(1) Registration of applications.- (a) On receipt of an application, the office of the Competent Authority shall endorse on it the date of its receipt and shall as soon as possible, examine it and satisfy itself that the person presenting it has authority to do so and that it conforms with all the provisions of the Act and the Rules made thereunder.
(h) If the Competent Authority is satisfied that the application is complete in all respect, it shall cause the application to be registered, as admitted, in the appropriate register maintained under these Rules.
(c) If the application is not complete, the Competent Authority may send notice in the Form VIII, to the applicant/s to rectify the defects or comply with such requirements, as it may deem fit to conform with all the provisions of the Act, and these Rules, within a period of fifteen days of the receipt of the said notice. The Competent Authority may, for sufficient cause, may give further extension of not more than fifteen days to comply with the requirements.
If the above defect in an application is rectified, the Competent Authority shall cause it to be admitted and register the application in the appropriate register.
(2) Maintenance of registers and procedure for issuing notice, etc.- The Competent Authority shall maintain the Register of applications received by it in Form IX.
On admitting the application, the Competent Authority shall, within a period of fifteen days thereof, issue a notice in Form X to the opponent/s requiring him/them to file the written statement on the day, date and place as may be specified therein. Such notice shall be served on the opponents by registered post acknowledgment due or under certificate of posting on the last known address.
(3) Appearance of parties and consequence of non-appearance.- (a) On the date fixed as aforesaid, the opponent shall appear either in person or through his Advocate or his authorized Representative before the Competent Authority and shall file a written statement.
(b) On the date of hearing, if the applicant appears and the opponent or any of the opponents does not or do not appear, as the case may be. the Competent Authority shall decide the Application ex-parte:
Provided that, before deciding the Application, if the Opponent appears and shows a sufficient cause for his non-appearance on the earlier occasions. he shall be heard in the matter as if he had appeared before the Competent Authority on the first day.
1 Rules 12 added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.
2 Rules 13 added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50
(c) If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the applicant does not appear either in person or by his Authorised Representative, when application is called for hearing, the Competent Authority may dismiss the application.
(d) If, on the date fixed for hearing or any other day to which the hearing may be adjourned, the Opponent/s does/do not appear either in person or through his/ their Authorised Representative, when the Application is called for hearing, the Competent Authority may decide the same on merits after hearing the Applicant or his Authorised Representative, if present.
(4) Production and inspection of documents.- (a) The parties shall file the documents referred to in the pleadings at the time of filing application and written statement, as the case may be. If either party satisfies the Competent Authority that any document is relevant and the same is in the custody of the opposite party, the Competent Authority may, by an order in writing, direct such party to produce such document on the next date of hearing.
(b) If the party so ordered, fails to produce such documents on the next date of hearing, the Competent Authority may draw adverse inference against such party and hearing of the original application shall not be postponed till filing of such documents or for the reasons of such non compliance of the order.
(c) If the Competent Authority is satisfied that the documents required to be produced, cannot be brought before the Competent Authority for sufficient reasons like its volume or otherwise, the Competent Authority may allow the opposite party to take inspection of the documents within seven days from the date of order of such inspection.
(d) If the Competent Authority is satisfied that the opponent had no access to the documents earlier and the filing of additional statement is necessary, it may allow the filing of such additional statement.
(5) Procedure for hearing the application.- (a) On receipt of the statement of the opponent, the applicant shall prove contents of the application and also deal with the contention of defenses. The opponent likewise may file reply in support of the defense on the next date, if he so desires. No cross-examination of any of the parties shall be permitted.
(b) On receipt of the replies, the Competent Authority shall proceed to hear oral arguments of the parties and after hearing, shall close the proceedings for the order.
(c) The Competent Authority shall. within reasonable time and in any case not later than six months from the date of receipt of the application, after making such enquiry deemed necessary and after verifying the authenticity of the documents submitted by the parties and after hearing them and giving the parties sufficient opportunities as required under the Act and the principles of natural justice, pass such appropriate order as it deems fit, as provided under the Act.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50
(6) Signing of order and the notice and the official seal.- (a) Every judgment, order and the certificate of the Competent Authority shall be delivered or supplied or provided to all the concerned parties.
