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Arabella - Sohna Application Forms 23-7-2014 - Sohna...Memorandum of Association (MOA), Board Resolution, and Power of Attorney of the authorized signatory is to be submitted along

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APPLICATION FORM

Date of Booking:

Customer Code No.:

Sales Order No.:

To,

SOHNA CITY LLP

No. 3, Ground Floor, Naurang House,

21, K G Marg Connaught Place,

New Delhi - 110001. INDIA.

Dear Sir,

I/We the Applicant (s) request/offer that I/we wish to apply for allotment of a residential unit comprised of a

villa admeasuring ______________ sq. ft. super built up area (“Said Villa”) to be constructed on the plot

bearing No/s.____________________ (hereinafter referred to as the “Residential Plot” in the complex

named as “Arabella”. Residential Plot and Said Villa are collectively referred to as “Said Residential Unit”

and the same is more particularly described in the Schedule under this Application form.

Arabella is being developed by Sohna City LLP (hereinafter referred to as “Developer”) which is a limited

liability partnership (LLP) of Tata Housing Development Company Limited and Raheja Icon Entertainment

Private Limited on land bearing Khasara No. 10, 11, 12, 19, 20/1 and 22 in Rectangle number 289 and Khasra

numbers 6, 13/2, 14, 15 and 16/1 in Rectangle number 290 and Khasra no. 2 in Rectangle number 294,

Village – Raipur and Sohna, Tehsil – Sohna, District – Gurgaon, Haryana, India (hereinafter referred to as the

“Said Project”).

Developer is in the process of acquiring additional land adjoining Said Project and the same shall be part of

Said Project once the same is acquired by Developer and same shall be converted into plot(s) or any other

use permitted by the authorities and sell the same to any prospective buyers and the Applicant(s) shall have

no objection for such amalgamation. There are undetermined areas shown on layout plan which may be

converted into villa or any other use permitted by the authorities and will sell the same to any prospective

buyers and Applicant(s) do not have any objection in this regards.

I/We remit herewith a sum of Rs. (Rupees

only) drawn on

Bank, vide Cheque / Demand

Draft No. dated in favour of “SCLLP-Revenue A/c”

payable at par as ‘Application Money’ [taxes extra].

Signature of First Applicant Signature of Second/ ApplicantJoint

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I/We are making this application with the full knowledge that the Developer will obtain all necessary

approvals from the competent Authorities for the development of the Said Project.

I/ We have clearly understood that this application does not constitute an agreement for sale and I/We do not

become entitled to the allotment of the Said Residential Unit notwithstanding the fact that Developer may

have issued a receipt in acknowledgement of the Application Money tendered with the application and

encashed the same.

I/We have clearly understood and agreed that this application form will be processed by Developer only after

payment/realisation of Application Money of Rs.______________________ (Rupees_________________

_______________________________________________________________________________ only)

as specified in the payment schedule more particularly mentioned in annexure-A-1 [which is payment

schedule for said Residential Unit] and A-2 [which is details / break up of deposits (exclusive of VAT and

Service Tax)]. Annexure A-1 and A-2 collectively is hereinafter referred to as “Payment Schedule” together

with application form complete in all respects.

(Please fill in relevant portions of this APPLICATION FORM for Individual/Joint or Other Entity. Strike out

portions that are not applicable and deposit this APPLICATION FORM in full.)

Signature of First Applicant Signature of Second/ ApplicantJoint2

SOLE/FIRST APPLICANT

Name:

Guardian’s Name (if minor):

Date of Birth: Gender: Male Female

Marital Status: Single Married

Wedding Anniversary:

Nationality:

Occupation:

IT PAN:

Residential Status: Resident Non Resident Indian (NRI) Person of Indian Origin (PIO)

Correspondence Address:

Email:

Permanent Address :

Employment Type: Salaried Self employed

Profession / Job Title:

Company Name:

City Pin CodeState

City Pin CodeState

Mr./Mrs./Ms.

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

(Mandatory)

I wish to receive all communications including demand letters from Developer via email as mentioned hereinabove.

FULL NAME, in CAPITAL Letters (In the order of First, Middle and Last Name, leaving a space between words)

(Please leave a space between each part of the address)

Phone: Home Work

Mobile

Phone: Home Work

Mobile

Tick here if same as correspondence address

3Signature of First Applicant Signature of Second/ ApplicantJoint

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Name:

Relation with the First Applicant:

Guardian’s Name (if minor):

Date of Birth: Gender: Male Female

Marital Status: Single Married

Wedding Anniversary:

Nationality:

Occupation:

IT PAN:

Residential Status: Resident Non Resident Indian (NRI) Person of Indian Origin (PIO)

Correspondence Address:

Email:

Permanent Address :

Employment Type: Salaried Self employed

Profession/ Job Title:

Company Name:

I wish to receive all communications from Developer via email as mentioned hereinabove.

Tick here if same as correspondence address

FULL NAME, in CAPITAL Letters (In the order of First, Middle and Last Name, leaving a space between words)

Phone: Home Work

Mobile

Phone: Home Work

Mobile

SECOND / APPLICANTJOINT

(Please leave a space between each part of the address)

4Signature of First Applicant Signature of Second/ ApplicantJoint

City Pin CodeState

City Pin CodeState

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COMPANY AS AN APPLICANT

Name of Company/ Firm/ Trust :

Date of Incorporation:

Registered Office Address:

Correspondence Address:

Name of the contact person:

Phone: Home Work

Mobile

Email:

Company PAN Card (Mandatory):

City Pin CodeState

(Tick if same as correspondence address)

(Please leave a space between each part of the address)

City Pin CodeState

The Applicant(s) shall mean and include his/her/their/heirs, executors, administrators, successors and legal representatives

*In case of more than one joint applicant please use extra sheet enclosed here with as Annexure - E

5Signature of First Applicant Signature of Second/ ApplicantJoint

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I / We opt for price subject to escalation

(as mentioned in clause 6B)

PAYMENT PER RESIDENTIAL UNIT

(i) Rs.

(ii) Preferred Location Charges Rs.

(iii) Club Membership Fees Rs.

