View Document
View Document
View Document
100/- forms Part & Parcel of the Allotment Letter issued by M/s PANCHSHEEL BUILDTECH PVT. LTD (CIN
NO.: U45200DL2006PTC156772), A Company incorporated under the Companies Act, 1956 having its Regd. Office at G-124, Shop No
5, Dilshad Colony, Delhi-95 and Corporate Office at H-169, Sector-63 ,Noida - 201301 (hereinafter referred to as
the COMPANY, which expression shall its assigns and successors etc. unless the subject and context requires otherwise) of the one
part, in favour of
&
(Hereinafter referred to as the ALLOTTEE, which expression shall include his/her assigns and sucessors etc. unless the subject and
context requires otherwise) of the other part.
for
Apartment No.: ......; Type.: 3 B/R HIG-I; Floor.:17th; Block.: ......; Saleable/Leasable Area.:1510 sq. ft.; Builtup Area.:
1218.14 sq.ft.; in the project known as PANCHSHEEL - GREENS-II situated on Plot No. GH - 01A, Sector - 16, Greater Noida,
Distt. Gautam Budh Nagar (U.P)
This is with reference to your request and application no. CUIDGII-02912, dated 05-Jun-2018 with M/S PANCHSHEEL BUILDTECH
PVT. LTD (CIN NO.: U45200DL2006PTC156772), for having its Regd. Office at G-124, Shop No 5, Dilshad Colony, Delhi-95 and
corporate office at H-169, Sector-63, Noida - 201301 (hereinafter referred to as the Company) for allotment of a residential Apartment in
PANCHSHEEL - GREENS-II at Plot No. GH - 01A, Sector - 16, Greater Noida, Distt. Gautam Budh Nagar (U.P).
We are pleased to inform you that we have allotted you an Apartment in " PANCHSHEEL - GREENS-II" , situated at Plot No. GH - 01A,
Sector - 16, Greater Noida, Distt. Gautam Budh Nagar (U.P) as per detail below.
This allotment is subject to the terms and condition detailed below and shall prevail over all other terms and conditions given in our
brochures, advertisements, price lists and any other sale document.
APARTMENT DETAILS:-
Type :3 B/R HIG-I ;Apartment No. : ......; Floor :17th; Block/Tower :......; Saleable/Leasable Area : 1510sq.ft.; Builtup Area
: 1218.14 sq.ft. situated in " PANCHSHEEL - GREENS-II" on Plot No. GH - 01A, Sector - 16, Greater Noida, Distt. Gautam Budh
Nagar (U.P) (hereinafter referred to as "The Apartment").
Basic 4,832,000.00
EEC FOC
FFC FOC
LEASE RENT FOC
1 KVA POWER BACKUP FOC
CLUB MENBERSHIP FOC
COVERD CAR PARKING-1 FOC
Total 4832000.00
Possession of the Apartment will be given in ......, subject to the receipt of the entire Basic Price, extra charges, registration charges and
any other charges as may be intimated by the Company.
Further the possession of the Apartment will be given after the execution of the Sale Deed/Sub Lease Deed in favour of the allotte.
Note:
# Extra charges, which are over and above the basic price as mentioned in various caluses of this Allotment Letter shall become payable
within 30 days from the date of demand which shall formally be 45 days from the date of offer of possession.
# The installment call notice given by the Company shall be to the effect that installment has become due as stated above shall be final &
binding. Its is also made clear that timely payment of all installments is essence of this allotment.
# The measurement of the area is approx 1 sq.mtr. = 10.764 sq.ft. (10.764 sq.ft. = 1.0 sq.mtr. = 10^6 sq.mm.)
WHEREAS PANCHSHEEL BUILDTECH PVT. LTD (hereinafter referred to as „Company‟) has acquired the plot of land admeasuring 1,
21,231.43 Sq.Mtr. being Plot No. GH- 01A situated in Sector-16, Greater Noida (West), U.P. (hereinafter referred to as „said Plot‟) on
allotment dated 25/01/2011 which has duly been registered with the Greater Noida Authority and has taken physical possession of the
said Plot from Greater Noida Authority.
AND WHEREAS keeping in view the terms of the Lease Deed of the said Plot, the Company has planned to develop the project named
as “PANCHSHEEL - GREENS-II” on the said Plot as per the building plans approved or to be approved by the Greater Noida Authority.