(b) The Competent Authority shall have an Official Seal of its own, which shall be kept in the custody of the Competent Authority.
(c) Every judgment, order, certificate and the notice issued under the Act or these Rules shall be signed by the Competent Authority and shall bear the official seal on it.
(d) All the records of the Competent Authority shall be kept in its custody.]
Forms 1[FORM I] 2[SEE RULE 10(2)] Form of Register of persons purchasing ownership flats 3**…………..in the (name of building)………………………….and constructed by (name of builder)………………….
Seri al No.
Date of applicati on Na me of the pers on Addr ess Date of agreem ent N o.
of fla ts 4* * 1 2 3 4 5 6 Floor Amount paid Date of payment No. of receipt Date of receipt 7 8 9 10 11 FORM II 5[SEE RULE 10(2)] Form of Register of flats 6**……………….. sold in the (name of building) …………..constructed by the (name of builder)…………………………… 1 Added by G.N. of 23-2-1968.
2 Inserted by G.N. of 15-12-1969.
3 Deleted by G. N. 23-5-1974.
4 Deleted by G. N. 23-5-1974.
5 Inserted by G.N. of 15-12-1969.
6 Deleted by G. N. 23-5-1974.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 Serial No.
No.
of flat 1** Name of the Purchaser Address of the Purchaser Whether purchased or agreed to be purchased 1 2 3 4 5 Whether original purchase r or a transfere e Date of agreemen t The price settle d No. of instalmen t and amount Date of paymen t 6 7 8 9 10 FORM III 2[SEE RULE 10(2)] Statement indicating person-wise receipts and disbursements in respect of sum accepted as advance or deposit from the 3[Flat purchasers] in the (name of building)…………..building constructed by (name of the builder)……….
Name of the 4[Flat 5**……. Purchasers] ………. Date of Agreement ……….
Flat No………………..Floor No…………………….
Serial No.
Date of payment Receipt No.
Purpose Date of deposit in the Bank 1 2 3 4 5 Date of withdraw al from the Bank Purpose of withdraw al Date of disbursem ent Vouch er No.
Balan ce 6 7 8 9 10 1 Deleted by G. N. 23-5-1974.
2 Ins. by G.N. of 15-1-1969 3 Subs. by G. N. of 6-7-1972.
4 Subs. by G. N. of 6-7-1972.
5 Deleted by G. N. 23-5-1974.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 1[FORM IV] 2[[SEE RULE 10(2)]] Statement indicating purposewise receipts and disbursements in respect of sums accepted as advance or deposit from the 3[flat purchasers 4** in the (name of building)…………..building constructed by the (name of the builder)……….
Purpose of deposit of advance From whom received Date of receipt Receipt No.
Date of deposit in the Bank 1 2 3 4 5 Date of withdraw al from the Bank Purpose of withdraw al Date of disbursem ent Vouch er No.
Balan ce in accou nt 6 7 8 9 10 5[FORM V MODEL FORM OF AGREEMENT TO BE ENTERED INTO BETWEEN PROMOTER AND PURCHASER OF FLAT EXPLANATORY NOTES Note No 1:-This is only a model form of agreement, which will have to be modified and adapted in each case having regard to the facts and circumstances of each case but in any event such 6[clauses 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13 and 22 which are statutory and mandatory according to the provisions of the Act and these rules shall be retained] in each and every individual agreement/s executed between the Promoter and Flat Purchaser. Any departure or variation from these statutory and mandatory conditions, being violative and ultra vires of the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1 Inserted by G.N. of 15-11-1969.