(iv) External Development Charges [EDC] As per actuals as and when demanded by Developer

Infrastructure Development Charges [IDC] As per actuals as and when demanded by Developer

(v) Deposits & other charges As mentioned in Annexure ‘A-2’

(vi) Source of Funds Self Finance Rs. __________________Loan Required Rs. ________________If loan, Kindly mention the amount of loan sought Rs.___________________)

(vii) Source of Booking Direct : _____________________Broker Name : _______________Sales Associate : _____________Name : _____________________

(viii) Whether the Applicant/s is/are an employee ofTATA Group?

If yes, provide a copy of the I- Card / proof of identity

Total Sales Price of Said Residential Unit (“Sales Price”)

Yes No

Sr. Plot Type Area of Residential Said Villa Area of Said Villa [sq. ft.No. Plot (sq mtrs) [Unit Type] Super Built Up Area]

(i)

(ii)

(iii)

(iv)

Signature of the Applicant/s

6Signature of First Applicant Signature of Second/ ApplicantJoint

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RELATIONSHIP WITH THE DIRECTOR/S OF Developer ORTHE ENTITY/S IN WHICH SUCH DIRECTOR/S IS/ARE INTERESTED*

Whether the Applicant/s is Director or related to any of the

director/s of Developer? Yes No

If yes, then kindly provide details in Annexure “B”

Bank account details for refund [in case of non-allotment of the Residential Unit(s)]

Name of account holder:

Bank account number:

Bank name:

Branch location:

City:

MICR Code:

IFSC Code:

7Signature of First Applicant Signature of Second/ ApplicantJoint

1. Application money via Demand Draft/ Pay Order / Cheque.

2. Name of the Applicant(s) and the Application Number behind the Demand Draft/Pay Order/Cheque and all supporting documents. Authorization/POA should be duly attested at the place/location, where the Applicant is residing.

3. PAN No. & copy of PAN Card / Undertaking.

4. Copy of Company Identification Number (CIN) and Certificate of Incorporation.

5. Email ID and Mobile Number of the Applicant[s]/ Second Applicant

6. Proof of residence (Ration card/Adhaar Card/ electricity bill/ phone bill/ driving license/ voter’s identity card).

7. Relationship disclosure/s made in Annexure B

8. If the Applicant(s)/ Joint Applicant being a Non-Resident Indian (NRI)/ Person of Indian Origin (PIO), true copy of their valid Passport & documents evidencing NRI/PIO status along with Account details of NRE/NRI / NRO.

9. Other Entities, i.e. a Body Corporate incorporated in India or Partnership firm or Hindu Undivided Family (HUF) or any other Association of Persons (AOP) recognized as a legal entity under any law in India (copy of Certificate of Incorporation or copy of Registration Certificate, as the case may be, as also a copy of the Income Tax Permanent Account Number Card (PAN Card). Also copy of Memorandum of Association (MOA), Board Resolution, and Power of Attorney of the authorized signatory is to be submitted along with the Application Form).

10. For Partnership Firm: Partnership Deed along with authority in favour of Partner to sign application/documents.

11. For Trust: Copy of Trust Deed., Resolution/necessary permission required under applicable laws.

12. In case of Joint Applicant’s signatures of all the Applicants on all pages of the Application Form.

Name & Signature of the Receiving Officer (Confirming receipt of all the documents)

LIST OF DOCUMENTS/ DETAILS TO BE PROVIDED BY THE APPLICANT(S)

8Signature of First Applicant Signature of Second/ ApplicantJoint

GENERAL TERMS & CONDITIONS

1.(a) WHO CAN APPLY:An individual, i.e. a person of the age of majority or a minor through legal or natural guardian, whether an Indian citizen or Non-Resident Indian Citizen or a Person of Indian origin, resident in India or abroad (in case of minor, age proof and name of natural guardian is required). Joint application by only two natural persons is permitted.

Indian Resident Applicants should attach a copy of their Income Tax Permanent Account Number Card (PAN Card). Non-Resident Indian/Person of Indian Origin (PIO) should attach a copy of the document showing their NRI/PIO status with the filled Application Form.

1.(b) CHANGES IN CONTACT DETAILS:Applicant(s) is/are required to keep Developer informed if any changes of their contact details in writing. Applicant(s) have to provide his/her/their/its Email Id and Contact Number to Customer Care of Developer with reference of Customer ID mentioned in this Application Form.

1.(c) COMPLIANCE WITH STATUTORY PROVISIONS:

The Applicant(s), if resident outside India, shall be solely responsible to comply with the provisions of the Foreign Exchange Management Act 1999 (FEMA) and The Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000, and/or all other statutory provisions as laid down and notified by the Government or concerned Statutory Authorities from time to time, including those pertaining to remittance of payment(s) for acquisitions of immovable property in India. The Applicant(s) shall also furnish the required declaration to Developer on the prescribed format, if necessary. All refunds to Non-Resident Indians (NRI) and Persons of Indian Origin (PIO), if any, shall, however, be made in Indian Rupees only and the necessary permission shall be obtained by NRI or PIO.

1.(d) FOREIGN REMITTANCE:In case of foreign remittance the net amount credited to bank shall be taken as amount received and necessary bank charges shall be borne by the Applicant (s).

1.(e) OBTAINING PERMISSION FOR PURCHASE:The Applicant(s) shall be solely responsible to obtain any requisite permission, if any, from appropriate authorities for the purchase of the Said Residential Unit and Developer shall not be responsible for the same. The Applicant(s) shall keep Developer informed about the status of the requisite permissions. Allotment is subject to the requisite permissions and if the same is refused at any point of time then, the amount paid towards booking and further consideration will be returned by Developer as per rules without interest and after deduction of the applicable charges as mentioned under this Application. The allotment shall also be cancelled forthwith and Developer will not be liable in any manner on such account. The Applicant(s) shall cease to have any right title and / or interest in the Said Residential Unit.

2. APPLICATION PROCEDURE

2.(a) APPLICATION SIGNED BY THE APPLICANT(S):The completed application form duly filled and signed by the Applicant(s) and submitted together with the Cheque/ Demand Draft/ Pay Order/authorised Electronic transfer in favour of “SCLLP Revenue A/C.”,(____________________ Branch), payable at __________________ / at par for the amount of Application money as shown in the Payment Schedules. No outstation cheque will be accepted. Cheque should be CTS and at par.