AND WHEREAS the Company is authorized for construction of Group Housing on the said Plot and also entitled to allot the dwelling
units on sub lease basis to their Allottee(s) and also provide space for certain facility.
AND WHEREAS the intending Allottee(s) has/have seen the title documents and other relevant papers between the Greater Noida
Authority and the Company pertaining to the said plot and has/have fully satisfied himself/herself/themselves about the title and rights of
the Company in respect of the said plot subject to all laws and undertakings given by the Company to the Greater Noida Authority. The
Company has right to develop and construct the Apartments on the said Plot and has also right to allot the Apartments of diff erent sizes
and dimensions in favour of their Allottee(s).
AND WHEREAS saving and excepting the particular Apartment allotted, the intending Allottee(s) shall have no claim, or right of any
nature or any kind whatsoever in respect of open spaces, parking places, lobbies, staircases, lifts, terraces, roofs or any other space not
allotted to him/her/them, which shall all remain the property of the Company for all times unless the Company decides to dispose them
off, but subject to right of the Allottee(s) as mentioned hereinafter.
AND WHEREAS the Apartments on all floors shall be allotted as an independent Apartment as per the prevailing bye laws. The
Allottee(s) shall not be permitted to construct any thing on the terrace. However, the Company shall have the right to develop and build
the area on the terrace in case of any change in the F.A.R. and carry out construction of further Apartments in the eventuality of such
change in the F.A.R.
SINCE IT IS a large project having number of buildings, the construction will be completed in phases. All the major common facilities will
be completed only after completion of construction of all phases. As such the allottee(s) must take the possession of the apartment as
soon as it is made available for the possession.
AND WHEREAS there would be no price escalation for the booked apartment.
AND WHEREAS the intending Allottee(s) is/are aware of and has/have knowledge that the proposed plans of multi-storied
building/tower/block are tentative and agreed that the Company may make such changes, modifications, alterations and additions therein
as may be deemed necessary or may be required to be done by the Company or Greater Noida Authority or any other Local Authority or
Body having jurisdiction with consent of allottes.
AND WHEREAS after fully satisfying himself/herself/themselves the Allottee(s) has/have agreed to acquire from the Company a
residential apartment to be constructed in the multi-storied buildings/towers/blocks on the said Plot to be known as PANCHSHEEL
- GREENS-II. The Leasable Area is subject to change up to the maximum limit of + 5% which is chargeable / refundable at the same
rate.
AND WHEREAS the Company has allotted the said Apartment in multi-storied buildings/towers/blocks in the said Project
known as “PANCHSHEEL - GREENS-II” on the said Plot to the Allottee(s) and the allottee(s) has/have agreed to acquire the
same.
AND WHEREAS the lease consideration is for the total area of the said Apartment, as mentioned herein above property known as
"Leasable-Area", which comprises the build up area (including walls), areas under walls, full area of galleries and other projections
whatsoever, together with proportionate interest in the common areas and facilities such as area under staircase, lifts, entrances and the
exits of the building, passages in parking ways of Basement & Stilt floor, Ramps of Basements, water supply arrangements and
installation such as power, light, sewerage etc. and including all rights attached to the said Apartment. However, it is admi tted,
acknowledged and so recorded by and between the parties that all other rights excepting what have been mentioned above including
easement rights and to carry out further construction in case of any change in the F.A.R. club, open spaces, parks, parking (excepting
what has been allotted to the Allottee(s) by this letter) or tot-lots, public amenities, shopping centers and other facilities and amenities will
be the sole ownership of the Company, who will have the authority and power to use and/or transfer the same in any manner whatsoever.
1. (a) That in case the allottee(s) wants to avail a loan facility from any bank/financial Institution or his employer to facilitate the aquire of
the Apartment applied for, the Company shall facilitate the process subject to the following :
(i). The terms of the Bank/financing agency/employer shall exclusively be binding and applicable upon the allottee(s).
(b). Installments due towards payment of the Apartment will be made to the Company on or before the due date as mentioned in the
payment plan herein above along with service tax as applicable. The Allottee (s) has/have agreed that the Company is under no
obligation to send demands/reminders for payments. If payment is not received within the aforesaid stipulated period as per their opted
Payment Plan, or in the event of breach of any of the terms and conditions of this allotment by the Allottee(s), the allotment will be
cancelled and earnest money of the Apartment will be forfeited and balance amount (if any) will be refunded without any interest.
