allottees, as and when the same is taken over by the Association of Allottees, for and
on behalf of all owners of Units in ‘M3M International Financial Center’ / Project against the risks
of fire, earthquake, lightening, riots and civil commotion, terrorism and other perils and the premium
cost thereof shall be payable proportionately by the Applicant / Allottee as and when demanded by the
Association of Allottees / the Maintenance Agency, as the case may be.
81. The Company shall have the right and authority to raise finance / loan from any financial institution /
bank by way of mortgage / charge / securitization of Said Land, receivables or by any other mode or
manner by charge / mortgage of the Tower / ‘M3M International Financial Center’ / Project; all to
the extent and in the manner as permissible under the Act and the Rules and the Applicable Laws.
82. The Company reserves its right to reject and refuse Application if the Applicant has made any changes,
corrections, cancellations, alterations, modifications therein unless such changes have the prior written
concurrence and consent of the Company.
83. The Applicant clearly understands and agrees that all terms and conditions as contained herein and the
obligations thereof regard the Unit / ‘M3M International Financial Center’ / Project shall be
applicable and enforceable against any and all occupiers, tenants, licenses and any subsequent Allottee
of the Unit.
84. The Applicant / Allottee agrees and undertakes to pay from time to time the amounts which the
Applicant / Allottee is liable to pay under this Application / Agreement and to observe and perform all
the obligations and abide by all the terms and conditions and to keep the Company and its agents and
representatives indemnified and harmless against any loss or damage that the Company may suffer as
a result of non-payment, non-observance or non-performance of the covenants and conditions
stipulated herein and subsequently in the Agreement.
85. In case the Applicant / Allottee is liable to pay any fee or commission or brokerage to any person for
services rendered by such person to the Applicant / Allottee in respect of the Unit (in short ‘Indian
Property Associate / Channel Partner’), the Company shall in no way, whatsoever, be responsible or
liable for the same and no such fee, commission and / or brokerage shall be deductible from the
amount of Total Consideration agreed to be payable towards the Unit. Further, no such person shall in
any way be construed as an agent of the Company and the Company shall in no way be responsible or
liable for any act of omission or commission on the part of such person and / or for any representation,
undertaking, assurance and / or promise made/given by such person to the Applicant / Allottee.
86. The Applicant shall keep the Company advised about its latest mailing address, both postal and e-mail,
failing which all demands / notices / communications shall be deemed to have been delivered and
served upon the Applicant at the address last recorded by the Company. The Applicant shall remain
liable for any default in payment and / or other consequences that might accrue due to any change in
postal address / e-mail address. It is hereby clarified that in case of joint applicant(s), all notices and
other communications shall be sent by the Company in the name and at the address of the person first-
named as the Applicant in the Application or as otherwise communicated to the Company and each of
such notice and communication shall for all purposes be considered to be delivered and served upon all
other applicants. No separate notice / communication will be sent to any of the other joint applicant(s).
The Applicant confirms and agrees that any communication to the email address provided in the
Application shall be considered a valid communication to the Applicant.
87. In case the Applicant has opted for a construction-linked payment plan, the Company shall, subsequent
to time linked installments, send call / demand notices for only the construction linked installments. In
all other cases or time linked installments it shall not be obligatory on the part of the Company to send/
call demand notices / reminders for payments as may be due from the Applicant as per the opted
Payment Plan.
88. The Company shall not be responsible or liable to any third party making payments or remittances to
the Company for and on behalf of the Applicant and such third party shall not have any right or claim
in this Application or the allotment and / or against the Company. The Company shall issue its
payment receipts only in favor of the Applicant and shall communicate only with the Applicant. The
Applicant shall alone be directly and completely responsible and liable for any such payment /
remittance that the Company the Company may receive from any third party.
89. The Allotment in pursuance of this Application and the terms and conditions thereof shall be binding
upon the Applicant and the Applicant hereby agrees to execute all necessary documents, including the
Agreement, as stated herein. The Applicant understands that this Application constitutes a valid
contract and the terms thereof shall remain valid and binding on the Parties till the execution of the
Agreement. The terms and conditions mentioned herein shall be in addition to the terms and conditions
of the Agreement and other definitive documents to be executed between the Parties including but not
limited to maintenance agreement. However, in case of any contradiction between the terms and
conditions mentioned herein and terms and conditions specified in the Agreement and other such
definitive documents, the terms and conditions specified later in the Agreement and such definitive
documents, shall supersede the terms and conditions as set out herein.
90. The Applicant shall indemnify and keep harmless the Company, its directors, officers, agents and
representatives, against any loss, damage or liability that may arise due to non-payment, non-
observance or non-performance of any of the covenants and conditions by the Applicant as mentioned
in this Application/Allotment.