2.(b) DISHONOUR OF CHEQUE:If any of the cheque submitted by the Applicant(s) to Developer is dishonored for any reasons then Developer shall intimate the Applicant(s) of the dishonour of the cheque and the Applicant (s) would be required to tender a Demand Draft of the same amount to Developer within ten (10) days from the date of dispatch of such intimation by Developer and the same shall be accepted subject to ‘Dishonour Charges’ of Rs.2,000/- (Rupees Two Thousand only) (taxes shall be extra, if applicable)

9Signature of First Applicant Signature of Second/ ApplicantJoint

for each dishonuor. In the event the said Demand Draft is not tendered within the stipulated time period mentioned herein, then the Application may be cancelled at the sole discretion of Developer subject to provisions in Clause No. 5 (b) hereunder.

3. SCRUTINY REJECTION AND REFUNDS:

3[a] Application remaining incomplete or deficient in any respect and/or not accompanied by the required remittance and/ or relevant documentary evidence will be liable to be rejected. Application money received from the Applicant(s) will be refunded without interest to the Applicant(s) and Cheque for such refund shall be dispatched within 45 (forty five) days from the date of receipt of the communication on such rejection.

3[b] The Joint Applicant (s) have no objection for transfer/refund of money in the Bank Account details provided by the Applicant(s) in this Application.

4. ALLOTMENT PROCEDURE:

4.(a) Allotment shall be done as per the procedure mentioned in Annexure-D. Applicant(s) when allotted the Said Residential Unit by Developer through allotment letter, shall be referred to as “Allottee(s)”.

5. WITHDRAWAL OF APPLICATION/ CANCELLATION

5.(a) Before Allotment:Applicant(s) may withdraw their Application prior to the allotment and may get full refund of the Application Money without any interest and without deduction of any cancellation or administrative charge within 30 (thirty) day of receipt of communication of withdrawal by the Applicant.

5.(b) After Allotment:Developer has obtained layout plan approval for the said Project and will apply for building plan approval for construction of the Said Villa. The approval of building plan for the Said Villa will be obtained within 9 months from the date of this application.

I.A. If the Applicant(s) wants to withdraw/cancel the allotment of the Said Residential Unit on or before 9 months from the date of this application or after obtaining building plan approval then the Applicant(s) shall be entitled to withdraw the allotment and upon such withdrawal by the Applicant(s), Developer shall refund without interest the amounts received from the Applicant (s) after deductions of actual amount paid subject to a maximum of 15% of the Sales Price, within 60 days from the demand made by the Applicant(s).

I.B In case the building plans and other requisite plans required for commencement of construction of Said Villa are not approved by the competent authorities within 9 months from the date of this Application then in such an event Applicant(s) would have option to withdraw/cancel the allotment of the Said Residential Unit and in such case the Applicant(s) will be entitled for refund of the entire amount received by Developer from Applicant(s) together with the interest starting from the date of realization of such amount from time to time as per payment schedule, calculated at the rate of 9% p.a. The Applicant(s) after such refund of the amounts mentioned hereinabove shall cease to have any right of whatsoever nature in the Said Residential Unit.

I.C In the event Applicant(s) want to withdraw or cancel the allotment of Said Residential Unit, after building approval is obtained by the Developer (if Applicant(s) have not opted for withdrawal or cancellation of the allotment of the Residential Unit as mentioned in clause I.B above) then upon such withdrawal by the Applicant(s), Developer shall be entitled to forfeit the amounts actual paid by the Applicant (s) not exceeding 15% of the Sales Price and the balance amount (if any) shall be refunded without any interest within 60 days from the demand made by the Applicant(s). The Applicant(s) after such refund of the amounts mentioned hereinabove shall cease to have any right of whatsoever nature in the Said Residential Unit.

10Signature of First Applicant Signature of Second/ ApplicantJoint

II. Developer on default of payment of Sale Price by the Applicant (s) shall be entitled to cancel the Allotment and upon such cancellation, Developer shall refund the monies paid by the Applicant (s) on the date of cancellation without interest subject to forfeiture of Application Money or the actual amount paid whichever is higher subject to a maximum of 15% of the Sales Price;

(III) Developer shall exercise the said right of cancellation/termination of the said Allotment Letter mentioned in Clause 5 (b) (II) hereinabove in the following manner:

(i) Upon non receipt of payment within due date, Developer shall issue a notice to the Applicant(s) to pay the amounts due within (45) days of due date. The Applicant(s) shall be liable to pay the due amounts with interest accrued thereon as prescribed under Clause 8(b) hereunder.

(ii) Upon non-payment of due amounts by the Applicant (s) even after expiry of (45) days’ notice, Developer shall in its sole, absolute and unfettered discretion be entitled to cancel/ terminate the allotment letter and the allotment thereof. DEVELOPER will issue a cancellation/ termination letter without any further notice to the Applicant(s).

(iii) Upon the cancellation and termination of the said allotment of the Said Residential Unit the Applicant shall cease to have any right or interest with respect to the Said Residential Unit and, Developer shall be at a liberty to sell or otherwise dispose off the Said Residential Unit to any other person/party whomsoever, at such price, in such manner and on such terms and conditions as Developer may in its sole discretion think fit and proper and the Applicant (s) have no objection or dispute in this regard. Applicant(s) hereby indemnify and keep indemnified Developer against any loss, claim or damages raised against Developer in future by any person in these regards.

5.(c) Application(s) containing false information known to the Applicant(s) are liable to be summarily rejected and allotment shall stand cancelled whenever such defect are detected at any point of time even if allotment has been made. Upon such cancellation, the installments paid will be refunded without any interest subject to forfeiture as stated in clause 5(b).

6.A SALE PRICE

6.(a) PaymentSale Price shall be paid as per the Payment Schedule mentioned in Annexure-A-1 and A2 as applicable.

Price mentioned hereinabove is exclusive of all taxes, which may be leviable by any appropriate authorities would include (but not limited to), taxes like Value Added Tax [VAT], works contract tax, Service tax and any other tax, both present and future, as may be applicable from time to time, shall be separately charged and recovered from the Applicant(s).

6.(b) Taxes:The Applicant(s) hereby agree/s that, the Applicant(s) shall be responsible and liable to pay VAT (under Haryana Value Added Tax Act), Service Tax and / or such other levies, statutory charges etc. as may be applicable on transfer and sale of Said Residential Unit and undivided interest therein by Developer to the Applicant(s). The Applicant(s) would also be liable to pay interest/ penalty / loss incurred to Developer on account of the Applicant’s failure and /or delay to pay the VAT / Service tax and/or such other levies, statutory charges etc., within 7(seven) days of being called upon by Developer, without assigning any reasons for the same.