(c). If for any reason the booking of the Apartment is cancelled by the Allottee(s)/, then earnest money of Apartment will be forfeited and
balance amount (if any) will be refunded without any interest.
(d). Installment Call Notice/Demand letter if issued by the Company to the effect that installment has become due as stated above shall
be final and binding. It is made clear that timely payment is the essence of this allotment.
(e). In exceptional circumstances, the Company may, in its sole discretion condone the delay in payment, by charging @12% interest. In
the event of the Company waiving the right of forfeiture and accepting the payment on that account, no right whatsoever, would accrue to
any other defaulter Allottee(s).
2 (i) That the Allottee(s) shall not be entitled to get the name(s) of his/her nominee(s) substituted in his/her place. The Company may,
however, in its sole discretion, permit such substitution on such terms and conditions including payment of such administrati ve charges
as it may deem fit. Any change in the name of the Allottee(s) as registered/recorded with the Company (including addition/deletion),
amongst family members (husband, wife, and own children and real brother) will be attracting administrative charges. Administrative
charges as prescribed by the Company from time to time will be paid by the Allottee(s), before such change
(ii) The request letter for change of the right of the Allottee(s) would be duly signed by all the concerned parties and would be
accompanied by a no-objection letter/certificate from the concerned bankers or financial Institutions in case payment against the said
Apartment was made by the allottee(s) by raising funds/loans against allotted Apartments as security from bankers /financial Institutions
or employer.
3. The said project/complex shall always be known as “Panchsheel Greens-II” and this name shall never be changed by the Apartment
buyer or any body else. The name of the said complex and the Promoters/Developers name shall always be displayed at a prominent
place near the lobby or entrance hall or gate of the Complex.
4. The Apartment‟s Building plans are provisional and tentative and such are subject to change at the instance of the sanctioning
authorities or the Company and changes can be made during the course of construction. The building will be of specifications as per
annexure attached herewith.
5. The Allottee(s) has/have agreed and accepted the proposed plans, designs, specifications, which are tentative and subject to
variations, modifications, alterations in the layout plan/building plans, designs as directed by any competent authority(ies) and the Allottee
(s) hereby give his/her/their consent to such variations, modifications etc.
6. The construction of the Apartment is likely to be completed in ......, however, to force Majeure circumstances, regular and timely
payments by the Allottee(s), change of laws by Governmental/ local authorities etc. No claim by way of damage, compensation shall lie
against the Company in case of delay in handing over of the possession on account of the aforesaid reasons or any other reasons
beyond the control of the Company.
7.In case the Company is unable to construct the Apartment within aforesaid stipulated time subject to aforesaid reasons, the Company
will compensate the Allottee(s) for delayed period @12% on the deposited amount, provided that Allotee(s) has/have paid all payments
or the installments in stipulated time as per their opted payment plan . On the other hand if the Allottee(s) fails to take t he possession of
the Apartment within 45 days from the date of asking him/her/them to take the possession, Allottee(s) shall be liable to pay watch and
ward charges @ Rs.5/- per sq.ft.per month in respect of leasable area for the period the allottee(s) delays in taking possession.
8. It is hereby agreed between the parties that if there is either reduction or increase in the leasable area of the said Apartment or its
location, no claim, monetary or otherwise will be raised or accepted except that the agreed rate per sq. ft and other charges will be
applicable for the changed area i.e. at the same rate at which the Apartment was booked and as a consequence of such reduction or
increase in the leasable area, the Company shall be liable to adjust or refund without interest only the extra price or shall be entitled to
recover the additional price and other proportionate charges without interest, as the case may be.
9. Any request for any change in construction of any type in the Apartment from the Allottee(s) will not be entertained /allowed.
10. The Allottee(s) is/are aware that Apartments are being allotted to various persons under certain terms and conditions
11. Single point electric connection will be taken for the said Project from PVVNL / UPPCL or any other source and will be distributed
through separate meters to all Allottee(s) through prepaid system. Electricity Consumption charges will be as per PVVNL / UPPCL norms
and line loss. Charges for installation of the electric meter and whole distribution system shall be payable immediately by t he Allottee(s)
as decided by the Company.