2 Ins. by G.N. of 15-1-1969 3 Subs. by G.N. of 6-7-1972.
4 Deleted by G.N. of 23-5-1974.
5 Added by G.N. of 10-4-1987.
6 Substituted by G.N. of 22-02-1990.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 1963 (hereinafter referred to as “the said Act”) will not be binding and enforceable upon the parties, such conditions being void ab initio:
Note No 2:-Clause (c) of section 2 of the said Act defines a Promoter to mean, inter alia, a person who “causes to be constructed a block or building of flats” i.e. an owner of the land and building who engages a developer (also a promoter) as his agent to develop the land and building and authorises him to dispose of flats. In such a case the owner will have to be joined as a Confirming Party to the tripartite agreement in model form of agreement to be executed between the Promoter, Flat Purchaser and the Owner so that the Owner is bound by all the terms, conditions and covenants of the tripartite agreement.
Note No 3:-The model form of Agreement is to be utilised in case of housing societies registered under the Maharashtra Co-operative Societies Act, 1960. However, apart from the said enactment there is another enactment relating to housing viz., The Maharashtra Apartment Ownership Act, 1971 (Mah. Act No. XV of 1971). However, in case of properties to which the Maharashtra Apartment Ownership Act, 1971 applies certain provisions of the Agreement will have to be modified having regard to the provisions of the said Act.
(SEE RULE 5) This Agreement made at……………….this ……….day of………………in the year One Thousand Nine Hundred and Eighty …………………. Between …………….
hereinafter referred to as “the Promoter” (……………….) of the One Part and (…………………….) hereinafter referred to as “the Flat Purchaser” (…………………) of the Other Part.
1WHEREAS the Promoter has by an Agreement/Conveyance dated…………..day of………..19 and executed between……………of the One Part (hereinafter referred as the Vendor) and the Promoter of the Other Part the Vendor has agreed with the Promoter for the absolute sale to the Promoter/sold absolutely to the Promoter an immovable property being piece or parcel of freehold land lying and being at ………………… in the Registration Sub-District of ………. admeasuring ……………..sq mts. or thereabouts more particularly described in the First Schedule hereunder written (hereinafter referred to as “the said land”).
2WHEREAS by and under a Lease/an agreement for Lease dated the …… day of …….. 19……. made between …….. of the One part (hereinafter referred to as the Lessor) and the Promoter of the Other Part, the Lessor agreed to grant unto the Promoter a lease in perpetuity/ for a term of ………. Years in respect of an immovable property being piece or parcel of leasehold land being at ……… in the registration Sub-district of …….. admeasuring … …..sq. metres or thereabouts more particularly described in the First Schedule hereunder written (hereinafter referred to as the said land) at a rent of Rs.
…….. Per annum/month and on the terms and conditions contained in the said Lease/Agreement for Lease.
3AND WHEREAS the Lease/Agreement for Lease is with the benefit and right to construct any new building/s, if so permitted by the concerned local authority.
1 The recital should be retained if the Promoter is also the owner of the Freehold land.
2 These recitals should be retained if the Promoter is also the owner of the Leasehold land.
3 These recitals should be retained if the Promoter is also the owner of the Leasehold land.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 1WHEREAS by an agreement dated…………….. day of……………. 19 / Power of Attorney dated ………. Executed between Shri ………… (hereinafter referred to as the Original Owner”) of the One Part and the Promoter of the Other Part (hereinafter referred to as “the Development Agreement”) the original Owner has appointed the Promoter as his agent to develop the piece or parcel of freehold land lying and being at………….in the registration Sub-District of ………….. admeasuring ……… sq. mts. or thereabouts more particularly described in the First Schedule therein as well as in the First Schedule hereunder. Written (hereinafter referred to as ‘the said land”) and to construct thereon building/s in accordance with the terms and conditions contained in the Development Agreement/ Power of Attorney;
2AND WHEREAS as a result of the urban land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as “the Ceiling Act”) which came into force in the State of Maharashtra on the 17th February 1976 Vendor/Lessor/Original Owner/Promoter were not entitled to hold any vacant land in excess of the ceiling limit except as otherwise provided in the Ceiling Act.
3AND WHEREAS the Vendor/Lessor/Original Owner/Promoter having been shown to be the owner of the said land in the Government and revenue records, the Vendor/Lessor/Original Owner/Promoter submitted to the Government of Maharashtra (hereinafter referred to as “the Government”) in the name of the Vendor/Lessor/Original Owner and/or Promoter and application under section 20 of Ceiling Act for exempting the said land from the provisions of the Ceiling Act.