The Applicant(s) further agree/s that the Applicant(s) shall be liable to pay all taxes, levies statutory charges imposed by appropriate authorities applicable to the transfer and sale of Said Residential Unit with retrospective effect and if any recovery proceedings in consequence thereof are initiated.

Applicant(s) will be solely liable and responsible to deduct and deposit 1% TDS or applicable taxes at the time of making of payment to Developer, if mandated under the provisions of Applicable Laws.

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Applicant(s) need to provide the copy of TDS challan and form 16B immediately after depositing the same. At the time of making the payment Applicant(s) will inform Developer in writing that he/she has deducted the TDS and will provide the challan after deposit.

It is further agreed by the Applicant(s) that the Applicant(s) shall before obtaining the possession of the Said Residential Unit pay the requisite amount of Haryana Value Added Tax [VAT] or any other charges levied by statutory authorities by time to time, Service tax and any other tax (if applicable) for construction / sale of Said Residential Unit to Developer.

In addition to the above, the Applicant(s) further agree/s to pay Goods and Services Tax (GST) upon introduction of GST in India in lieu of VAT and Service Tax by the Government of India as may be applicable on the transaction of transfer and sale of Said Residential Unit by Developer to the Applicant(s).

6.(c) Payment of Charges:Maintenance charges, deposits, electrical meter deposits/ connection charges, water and sewer connection charges, electrical connection charges, documentation/legal charges and other charges/ deposits as may be applicable along with applicable taxes thereon, shall be separately paid by Applicant(s) as may be charged either by Developer or the Maintenance Agency appointed by it.

6.B VARIABLE PRICE: [Not applicable in case of variation-free price option]

Applicant(s) agree/s and understand/s that the consideration towards Said Residential Unit is interalia based on following factors i.e. the cost of materials and labour as on the end of the quarter in which the booking is received. However, if there is any increase or decrease in the cost of construction material and labour up to 2% (two percent) from the date of Application till the date of possession as may be mentioned in the Agreement (defined hereunder), then the same shall be borne by Developer. If there is any increase in the cost of construction material and labour beyond 2% (two percent) (hereinafter referred to as ‘Variation Charges’) then the same shall be borne by Applicant(s).

Computation of variation charges shall be based on the respective RBI indices published in the RBI bulletin.

The respective RBI indices are:• Steel - indices published as Steel - Long in the category of Basic Metals, Alloys & Metal Products.• Cement - indices published as Cement & Lime in the category of Non-Metallic Mineral Products.• Fuel & Power- indices published as Fuel & Power • Other Building Construction materials - indices published as All Commodities in the Index

Numbers of` Wholesale Prices in India. • Labour - indices published as Consumer Price Index Numbers for Industrial Workers.

A. Estimated Percentage of various cost component is as follows Steel - 13%Cement - 17%Other Construction Material - 30%Fuel and Power - 5%Labour - 35%

B. Variation shall be computed at every quarter till handing over the possession. C. Prevailing indices at the time of booking shall be taken as opening indices.

D. Weighted average of all these quarters to be taken as the closing indices for computation of variationcharges.

E. Variation Charges shall be calculated on the overall cost of construction material and labour and not on the individual components mentioned hereinabove.

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F. The term ‘Quarter’ shall mean period from January to March, April to June, July to September and October to December.

It is agreed by the Applicant(s) that the date of possession and calculation of the same is subject to force majeure. It is further agreed by and between the Applicant(s) and Developer that the amounts contained in the Annexure A-1 hereto out of the consideration of Said Residential Unit shall be treated as the cost of construction material and labour.

Developer shall appoint a Chartered Accountant to independently verify the variation Charges as computed by Developer from time to time. Such verified variation Charges shall be paid/refunded (or adjusted), as the case may be, by the Applicant(s) at the time of offer of possession of Said Residential Unit to the Applicant(s).

The calculation of the Variation charges shall be done as per the formula appearing in the Annexure “C”.

The verified Variation Charges, as intimated to the Application (s) shall be final and binding on the Application(s). The Application (s) agree/s and understand/s that any default in payment of the variation Charges shall amount to a breach of the terms and conditions of this under the application or the Agreement (defined hereunder) when executed. The possession of Said Residential Unit shall not be handed over to Application (s) unless variation Charges are paid in full along with delayed interest, if any, as stipulated under the application or the Agreement (defined hereunder) when executed.

6.C POSSESSION TIME AND COMPENSATION:

Developer shall endeavor to give possession of the Residential Unit to the Applicant(s) on or before the possession date as mentioned in the Agreement. (defined hereunder) subject to force majeure event. The Developer shall have reasonable extension of two months from the date of possession for handing over possession of the Residential Unit. If the DEVELOPER fails to give possession of the Residential Unit on the reasonable extended date then, the DEVELOPER shall pay to the Applicant(s) compensation @ 6% per annum on the amounts received till date towards the Residential Unit till the date of occupation certificate, provided the Applicant(s) does not cancel the booking /allotment.

However, the compensation shall not be paid:

a] For any delay in getting essential infrastructure facilities;

and /or

b] Delay due to force majeure

c] If the Applicant(s) / Allottee(s) commit/s any breach of terms and conditions contained herein or the Agreement (defined hereunder) [when executed] by the Applicant(s).

In the event of Applicant(s) fail to take over and/ or occupy the Said Residential Unit within the timeline as mentioned in the intimation in writing by Developer, then the same shall lie at his/ her/ their risk and cost and Applicant(s) shall be liable to pay 1.25 times of the maintenance charges from date of offer to take possession of the Said Residential Unit till the Applicant(s) takes actual possession of the said Residential Unit. The aforesaid maintenance charges interalia include any cost towards the maintenance of Said Residential Unit.

7. PROVISION FOR PARKING SLOT/SPACES:

The parking spaces in the Project shall be provided as per the scheme and design planned by the Developer within the said Residential Plot.

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8. TIMELY PAYMENT

8.(a) It shall be incumbent on the Applicant(s) to comply with the terms of payment in respect of Said Residential Unit and any other sums payable under the General Terms and Conditions. Timely payment shall be the essence of each transaction.