12. The Allottee(s) shall have to make the payment in time as per his/her/their payment plan opted and shall have to make the payment
as pre-payment system for electricity, maintenance charges and/or any other charges etc. to the Company or its nominated agency or to
the concern authorities.
13. That the Sub Lease Deed/Title Deed of the said Apartment shall be executed in favour of the Allottee(s) after making the entire
payment and dues . The possession of the said Apartment will be given after execution & registration of the Sub Lease Deed/Title Deed.
14. That the Allottee(s) shall get the exclusive possession of his/her/their allotted Apartment and will be transferred the title of this area as
per prevailing bye laws in the land/building/block on which the said Apartment is situated. The Allottee(s) shall have no rig ht, title or
interest on remaining part of the Complex such as corridors, stair case & lobby, lift area, approach road etc.
15. It is hereby agreed, understood and declared by and between the parties that the Sub Lease Deed/Title Deed/ Registry (in the form
and format as prescribed by the Greater Noida Authority) shall be executed & registered in favour of the Allottee(s) after the Apartment
has been fully and finally constructed at the site, after receipt of the total consideration and other charges, agreed herein, by the
Company and other connected expenses i.e. cost of Stamp Duty for registration of the Sub Lease Deed/Title Deed/ Registry, registration
charges/fee, miscellaneous expenses and Advocate legal fee/charges, which shall be borne and paid by the Allottee
(s).
16. The Allottee (s) has/have to sign a "Maintenance Agreement" with the Company or its Nominee as appointed by the Company before
or at the time of possession of the Apartment. The Allottee (s) has/have also agreed to pay the maintenance charges of the said
Apartment to the Company or its nominee, as appointed by the Company. The Allottee(s) will deposit as Interest Free Non Refundable
Security with the Company or its nominee, as appointed by the Company.
17. The maintenance, upkeep, repairs etc., of the Building including the common area of the building/complex will be organized by the
Company or its nominee. Security of common areas, entrance of building will also be the arranged by the company or its nominee.
However, security of individual apartment will be responsibility of allottee(s). The Allottee(s) agree(s) and consents to the said
arrangements. The Allottee(s) shall pay maintenance charges, which will be fixed by the Company or its nominee from time to time
depending upon the maintenance cost. Any delay in payments will make the Allottee(s) liable for interest. Non-payment of any charges
within the time specified shall also disentitle the Allottee(s) to the enjoyment of common services, use of lifts and use of water etc. The
Allottee(s) consents to this arrangement whether the building is transferred to other Body Corporate and shall continue till such time as
the Company terminates this arrangement.
18. The Allottee(s) shall be liable to pay all taxes, service tax, trade tax, cesses, metro cess, Turn over tax, VAT, charges and
assessment of any description, imposes by Greater Noida Authority and any other Authority empowered in this behalf on the sai d Plot,
either such charges are imposed on the said Plot or on the building constructed and Apartment thereon, from time to time.
19. The Allottee(s) agrees to pay on demand taxes of any kind whatsoever, whether levied now or in future on the said Plot of land
and/or Apartment (s) as the case may be, from the date of allotment of the Apartment and so long as each Apartment is not separately
assessed or such taxes for the land and/or building (s)/tower (s)/block(s), same shall be payable and be paid by the Allottee (s) in a
proportion to the area of his/her/their Apartment(s). Such apportionment shall be made by the Company or any other agency as
appointed by the Company, as the case may be, and the same shall be conclusive, final and binding upon the Allottee(s).
20. The Allottee(s) shall permit the Company or their representatives when so required to enter his/her/their Apartment for the purpose of
performing installations, alterations, or repairs to the mechanical or electrical services, and that such entry is at a time convenient to the
Company/Allottee(s). In case of an emergency, such right of entry shall be immediate.
21. The Allottee(s) shall not change, alter or make additions in or to the Apartment or the building/tower/block or any part thereof. The
Allottee(s) also agree not to put up any name or sign board, neon light, publicity or advertisement material, hangings of clo thes on the
external facade of the building/tower/block or any where on the exterior of the building or in the common areas. The Allottee
(s) also agree not to change the colour scheme of the outer walls or painting of the exterior side of the doors and the windows etc. or
carry out any change in the exterior elevation or design of the Apartment. The Allottee(s) shall be responsible for any loss or damage
arising out of breach of any of these conditions.