91. The Applicant shall comply with all legal requirements for the purchase of immovable property, as and
when applicable. An Applicant who is a Non-Resident / Foreign National / Person of Indian Origin
agrees to abide by the provisions of Foreign Exchange Management Act, 1999 (FEMA), or statutory
enactments or amendments thereof, and the rules and regulations of the Reserve Bank of India, the
Income Tax Act, 1961 or any other applicable Law. The Company accepts no direct or indirect
responsibility or liability in this regard. The Applicant agrees that in the event of any failure on his part
to comply with the same, the Applicant shall alone be liable for any action under FEMA or any other
applicable law and shall keep the Company fully indemnified and harmless in this regard. The
Applicant may visit www.rbi.org.in to check the latest rules/notifications in this regard.
92. All the terms and conditions, rights and obligations of the Applicant as contained hereunder shall be
subject to the provisions of Act and Rules and the Applicable Law. The exercise of such rights and
obligations shall be subject to the provisions of Act (read with the Rules) and regulations made
thereunder and the applicable law. Any such provision which is inconsistent or contradictory to Act
(read with the Rules, 2017 and regulations made thereunder and the applicable law) shall not have any
effect and shall deemed to be void ab initio. The Applicant has confirmed having read and understood
the provisions of the applicable Acts / Rules and their implications thereof in relation to ‘M3M
International Financial Center’ / Project and has further confirmed to comply, as and when
applicable and from time to time, with any statutory enactments, amendments or modifications thereof
and the provisions of any other Law dealing with the subject matter of this Application/ Unit.
93. The Applicant understands that apart from the Applicant herein there are other applicants also who
have invested in ‘M3M International Financial Center’ / Project and / or other projects of the
Company, its associates and affiliates and any kind of defamation and spreading of false and
misleading information by any group formation or web-posting may have serious impact and
undermine valuation and reputation on the investments made by the other applicants. Therefore, the
Applicant agrees to resolve disconnect if any, with the Company through the dispute resolution
mechanism as mentioned in the Application.
94. The Applicant agrees and undertakes that upon taking possession, the Applicant shall join the
registered Association of Allottees of Unit owners of ‘M3M International Financial Center’ /
Project as duly recognized by the Company for ‘M3M International Financial Center’ / Project for
and on behalf of all the allottees of the Units thereof and shall not form / join / become part of any
other RWA /association / society in this regard. The Applicant further agrees to pay any fees /
subscription charges and other charges demanded thereof and to complete such documentation and
formalities as may be deemed necessary for this purpose. The Applicant agrees to execute such forms,
applications or documents for the purpose of becoming a member of the said registered association of
Unit owners or for any other purposes as may be necessary.
95. Notwithstanding anything contained in this Application, timely performance by the Applicant of all
obligations, including without limitation, the obligation to make timely payments of the Total
Consideration and other charges / dues / payments, including any interest, penalty, taxes, duties, dues
or charges, in accordance with this Application shall be the essence of this Application and transaction.
96. An Application not containing PAN details of the Applicant and other required details is liable to be
summarily rejected. The Application should be signed by the Applicant, or by the Applicant's
registered Power of Attorney holder. Similarly, in the case of a Company / LLP / Partnership / Society
/ Trust applying for a Unit, the Application should be signed by its duly authorized person(s) and must
be accompanied by a corresponding Board Resolution / Authorization.
97. The Allotment of a Unit is entirely at the discretion of the Company which retains its right to reject an
Application without assigning any reason. Further, the Company reserves the right to cancel the
allotment of a Unit in case such allotment is obtained through misrepresentation and suppression of
material facts by the Applicant and the Company’s decision in this regard shall be final and binding
upon the Applicant.
98. The rights and obligations of the Parties under or arising out of this Application and Agreement shall
be construed and enforced in accordance with the Act and the Rules and Regulations made thereunder
including other Applicable Laws of India for the time being in force.
99. This Application shall be governed and interpreted by and construed in accordance with the laws of
India. Subject to term hereinafter, the Courts at Gurugram alone shall have exclusive jurisdiction over
all matters arising out of a relating to this Application.
100. All or any disputes arising out of or touching upon or in relation to the terms and conditions of this
Application, the Allotment Letter and the Agreement, including the interpretation and validity of the
terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by
mutual discussion within 30 (thirty) days, failing which the same shall be settled through the
adjudicating officer appointed under the provisions of Act (read with the Rules and regulations made
thereunder).
101. The terms & conditions stated herein are merely broad terms and conditions and detailed and
exhaustive terms and conditions shall be set out in the Agreement to be executed pursuant to the
allotment of the Unit.
102. The Company has the right to conduct Know Your Customer (KYC) Verification of the Applicant by
its authorized representative based on the information provided in this Application. It is the sole
responsibility of the Applicant to provide the updated information, if any, from time to time.