8.(b) Payment of installment, and all other administrative dues shall have to be made within due dates as would be mentioned in the letter(s) of Developer to be issued from time to time requesting for such payments. Payment within time would be deemed to be essence of the terms of allotment. Part payments will not be accepted after the due dates. The Developer may, at its sole option and discretion, waive in writing the breach by the Applicant(s) of not making payments as per the schedule of payments given in Annexure A-1 and A-2 but on condition that the Applicant(s) are liable to pay interest on the amount due as under:

(i) Interest @ 15% (Fifteen Percent) per annum shall be paid on the amount due which shall be calculated for the first period of 60 days from the date on which the amount was due till the date of payment (both days inclusive).

(ii) Interest @ 18% (Eighteen Percent) per annum shall be paid on the amount due which shall be calculated for the period beyond 60 days from the date on which the amount was due, till the date of payment (both days inclusive).

It is made clear and so agreed by the Applicant(s) that exercise of discretion by the Developer in the case of one Applicant(s) shall not be construed to be a precedent and/or binding on the Developer to exercise such discretion in the case of other Applicant(s).

All payments received will be first applied towards taxes payable, then towards the installments along with taxes applicable to the said installment, towards interest payable and then towards other dues if any.

9. TRANSFER OF ALLOTMENTS OF SAID RESIDENTIAL UNIT AND TRANSFER FEE

9.(a) The Applicant(s), cannot transfer the allotment in favour of a third party for 12 (Twelve) months from the date of allotment of Said Residential Unit. Transfer of Allotment may be permissible after 12 (Twelve) months subject to approval by Developer, who may at its sole discretion permit the same on payment of transfer charges of 0.75% (Zero point Seventy Five percent) of the Sale Price, [taxes extra] and other administrative charges as may be fixed by Developer from time to time, submission of inter alia affidavit/ undertaking/request for transfer or any other document and on such terms and conditions and guidelines as it may deem fit by Developer. Stamp duty as applicable on this transfer shall be paid by the transferor / transferee. The transfer shall be allowed only subject to clearing all the sums that shall be due and payable to Developer on the date of submission of the request application.

The Applicant(s) agree/s and undertake/s to execute/register Agreement (defined hereunder)/Sale Deed (as the case may be and as mentioned in clause 10) in view of the changes by properly entering into deeds, documents and writings in case the Agreement (defined hereunder) / Sale Deed [as the case may be] is already executed/registered before effecting the transfer as aforesaid.

9.(b) However, any time after allotment of Said Residential Unit and before the execution of the Agreement (defined hereunder) / Sale Deed in respect of Said Residential Unit transfer fees of Rs.10,000/- (Rupees Ten Thousand only) [applicable taxes extra] shall be payable in case such transfer is in favour of the spouse or child, parents or brother or sister of the Applicant (s) shall be solely responsible at their cost for execution/ registration of such documents to effect such transfer post approval of the Developer. However, such transfer shall be allowed only once before execution of Sale Deed.

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9.(c) Any time after allotment and before the execution of the Agreement (defined hereunder) in respect of Said Residential Unit the inclusion/ deletion of the name/s of the spouse or child, parents or brother or sister of the original Applicant as new Joint Applicant(s) or change of Joint Applicant(s) or swapping / interchanging between the First and Second / Joint Applicant / Allotee is permissible subject to charges of Rs.10,000/- (Rupees Ten Thousand only) [applicable taxes extra].

9.(d) The request for transfer, inclusion, deletion or swapping between the Applicant(s) as mentioned in clause 9 (a) and 9(b) shall be subject to clearing all the sums that shall be due and payable to Developer on the date of submission of the request application and the Applicant shall be solely responsible for any future government levies, taxes etc arising from such transfer.

10. DOCUMENTATION FOR TRANSFER:

10.(a) Execution of Agreement:It will be Developer’s endeavor to execute the buyers agreement for Said Residential Unit (hereinafter referred to as “Agreement”) and the Sale Deed as and when required by the Developer. Agreement and Sale Deed (defined hereunder) will be drafted by the Solicitors/Advocates of Developer and shall be in such form and contain such particulars as may be approved by Developer. No request for any changes, whatsoever, in the Agreement /Sale Deed (defined hereunder) will be entertained.

10.(b) Registration of Sale Deed:In case, the Applicant(s) fail/s or neglect/s to get the Sale Deed for transfer of Said Residential Unit in favour of the Applicant (s) (“Sale Deed”) registered within the date notified by Developer, physical possession of Said Residential Unit to the Applicant (s) may be withheld by Developer and penalty if any payable under relevant laws for delay in completion of the registration of Sale Deed will be payable by the Applicant (s) till the registration of the Sale Deed is completed. Developer shall have the right to cancel the allotment in case the Applicant (s) fail/s to execute the Agreement and Sale Deed and also if the Applicant (s) fail to register the Sale Deed within 15 (fifteen) days from the date notified to the Applicant (s). Upon such cancellation, the amounts received from the Applicant (s) will be refunded without any interest but after deduction of applicable charges as stated in clause 5(b).

10.(c) Payment of applicable Stamp Duty & Registration Charges:Applicant(s) will be required to pay, on demand, to Developer or to the concerned authorities, as may be so decided by Developer, the applicable stamp duty and registration charges for registration of the Agreement /Sale Deed of Said Residential Unit.

11. GENERAL:

(a) Applicant(s) has/have verified and is/are satisfied with the documents/deeds, which entitles Developer to allot the Said Residential Unit, and such allotment of Said Residential Unit to the Applicant(s) shall be made by Developer on the terms and conditions as contained herein.

(b) Applicant(s) agree/s to abide by the terms and conditions set forth in the said Allotment Letter and the Agreement and also agree/s to sign the Agreement formally accepting the terms of sale and the Applicant(s) agree/s to comply with all statutory requirements as applicable.

(c) This applications is mere request by the Applicant(s) for the allotment of Said Residential Unit in the Said Project and Developer reserves the right to accept or refuse the allotment of Said Residential Unit without assigning any reason whatsoever.

(d) In case of Joint Applicant, any document signed/accepted/ acknowledged by any one of the Applicant(s) shall be binding upon the other Applicant.