22. It is hereby agreed, understood and declared by and between the parties that the Company may take construction
23. The Allottee(s) agreed and undertake that before or after taking possession of the Apartment or at any time hereafter, he/she/they
will have no right to object the Company constructing or continuing with the construction of the other buildings/towers/blocks adjoining to
the building where the said Apartment is situated.
24. The Allottee(s) hereby undertake(s) to abide by all laws, rules, regulations, notifications, demands and etc. in respect of t he
Apartment on the said plot. The Allottee/s shall be solely responsible and liable for violation if any of the provision of the law of the land
and applicable rules, regulations or direction by any Competent Authorities/ Departments/ Court and the Allottee/s shall inde mnify the
Company for any liability and/or penalty.
25. In case the Central Government, State Government or any other Local Authority, Department imposes any service tax, trade tax,
property tax, house tax, water tax, sewer tax, rates, charges, fee, cess, levy, metro cess etc upon the said land of Group Ho using Plot
and construction thereupon will be the liability of the Allottee/s to pay the same in proportion to their area of the said Apa rtment and in
case any such demand of above mentioned taxes is/are paid by the Company, the proportionate amount thereof will be payable and be
paid by the Allottee/s and any default by the Allottee/s in making such payment in time would constitute a lien upon the said Apartment.
26. The Company reserves the right to give on lease/sub lease or hire any part of the top roof/terrace above the top floor for installation
and operation of antenna, satellite dishes, communication towers, other communication equipment or to use/hire/lease the same for
advertisement purposes and the Allottee(s) agree that he/she/they shall not object to the same and shall not make any claim on this
account.
27. The Company shall have the right, without approval of the Allottee(s) in the building/tower/block, to make any alteration, ad dition,
improvement or repairs, whether structural or non-structural, interior or exterior, ordinary or extraordinary in relation to any unsold
Apartment(s) within the building and the Allottee(s) agree(s) not to raise objection or make any claim on this account.
28. The Allottee(s) shall abide by all laws, rules and regulations of the Greater Noida Authority/Local Bodies/State Govt. of U.P/Central
Government and of the proposed Body Corporate, and shall be responsible for all deviations, violations or breach of any of the conditions
of law/bye laws or rules and regulations before and after the completion the Project on the said Plot. The Apartment shall be used for the
purpose for which it is allotted.
29. The Company reserves the right to correct, modify, amend, change the plans/specifications which are indicated to be tentative and
the Allottee(s) agree(s) for the same.
30. Car parking is available on request on payment basis and it shall be allotted to the Allottee(s) of Apartments on 'First Come-First
Serve' basis, as per parking charges clause. A separate Agreement for the Allotment of the Car parking will be executed between
Company or its nominees and the Allottee(s).
31. That a Club facility is proposed to be provided in the said complex. The Allottee(s) shall be made a member of the club for w hich
membership fee, as per club membership charges clause ( non- transferable) shall be payable by the Allottee/s in order that the club is
kept fully functional for the benefit and enjoyment of the allottee(s) in the said complex. The allottee(s) agrees to the same and to pay
subscription charge/fee on monthly basis in advance to the Company or its nominee(s). The Club shall be managed by the Company
and/or its nominee(s).
32. That all taxes such as House Tax, Water Tax, Sewerage Tax, Electricity charges or any other Taxes or charges to the Concerned
Authority, Department, Greater Noida Authority and to the Company, shall be payable and be paid by the Allottee(s).
33. In case any action or claim is initiated by any Authority/Court to pay the stamp duty and if any stamp duty and other charges etc. is
become payable on this Allotment Letter and any other document pertaining to this Allotment now or in future, the same shall be payable
and be paid by the Allottee(s) and the Company will not be liable to pay any part thereof.
34. Further, if there is any trade Tax and additional levies, Rates, Taxes, Charges, Compensation to the farmers, Government Cess,
Metro Cess and Fees etc. as assessed and attributable to the Company as a consequence of Government/Greater Noida
Authority/Statutory or other local authority(s) order, the Allottee(s), shall pay the same in their proportionate share, if any.