DECLARATION
I/ We have fully read and understood the above mentioned terms and conditions and agree, confirm and declare
to fully abide by the same. I / We understand that the above mentioned terms and conditions are binding in
nature and are also indicative of the terms and conditions of the Agreement which shall be comprehensively
elucidated and delineated in the Agreement. I / We the Applicant do hereby declare that my / our Application is
irrevocable.

I / We hereby confirms and agrees that the Company shall be liable and responsible only for and in relation to
the written communication through it authorized personnel and the Company, its officials and authorised
representatives shall in no manner be liable and bound by any communication in any form exchanged between
the Applicant and real estate agent and / or any third parties and/or Person and / or any agreement or
understanding arrived at with the aforesaid persons.

I / We am / are fully conscious that it is not obligatory on the part of the Company to send any reminder /
notice in respect of my / our obligations as set out in this Application and as may be mentioned in the
Agreement and I / we shall be fully liable for any consequences in respect of any default in not abiding by the
terms and conditions contained herein and / or as may be contained in the Agreement. The Company has
readily provided all explanations and clarifications to me / us as sought by me / us and after giving careful
consideration to all facts, terms and conditions. I / We have now signed this Application and paid the amount
being fully aware and conscious of my / our duties, liabilities and obligations. I / We further undertake and
assure the Company that in the event of rejection of the Application and / or cancellation of my / our booking
or allotment, I / we shall have no right, claim interest or lien on the Unit, if any.

Place: _____________
Date: ______________

Signature of Applicant(s)

Note: The use of words in the singular shall include the plural and use of words in the masculine,
feminine or neuter gender shall include the other two; reference to any law shall include such law as
from time to time enacted, amended, supplemented or re-enacted; & reference to the words
“include” or “including” shall be construed without limitation.
Date:

Subject: Unit No. __________________ in the project ________________in Sector – ,_________________


Dear Sir,
We, the undersigned have jointly applied for the captioned unit in the proportion defined hereunder:

First Allottee: ____%

Second Allottee: ____%

Third Allottee: _____%

Fourth Allottee: _____%

You are requested to make a record of the same and in case any amount is payable to us, in respect of the
said unit per the Buyer’s Agreement, the same may be made in the order as defined above.

Yours faithfully,
First Applicant Second Applicant Third Applicant Fourth Applicant

Signature: Signature: Signature: Signature:

Name: Name: Name: Name:

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