(e) Said Project is part of a larger township scheme. The said Project may not have the infrastructure in place as on the date of booking or at handing over of possession of the said Residential Unit as the same is to be provided by the Government /nominated government agency. Since this is beyond the

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control of Developer, therefore, the Applicant(s) shall not claim any compensation for delay/ non-provision of infrastructure facilities in the Said Project. There are some undermined areas in the Said Project, which can be developed and sold to other parties in future by Developer.

(f) It is agreed by and between the parties that due to any change in act, rules, regulations or any stipulations, there is any change in the structure of agreement in terms including but not restricted to amendments to super built up area, etc., all the recommendations which need to be incorporated shall be so incorporated in agreement/ or a revised agreement and the Applicant(s) have no objection to the same as long as the transaction to Said Residential Unit applied for and other terms and conditions remain the same. It may involve restructuring/ or rewriting of the Agreement with the proportionally increased price on super built up area basis or revision of method, terms or price payable on any other basis for compliance of the terms, act, byelaws of the said act but the total price payable for Said Residential Unit and other terms and conditions contains herein shall remain unchanged.

(g) Applicant(s) are aware that the Developer has proposed to develop inter alia a community center, gym, health club, water body/splash pool etc. (Community Centre) in the Complex subject to the permission/ sanctions from the statutory bodies for the purpose of social activities and the Applicant (s) has agreed to avail membership of this Community Centre. Community Centre may be developed simultaneous to or after development of Said Residential Unit and for the membership of the Community Centre the Applicant(s) agrees to pay and shall pay all such other charges as may be stipulated by Developer from time to time. It is also clarified that the membership to the Community Centre will be available to the Applicant (s) and no outsider, without prior permission of Developer or maintenance agency. Entry to the Community Centre will be allowed and the facilities will be used on terms and conditions as may be stipulated by Developer or maintenance agency from time to time.

(h) Applicant(s) shall pay, as and when demanded, the maintenance charges including security deposit for providing, maintaining and up-keeping the Said Project, Property taxes and other statutory dues, taxes and levies and other deposits and charges for the various services to be provided in the Project, as may be determined by Developer or the maintenance agency appointed for this purpose, as the case may be.

(i) Applicant(s) undertakes to join any society/ association of the residential unit(s) owners in the Said Project and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by Developer in its sole discretion for this purpose.

(j) It is understood that the Applicant(s) have applied for allotment of Said Residential Unit for residential purpose only.

(k) In case of Joint Applicant, any document signed/accepted/ acknowledged by any one of the Applicant (s) shall be binding upon the other Applicants (s).

(l) The expression ‘Complex’ wherever used in these terms and conditions shall always mean the complex and development on the Said Project which will be known as “Arabella”.

(m) Developer at its sole discretion shall have the right to effect suitable and necessary alterations in the layout plan, master plan, landscape and common amenities plans and/ or specifications, as and when required due to sanction/ revision of building plans, technical reasons, site conditions or any other reasons, which may involve all or any of the changes, such as, increase/decrease in size, layout, change in its number etc. However, if there is any increase/ decrease in the areas, the differential amount will be adjusted/ payable on pro rata basis.

(n) Applicant(s) agrees/s and confirm/s that if in the event of variation in the super built up area is due to alteration/s modification/s of the building plans resulting in an increase / decrease in the super built up area of Said Villa, Parties shall be bound with following terms:

(I) In case there is any increase or decrease of super built up area up to 2% of Said Villa, then the same shall be acceptable to Applicant (s) and no charges / refund as the case may be will be made.

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(II) In case of increase or decrease of super built up area beyond 2% of Said Villa upto 7% then the difference of area beyond 2% up to 7% shall be subject to charges or refund of the proportionate Sale Price, as the case may be. For e.g. if there is increase in area of 4% then Applicant (s) shall be liable to pay the charges for variation of 2%.

(III) In case of increase or decrease in super built up area of Said Villa beyond 7%, then the Applicant (s) shall have an option to withdraw or cancel the booking of Said Residential Unit within 30 days from the date of receipt of notice by Developer in this regard and the consequences shall be as under:

(a) In case of withdrawal or cancellation of the booking of Said Residential Unit by Applicant (s), the Developer shall refund all the monies paid by Applicant (s) towards Sale Price without any interest and after deducting applicable charges as mentioned under this Application form.

(b) In case Applicant (s) decides to continue with the booking of Said Residential Unit, then such increase/decrease shall be subject to charges/refund as the case may be. For e.g. if there is increase in super built up area of Said Villa by 8% then Applicant (s) shall be liable to pay the charges for variation of 6%.

(o) It is further agreed by the Parties that, in the event there is any change in plans, specifications or location due to change of plans, permission, consent etc. is required by statutory authorities, the same shall be fully binding on the Applicant(s).

(p) The layout, and building plans, specifications of the unit(s)/complex and the amenities and the facilities and the residential unit(s) as shown in the various booklets/inserts/brochures and the application form shall be subject to changes/ variations. Developer may effect such variations, additions, alterations, deletions and/or modifications therein as it may, at its sole discretion, which is, deemed appropriate or as may be directed by competent authorities

(q) Developer reserves the right to create charge on the Complex for obtaining development and other finance from credit/financial institution, bank or other person/body that has already or may hereafter advance credit, finance or loans to Developer and the Applicant (s) whenever asked in support of by Developer in this regard, shall give and grant to Developer, his/her/their/its specific, full, free and unqualified consent and permission for doing the same, and strict compliance of this condition on the part of the Applicant (s) shall be of the essence of allotment of Said Residential Unit. Failure on the part of the Applicant (s) to implement and comply with this essential condition will be treated as a breach of the said Allotment Letter and/or the Agreement when executed, and Developer shall thereupon be entitled to cancel and terminate the said Allotment Letter and/or the Agreement (as the case may be). However, on or before the execution of the Agreement for Sale, the respective Said Residential Unit of the Applicants (s) will be freed from all such encumbrances.

(r) Developer will have the right to decide which block(s)/building(s) to construct first. All the buildings may not be constructed simultaneously. The Project will be completed in various construction Phases and availability of few common amenities, services and Community Centre will be dependent on the construction phasing and may get ready till the last phase is completed or /and at the end of the Said Project.