35. Until a Sub Lease Deed/Title Deed in respect of the said Apartment is executed & registered, the Company shall continue to be the
owner of the said Apartment and this allotment shall not give to the Allottee(s) any rights or title or interest therein even though all
payment have been received by the Company. The Company/Financial Institution/Bank/Employer shall have the first lien and charge on
the said Apartment (including on any income/rent there from) for all its dues and other sums as are and/or that may hereafter become
due and payable by the Allottee(s) to the Company/Financial Institution(s)/Bank(s)/Employer.
36. The Allottee(s) shall give his/her complete address to the Company at the time of booking for all communications and it shall be
his/her own responsibility to inform the Company by registered AD letter/Courier about all subsequent changes, if any, in his/her
37. That in case there are joint Allottee(s), all communications shall be sent by the Company to the Allottee(s) whose name appears first
and at the address given by him/her, which shall for all purpose be considered as service on all the Allottee(s) and no separate
communication shall be necessary to the other named Allottee(s) and the Allottee(s) has/have agreed to this. This Allotment letter and its
all terms and conditions does not constitute an Agreement to sell.
38. That all the terms & conditions of the allotment/Lease Deed of the said Plot in favour of the Company by Greater Noida Authority as
the case may be, will be mutis mutandis applicable to the Allottee(s).
39. The Allottee(s), if resident outside India, shall be solely responsible to comply with the requirement as laid down in the Foreign
Exchange Management Act, 1999 and other applicable laws including that of remittance of payment(s) and obtaining permission as
prescribed by law for acquisition of property in India. The Company will not be responsible or liable for any concealments or violations in
this respect by the Allottee(s). A declaration and other required documents to that effect will be furnished by the Allottee(s).
40. In the event of any dispute whatsoever arising between the parties in any way connected with the allotment of the said Apartment,
the same shall be referred to the sole arbitrator and the decision of the arbitrator will be final and binding on all parties . The arbitration
proceedings shall always be held in Ghaziabad/Noida (U.P.), India. The Arbitration and Conciliation Act, 1996 or any statutory
amendments/modifications shall govern the arbitration proceedings thereof for the time being in force. The High Court of Allahabad and
the Courts subordinate to it at Ghaziabad/Noida shall have jurisdiction in all matters arising out of or touching and/or concerning this
allotment.
Date : 22-Jun-2018
Place : Noida
For PANCHSHEEL BUILDTECH PVT. LTD I/We hereby accept the allotment On the terms and
conditions mentioned Herein above.
WITNESSES:
1.
2.
3. DRAWING & DINING ROOMFloor: Vitrified Tiles. Walls/Ceiling: Plastered and painted with pleasing shades of O.B.D.
4. KITCHEN Floor: Vitrified tiles. Walls/Ceiling: Plastered and painted with pleasing shades of O.B.D. Platform:
Pre-polished granite platform with stainless steel sink. Ceramic Glazed tiles up to 2 ft. height
above counter.
5. MASTER BEDROOM Floor: Vitrified tiles. Walls/Ceiling: Plastered and painted with pleasing shades of O.B.D.
6. OTHERS BEDROOM Floor: Vitrified tiles. Walls/Ceiling: Plastered and painted with pleasing shades of O.B.D.
7. SERVANT ROOM Floor: Vitrified tiles. Walls/Ceiling: Plastered and painted with pleasing shades of O.B.D
8. TOILETS Floor: Anti-skid Tiles. Walls: Ceramic Tiles up to door level. Fittings & Fixtures: All taps Chrome
plated ISI Mark, Washbasin, W.C. in all toilets. Provision for hot & cold water.
10. DOORS & WINDOWS Entrance Door: Decorative Flush door with Seasoned hardwood frame. Internal Doors: Flush door
External Doors & Windows: Glazed powder coated aluminium.
11. LIFT LOBBY Floor: Vitrified Tiles. Walls: Plastered and painted with pleasing shades of O.B.D. Elevators: 3
high speed elevators in each tower.
12. STAIRCASE Floor: Marble flooring Walls/Ceiling: Plastered and painted with pleasing shades of O.B.D.
13. ELECTRICALS Wiring: ISI Copper concealed wires in all Bedrooms/Drawing/Dining, Toilets & Kitchen.
Switches/Sockets: Modular in all Bedrooms, Drawing/Dining, Toilets & Kitchen. Intercom/TV:
Intercom facility & provision for DTH connection.
NOTE :-