4AND WHEREAS by an Order………….dated…………(hereinafter referred to as “the said Order”) the Government exempted, subject to the conditions stated in the said Order, the said land from the provisions of the Ceiling Act.
5AND WHEREAS as per the said Order and as a result of the Development Agreement the Promoter is entitled and enjoined upon to construct buildings on the said land in accordance with the said order.
6AND WHEREAS the Vendor/Lessor/Original Owner/Promoter having been shown to be the owner of the said land in the Government and Revenue records, the Vendor/Lessor/Original Owner/Promoter submitted to the Government of Maharashtra (hereinafter referred to as “the Government”) in the name of the Vendor/Lessor/Original Owner and Promoter an application under section 21 of The Ceiling Act and the guidelines framed by the Government in respect of section 21 of the Ceiling Act for the purpose of developing the said land as stated in the application in accordance with the provisions of the Ceiling Act.
7AND WHEREAS by order No………..dated………..(hereinafter referred to as “the said Order”) the Competent Authority under the Ceiling Act permitted the Vendor/Lessor/Original Owner and/or Promoter to continue to hold the said land for the 1 This recital should be retained if the Promoter is not himself the owner of the land but is only a developer or builder.
2 Retain if provisions of U. L. (C. & R.) Act, 1976 are applicable.
3 Applicable only in case of section 20 of U.L. (C & R) Act, 1976.
4 Applicable only in case of section 20 of U.L. (C & R) Act, 1976.
5 Applicable only in case of section 20 of U.L. (C & R) Act, 1976.
6 Applicable only in case of section 21 of U.L. (C & R) Act, 1976.
7 Applicable only in case of section 21 of U.L. (C & R) Act, 1976.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 construction of houses for weaker sections of the Society through the Promoter subject to the terms and conditions therein contained.
1AND WHEREAS as per the said Order and as a result of the Development Agreement the Promoters are entitled and enjoined upon to construct buildings on the said land in accordance with the said Order.
2AND WHEREAS the Vendor/Lessor/Original Owner/Promoter being in possession of the said land and buildings thereon will be demolishing/have demolished the old buildings and structures and constructing/has constructed instead new multi storied building thereon.
3AND WHEREAS permission contemplated by section 22 of the Ceiling Act for Development has been obtained by the Vendor/Lessor/Original Owner/Promoter.
AND WHEREAS the Promoter has proposed to construct on the said land 4…………..new multistoried buildings of ground floor at stilt level and 5……….or more upper floors (hereinafter referred to as “the said building/s”).
AND WHEREAS the promoter has entered into a standard agreement with an Architect registered with the Council of Architects and such agreement is as per the agreement prescribed by the council of Architects; whereas the promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the promoter accepts of professional supervision of the Architect and the structural Engineer till the completion of the building/buildings.
AND WHEREAS by virtue of the Development Agreement/Power of Attorney the Promoter alone has the sole and exclusive right to sell the flats in the said building/s to be constructed by the Promoter on the said land and to enter into agreement/s with the purchaser/s of the flats and to revise the sale price in respect thereof.
AND WHEREAS the Flat Purchaser demanded from the Promoter and the Promoter has given inspection to the Flat Purchaser of all the documents of title relating to the said land, the said Order, the Development Agreement and the plans, designs and specifications prepared by the Promoters/Architects Messrs……………and of such other documents as are specified under the Maharashtra Ownership Flats (Regulation of construction, Sale, Management and Transfer) Act, 1963, (hereinafter referred to as the said Act) and the rules made thereunder.
AND WHEREAS the copies of Certificate of Title issued by the Attorney-at-Law or advocate of the Promoter, copies of Property card or extract of Village Forms VI or VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the said land on which the flats are constructed or are to be constructed and the copies of the plans and specifications of the Flat agreed to be purchased by the Flat Purchaser approved by the concerned local authority have been annexed here to and marked Annexure ‘A’, ‘B’ and ‘C’ respectively.