(s) Developer has made clear to the Applicant(s) that it may be carrying out extensive developmental/ construction activities at any time in future in the entire area falling outside the land beneath footprint of Said Residential Unit and that the Applicant(s) has confirmed that he/ she shall not raise any objections or make any claims or default in any payments as demanded by Developer on account of inconvenience, if any which may be suffered by him/ her due to such developmental/ construction activities or incidental/ related activities.

(t) Due to any operation of law or any statutory order or otherwise as may be decided by Developer, if a portion of the entire scheme or the entire scheme is discontinued or truncated then the Applicant(s) affected by such discontinuation or truncation will have no right of compensation from Developer.

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Developer will, however, refund all the money received from the Applicant(s) without any interest however, subject to deductions of taxes paid by the Applicant(s) as per the relevant provision of the relevant Act on the date of discontinuation of the scheme. Further if for any reason(s) Developer, is not in a position to allot Said Residential Unit applied for, due to revision of the building plans or for any reasons whatsoever beyond the control of Developer, then Developer shall refund only the actual amount paid, without any interest and Developer shall not be liable for payment of any compensation on this account whatsoever.

(u) In case during the course of construction and/or after the completion of the Complex, further construction on any portion of vacant land becomes possible, Developer shall be entitled to take up such further construction and the Applicant(s) have no objection for the same.

(v) No request for modification or change in the exterior facades and no internal structural changes of Said Residential Unit will be permitted. No reimbursement or deduction in the value of Said Residential Unit shall be considered by Developer in case the Applicant (s) desire/s (with prior written approval/consent of Developer) to do some works /install some different fittings/floorings etc. on his/her own within Said Residential Unit and request Developer not to do such work/install fittings/floorings etc. within Said Residential Unit.

(w) In the event of paucity or non-availability of any material Developer may use alternative materials of similar quality and the decision of the Developer in this regards shall be binding on the Applicant(s).

(x) All designs, measurements, specifications mentioned and stated herein are tentative and subject to changes.

(y) The Applicant(s) hereby indemnify and keep indemnified the Developer against observance and performance of the terms and conditions herein.

(z) All correspondence will be made with First Applicant(s)/Applicant(s) at the address for correspondence on Developer’s record initially indicated in the Application Form. Any change of address will have to be notified in writing to Developer at its registered office and acknowledgement obtained for such change. In case there is a joint Applicant, all communication shall be sent by Developer to the First Applicant and which shall for all purposes be considered as served on both Applicant(s).

(aa) The Applicant(s) confirm/s that he/ she/they does/do not have any objection for Developer sending communication via telephone or e-mail regarding its upcoming projects and related offers.

(bb) The Applicant(s) must quote the customer identification number and the Said Residential Unit number as may be indicated in the said Allotment Letter, in all future correspondence.

(cc) Developer, however, may at its sole discretion, relax any of the conditions stated herein.

(dd) Infrastructure costs like water, electricity and sewerage connection charges and all deposits payable to the concerned authorities will be applicable/ charged at actuals as determined at the time of handover.

(ee) Developer will not be responsible for providing access road and other infrastructure facilities which are controlled by Government Agencies/Statutory Authorities.

(ff) Specific instructions to Applicant(s) (s):

(I) Applicant(s) shall not change the design or layout of Said Residential Unit and external construction and colour scheme of Said Residential Unit for 10 years starting from complete handover of the project in favour of the association of the Said Residential Unit purchasers.

(II) Applicant(s) shall obtain no objection certificate (NOC) from Developer for any changes to be carried out in the Said Residential Unit after 10 years. Developer may grant NOC, required that the proposed change by Applicant(s) is adhering with the design intent of Developer.

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(III) Applicant(s) shall neither shift the compound wall shall nor shall do any changes in the color /structural design of compound wall.

(IV) Applicant(s) shall not dig or excavate any borewell or tubewell or any other excavation in the Residential Plot.

12. DISCLAIMER FOR SHOW RESIDENTIAL UNIT

12.(a) Developer may provide a show residential unit in the Complex. Applicant(s) agree/s and understand/s that all standard fittings and dimensions of the show residential unit may vary as to its make, colour, shade, shape and appearance from the ones provided in the actual Said Residential Unit agreed to be constructed.

12.(b) Interiors:The Applicant(s) agree/s and understand/s that the interiors, furniture, kitchenette and fixtures in the sample residential unit are provided only to give a vision of a furnished Said Residential Unit as per the advice of the interior designer.

13. JURISDICTION AND ARBITRATION

13.(a) All disputes or differences relating or arising out of or in connection with the allotment read with the terms and conditions contained herein, shall be mutually discussed and settled between the parties.

13.(b) However, disputes which cannot be settled amicably, shall be finally decided and resolved by arbitration in accordance to the provisions of the Arbitration and Conciliation Act 1996 and any subsequent amendments thereto. The matter requiring arbitration will be referred to a sole arbitrator to be appointed by Developer at Delhi only. The proceeding of the arbitration shall be conducted in English language and shall be construed as domestic arbitration under the applicable laws.

13.(c) All disputes/issues arising out of arbitration will be subject to the exclusive jurisdiction of Courts at Delhi.

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DECLARATION

1. I/We hereby solemnly declare that all the foregoing facts are true to the best of my/our knowledge and nothing relevant has been concealed or suppressed. I/We also undertake to inform Developer of any future changes related to the information and details shown in this Application Form.

2. I/We hereby also declare that I/we have read and understood the terms and conditions and all other

information/conditions stated in the accompanying GENERAL TERMS & CONDITIONS including consideration of the Said Residential Unit and price and Payment Schedules and agree to abide by the same, which may be modified or amended by Developer.

3. I / We hereby declare that and confirm that I am/ We are a Non Resident Indian/ Person of Indian Origin

and I /We shall comply with all the statutory compliances as required from time to time under applicable laws/ rules and Developer shall not be liable for the same in any manner whatsoever. We shall keep Developer informed about any change in the above status.

Signature of the First/ Applicant Signature of the Joint /Second Applicant

Date:

Place:

Sole ................................................................ ................................................................