AND WHEREAS the Promoter has got approved from the concerned local authority the plans, the specifications, elevations, sections and details of the said building/s.
1 Applicable only in case of section 21 of U.L. (C & R) Act, 1976.
2 Applicable only in case of section 22, ibid.
3 Applicable only in case of section 22, ibid.
4 Here specify number buildings.
5 Here specify number of floors.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the said land and the said building/s and upon due observance and performance of which only the completion and occupation certificates in respect of the said building/s shall be granted by the concerned local authority.
AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the said plans.
AND WHEREAS the flat Purchaser applied to the Promoter for allotment to the Flat Purchaser Flat No …… on ………… floor in building No ………… situated at ……… AND WHEREAS prior to making application as aforesaid, as required by the provisions of Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act No. XXIV of 1960) and the Urban Land (ceiling and Regulation) Act, 1976, the Flat Purchaser has made a declaration to the effect firstly, that neither the Flat Purchaser nor the members of the family [family as defined under the Urban Land (C&R) Act of 1976) of Flat Purchaser on a tenements, house or building within the limits of 1………………(Name of town in which flat applied for is located):
AND WHEREAS relying upon the said application, declaration and agreement, the promoter agreed to sell to the Flat Purchaser a flat at the price and on the terms and conditions hereinafter appearing.
AND WHEREAS prior to the execution of these presents the Flat Purchaser has paid to the Promoter a sum of Rs ………….. 2(Rupees……………..3) only, being part payment of the sale price of the flat agreed to be sold by the Promoter to the Flat Purchaser as advance payment or deposit (the payment and receipt whereof the Promoter do hereby admit of acknowledge) which shall in no event exceed fifteen per cent. of the sale price of the flat agreed to be sold to the Flat Purchaser, and the Flat Purchaser has agreed to pay to the Promoter balance of the sale price in the manner hereinafter appearing.
AND WHEREAS under section 4 of the said Act the Promoter is required to execute a written agreement for sale of said flat to the Flat Purchaser, being in fact these presents and also to register said agreement under the Registration Act.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1. The Promoter shall construct the said building/s consisting of ground and ……..
upper floors on the said land in accordance with the plans, designs, specifications approved by the concerned local authority and which have been seen and approved by the Flat Purchaser with only such variations and modifications as the Promoters may consider necessary or as may be required by the concerned local authority/ the Government to be made in them or any of them:
1 Here specify the Town.
2 This amount of first instalment should not exceed 15 per cent of the sale price of the Flat.
3 This amount of first instalment should not exceed 15% of the price of the Flat, flat of the purchaser.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50
Provided that the Promoter shall have to obtain prior consent in writing to the Flat Purchaser in respect of such variations or modifications which may adversely affect the flat of the purchaser.
2. The Flat Purchaser hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Flat Purchaser one Flat No…….of the Type………of carpet area admeasuring……………sq. meters (which is inclusive of the area of balconies) on floor as shown in the floor plan thereof hereto annexed and marked Annexure D/Shop No. ……/covered/open Garage No………in the 1……..Building (hereinafter referred to as “the flat”) for the price of Rs…….including …………. being the proportionate price of the common areas and facilities appurtenant to the Premises, the nature, extent and description of the common/ limited common areas and facilities/limited common areas and facilities which are more particularly described in the Second Schedule hereunder written. The Flat Purchaser hereby agrees to pay to that Promoter Balance amount of purchase price of Rs………(Rupees…….) having been paid to the Promoter on or before the execution of this agreement) in the following manner:
(i) 10 per cent Plinth
(ii) 20 per cent Slab
(iii) 7 per cent Walling
(iv) 10 per cent Doors and Windows
(v) 7 per cent Flooring
(vi) 7 per cent Plaster (Internal and External)
(vii) 10 per cent Sanitary Fittings and Plumbing
(viii) 14 per cent or Remaining at the time of occupation.
3. The Promoter hereby agrees to observe perform and comply with all the terms, conditions, stipulations and restrictions, if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Premises to the Flat to the Flat Purchaser, obtain from the concerned local authority occupation and/or completion certificates in respect of the flat.
4. The Promoter hereby declares that the Floor Space Index available in respect of the said land is …….. sq. metres only and that no part of the said floor space index has been utilised by the Promoter elsewhere for any purpose whatsoever. In case the said floor space index has been utilised by the Promoter elsewhere, then the Promoter shall furnish to the flat purchaser all the detailed particulars in respect of such utilisation of the said floor space index by him. In case while developing the said land the Promoter has utilised any floor space index of any other land or property by way of floating floor space index, then the particulars of such floor space index shall be disclosed by the Promoter to the flat Purchaser. 2[****]
5. In case the Promoter is acting as an agent of the Vendor/Lessor/Original Owner of the said land, then, the Promoter hereby agrees that he shall, before handing over 1 Here specify the nomenclature or number of building in which flat is allotted to the Flat Purchaser.
2 Deleted by G. N. of 6-3-1997.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 possession of the flat to the flat purchaser and in any event before execution of a conveyance/1assignment of lease of the said land in favour of a corporate body to be formed by the purchasers of flats/shops/garages in the building to be constructed on the said land (hereinafter referred to as “the Society”/”the Limited Company”), make full and true disclosure of the nature of his title to the said land as well as encumbrances, if any, including any right, title, interest or claim of any party in or over the said land, and shall, as far as practicable, ensure that the said land is free from all encumbrances and that the Vendor/Lessor/Original Owner/Promoter has/have absolute, clear and marketable title to the said land so as to enable him to convey to the said Society/Limited Company such absolute, clear and marketable title on the execution of a conveyance/2assignment of lease of the said land by the Promoter in favour of the said Society/Limited company.
6. The Flat Purchaser agrees to pay to the Promoter interest at 9 per cent per annum on all the amounts which become due and payable by the flat Purchaser to the Promoter under the terms of this agreement from the date the said amount is payable by the Purchaser to the Promoter.
7. On the Flat Purchaser committing default in payment on due date of any amount due and payable by the Flat Purchaser to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Flat Purchaser committing breach of any of the terms and conditions herein contained the Promoter shall be entitled at his own option to terminate this agreement:
Provided Always that the power of termination herein before contained shall not be exercised by the Promoter unless and until the Promoter shall have given to the Flat Purchaser fifteen days prior notice in writing of his intention to terminate this agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the agreement and default shall have been made by the Flat Purchaser in remedying such breach or breaches within a reasonable time after the giving of such notice:
Provided further that upon termination of this agreement as aforesaid, the Promoter shall refund to the Flat Purchaser the instalments of sale price of the Flat which may till then have been paid by the Flat Purchaser to the Promoter but the Promoter shall not be liable to pay to the Flat Purchaser any interest on the amount so refunded and upon termination of this agreement and refund of aforesaid amount by the Promoter, the Promoter, shall be at liberty to dispose of and sell the Flat to such person and at such price as the Promoter may in his absolute discretion think fit.
8. The fixtures, fittings and amenities to be provided by the Promoter in the said building and the flat are those that are set out in Annexure ‘E’ annexed hereto.
9. The Promoter shall give possession of the flat to the Flat Purchaser on or before …….. day of…………… 198 . If the Promoter fails or neglects to give possession of the Flat to the Flat Purchaser on account of reasons beyond his control and of his agents as per the provisions of section 8 of Maharashtra Ownership Flats Act, by the aforesaid date 1 Applicable in case land is leasehold.