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Schedule of Said Residential Unit

Schedule of Residential Plot

Villa admeasuring _______________ sq. ft. of super built up area to be constructed on the Residential Plot

bearing number ________________ admeasuring _________________________ in Said Project of

“Arabella” situate at land bearing Khasra Nos. 10, 11, 12, 19, 20/1 and 22 in rectangle number 289 and

Khasra numbers 6, 13/2, 14, 15 and 16/1 in Rectangle number 290 and Khasra no. 2 in Rectangle number

294, Village – Raipur and Sohna, Tehsil – Sohna, District - Gurgaon, Haryana, India.

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ANNEXURE “A-1”

PAYMENT SCHEDULE FOR SAID RESIDENTIAL UNIT

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ANNEXURE- A-2

(Details / break up of deposits are exclusive of VAT and Service Tax)

“ ”

Note:

• Maintenance charges, Deposits, legal fees, stamp duty, registration fees, others, VAT & Service Tax etc., if any whenever called for shall be paid/ payable by the Applicant(s).

• Service Tax and VAT are payable on the consideration at the rate applicable from time to time.

• Infrastructure/ Electricity/ Water charges shall be payable as may be demanded.

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Specify the name/s of the director/s with

whom the Applicant(s) is related

alongwith the nature of relationship with

the Applicant(s)

Whether the Applicant(s) is/are interested

in the entity/s in which director/s of

Developer is/are interested?

If yes in Sr. No. (ii) above then specify the

name/s of the Entity/s in which the

Applicant(s) is interested.

(i)

(ii)

(iii)

ANNEXURE “B”

If any Director/s or relative of such director/s of Developer is a partner in partnership firm then such

partnership firm or any partner of such partnership firm shall be deemed to be interested OR If any director/s

or relative of such Director/s of Developer is a Director or a shareholder in a private company then such a

company or its director/s or shareholder/s shall be deemed to be interested OR If any director/s or relative of

such director/s of Developer is a trustee in any trust then such trust or any trustee of such trust shall be

deemed to be interested OR If any Director/s or relative of such director/s of Developer is a Director and/or a

shareholder holding 2% or more equity shares in a public company then such company or its director/s shall

be deemed to be interested.

RELATIONSHIP WITH THE DIRECTOR/S OF Developer ORTHE ENTITY/S IN WHICH SUCH DIRECTOR/S IS/ARE INTERESTED

Name/s:

Nature of Relationship:

Yes / No (Tick as applicable)

Name/s of the Entity/s: __________________________________________________________________________________________________________________

Nature of Interest: ______________________________

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ANNEXURE ‘C’

PROCEDURE FOR CALCULATION –AN EXAMPLE

Sale Price: Rs. ______________ p.s.ft.

Construction Cost Rs. XYZ p.s.ft. Out of the Sale Price of Said Residential Unit

Opening and Weighted Average Closing RBI indices

Sr. Items Weightages in RBI opening Weighted RBI indices

No. construction cost indices (Date of (Average of all qtrs.

Application) Till date of possession)

1 Steel 13 100 140

2 Cement 17 100 95

3 Other Building 30 100 122

Construction Material

4 Fuel & Power 5 100 120

5 Labour 35 100 121

Calculation of VARIABLE PRICE:

Formula: Weightage of the Item X {(Weightage Average of Index - Opening Index)/ Opening Index)}

Sr.

No.

1

2

3

4

5

-

-

-

Items

Variation in Steel

Cement

Other Building

Const. Material

Fuel & Power

Labour

-

-

-

CALCULATIONS of variation from the

date of application till the date of

possession

13 x (140-100)/100

17 x (95-100)/100

30 x (122-100)/100

5 x (120-100)/100

35 x (121-100)/100

% variation (On construction cost)

% variation beyond 2% (Recoverable

/payable from Applicant(s))

Variation cost recoverable/payable

from Applicant(s)

% Cost variation in

construction cost

5.2%

(-)0.85%

6.6%

1%

7.35%

+ 19.3%

+ 17.3%

=XYZ* 17.3% =

Rs. PQR p.s.ft.

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ANNEXURE ‘D’

ALLOTMENT PROCEDURE

(a) ACCEPTANCE OF APPLICATION:Developer will communicate its decision to the Applicant(s) within 45 (Forty Five) days from the date of

receipt of the Application.

(b) ALLOTMENT LETTER:If the Application is accepted by Developer the Applicant(s) will be sent a communication within the

time mentioned hereinabove to that effect by way of an Allotment Letter (“the said Allotment Letter”)

and thereafter Agreement with all such necessary documents for transferring the Said Residential

Unit will be executed between Developer and the Applicant(s) within the time stipulated in the said

allotment Letter. The Agreement shall drafted by Developer in its sole and unfettered discretion.

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ACKNOWLEDGEMENT SLIP

Received Application No.: ____________________________

Name of the Sole /First Applicant:

Demand Draft/ Pay Order /Cheque No.: Dated:

Drawn on Bank

Branch.

Date:

Name & Signature of Sales Person

FULL NAME, in CAPITAL Letters (In the order of First, Middle and Last Name, Leaving a space between words)

Mr./Mrs./Ms./Master

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Name:

Relation with the First Applicant:

Guardian’s Name (if minor):

Date of Birth: Gender: Male Female

Marital Status: Single Married

Date of Wedding Anniversary:

Nationality:

Occupation:

IT PAN:

Residential Status: Resident Non Resident Indian (NRI) Person of Indian Origin (PIO)

Correspondence Address:

Email:

Permanent Address :

Employment Type: Salaried Self employed

Profession/ Job Title:

Company Name:

City Pin CodeState

City Pin CodeState

Mr./Mrs./Ms.

(Mandatory)

I wish to receive all communications from Developer via email as mentioned hereinabove.

Tick here if same as correspondence address

FULL NAME, in CAPITAL Letters (In the order of First, Middle and Last Name, leaving a space between words)

Phone: Home Work

Mobile

Phone: Home Work

Mobile

ANNEXURE – ‘E’

Joint Applicant details

JOINT APPLICANT

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(Please leave a space between each part of the address)

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COMPANY AS AN APPLICANT

Name of Company:

Date of Incorporation:

Registered Office Address:

Correspondence Address:

Name of the contact person:

Phone: Home Work

Mobile

Email:

Company PAN Card (Mandatory):

City Pin CodeState

(Tick if same as correspondence address)

(Please leave a space between each part of the address)

City Pin CodeState

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The Applicant(s) shall mean and include his/her/their/heirs, executors, administrators, successors and legal representatives.

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