2 Applicable if the land is leasehold.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 or the dates prescribed in section 8 of the said Act, then the Promoter shall be liable on demand to refund to the Flat Purchaser the amounts already received by him in respect of the Flat Purchaser the amounts already received by him in respect of the flat with simple interest at nine per cent. per annum from the date the Promoter received the sum till the date the amounts and interest thereon is repaid, provided that by mutual consent it is agreed that dispute whether the stipulations specified in section 8 have been satisfied or not will be referred to the Competent Authority who will act as an Arbitrator. Till the entire amount and interest thereon is refunded by the Promoter to the Flat purchaser they shall, subject to prior encumbrances if any, be a charge on the said land as well as the construction or building in which the Flats are situated or were to be situated:
Provided that the promoter shall be entitled to reasonable extension of time for giving delivery of Flat on the aforesaid date, if the completion of building in which the Flat is to be situated is delayed on account of-
(i) non-availability of steel, cement, other building material, water or electric supply;
(ii) war, civil commotion or act of God;
(iii) any notice, order rule, notification of the Government and/or other public or competent authority.
Note:- The provisions of this proviso are not mandatory but negotiable.
10. The Flat Purchaser shall take possession of the Flat within …………… days of the Promoter giving written notice to the Flat Purchaser intimating that the said Flats are ready for use and occupation:
Provided that if within a period of three years from the date of handing over the Flat to the Flat Purchaser, the Flat Purchaser brings to the notice of the Promoter any defect in the Flat or the building in which the Flats are situated or the material used therein or any unauthorised change in the construction of the said building, then, wherever possible such defects or unauthorised changes shall be rectified by the promoter at his own cost and in the case it is not possible to rectify such defects or unauthorised changes, then the Flat Purchaser shall be entitled to receive from the Promoter reasonable compensation for such defect or change.
11. The Flat Purchaser shall use the Flat or any part thereof or permit the same to be used only for purpose of residence/ office/ show-room/shop/godown for carrying on any industry or business. He shall use the garage or parking space only for the purpose of keeping or parking the Flat Purchaser’s own vehicle.
12. The Flat Purchaser along with other purchasers of, flats in the building shall join in forming and registering the Society or a Limited Company to be known by such name as the Flat Purchaser may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and the registration of the Society or Limited Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign and return to the Promoter within …………….. days of the same being forwarded by the Promoter to the Flat Purchaser, so as to enable Promoter to register the organisation of the Flat Purchaser under section 10 of the said Act within the time limit prescribed by rule 8 of the Maharashtra ownership Flats (Regulation of Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 promotion of construction, Sale, Management and transfer) Rules, 1964. No objection shall be taken by the Flat Purchaser of any changes or modifications are made in the draft bye-laws or the Memorandum and /or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority.
13. Unless it is otherwise agreed to by and between the parties hereto the Promoter shall, within four months of registration of the Society or Limited Company, as aforesaid cause to be transferred to the Society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the aliquot part of the said land together with the building/s by obtaining/ or executing the necessary conveyance/1and or assignment of lease of the said land (or to the extent as may be permitted by the authorities) and the said building in favour of such Society or Limited Company, as the case may be such conveyance/2assignment of lease shall be in keeping with the terms and provisions of this Agreement.
14. Commencing a week after notice in writing is given by the Promoter to the Flat Purchaser that the Flat is ready for use and occupation, the Flat Purchaser shall be liable to bear and pay the proportionate share (i.e. in proportion to the floor area at the Flats) of outgoings in respect of the said land and Building/s namely local taxes, betterment charges or such other lievies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the said land and building/s. Until the Society/Limited Company is formed and the said land and building/s transferred to it, the Flat Purchaser shall pay to the promoter such proportionate share of outgoings as may be determined. The Flat Purchaser further agrees that till the Flat Purchaser’s share is so determined. The Flat Purchaser further agrees that till the Flat Purchaser’s share is so determined the Flat Purchaser shall pay to the Promoter provisional monthly contributions of Rs…………, per month towards the outgoings. The amounts so paid by the Flat Purchaser to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/ 3assignment of lease is executed in favour of the society or a limited company as aforesaid. Subject to the provisions of section 6 of the said Act, on such conveyance/ 4assignment of lease being executed, the aforesaid deposits (less deductions provided for this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. The Flat Purchaser undertakes to pay such provisional monthly contribution and such proportionate share of outgoings regularly on the 5th day of each and every month in advance and shall not withhold the same for any reason whatsoever.