Belaire Owners' Association v. Dlf Limited, Huda & Ors.

BEFORE THE

COMPETITION COMMISSION OF INDIA

CASE NO.19/2010

Dated : 3rd January, 2013

IN THE MATTER OF :

BELAIRE OWNERS'ASSOCIATION .…. INFORMANT

VS.

DLF LTD. …. OPPOSITE PARTY-1 HARYANA URBAN DEVELOPMENT …. OPPOSITE PARTY-2

AUTHORITY

DEPARTMENT OF TOWN & COUNTRY …. OPPOSITE PARTY-3

PLANNING, STATE OF HARYANA

Through:- Shri Vaibhav Gaggar, advocate for informant and Shri Ravinder Narain, advocate for opposite party no.1 Supplementary Order u/s 27 of the Competition Act, 2002

The Commission vide its order dated 12^thAugust, 2011(the order) in above case had held DLF Ltd. as a dominant enterprise in the geographic area of Gurgaon in the relevant market. The Commission found that DLF Ltd. had abused its dominant position and violated the provisions of Section 4 of the Competition Act, 2002(the Act) as DLF had made the flat owners i.e. members of the Informant association to sign a highly abusive apartment buyers agreement. In para 12.90 of its order, the Commission had noted a number of clauses of the agreement as examples of abusive nature. The Commission observed in para 12.91 that DLF Ltd. had made it clear to the allottees that no alterations/modifications were to be made in the said agreement by the allottees. The Commission in para 12.95 had observed regarding commencement of project without sanction/approval, increase in number

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of floors midway, increase of Floor Area Ratio(FAR) and density per acre(DPA), inordinate delay in completion and possession, forfeiture of amounts, etc. etc. The Commission found that the clauses of the agreement were biased in favour of DLF Ltd. In para 12.101, the Commission observed that certain clauses in the agreement gave DLF a sole discretion in respect of making changes in zoning plans, usage pattern, super area, carpet area and for alteration of structure and even a case of change of location of apartment and if a refund became due, no interest was payable by the builder. No rights had been given to buyers for raising objections. Even if the buyers had paid full amount, the builder could create mortgage on the property of the buyers for raising finance for its own purpose. DLF Ltd. inserted such clauses which made exit next to impossible for buyers. In case of delay by the builder, DLF Ltd. was to pay compensation of Rs. 5 per sq. feet per month equivalent to about 1% per annum interest, while in case of delay in payment by the buyer, the interest charged was 15% per annum for the first 90 days and 18% thereafter. The Commission came to conclusion that the conduct of DLF Ltd. was unfair in terms of section 4 and was being carried out by it because of its being a dominant enterprise and amounted to abuse of dominance

2. Having arrived at this conclusion, the Commission had considered as to what should be the appropriate order in this case. The Commission considered the provisions of section 27 of the Act which empowered the Commission to pass an appropriate order as mentioned in section 27 (a) to 27 (g). The Commission considered that since the findings of the DG and the Commission showed a violation of section 4 of the Act by DLF, thus those provisions of section 27 could be applied which pertained to abuse of dominance. As such, the Commission concluded that it could pass orders under all or any of the provisions contained in section 27(a), 27 (b), 27 (e) and 27(g). The Commission was of the opinion that section 27(a), 27 (e) and 27(g) related to contravention of both sections 3 & 4 while section 27(d) related to contravention of section 3. Having regard to this aspect, the Commission considered it appropriate to pass an order imposing penalty on DLF and give directions under section 27(a) to DLF. The Commission therefore gave following directions:-

(i) to cease and desist from formulating and imposing such unfair conditions in its agreement with buyers in Gurgaon.

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(ii) to suitably modify unfair conditions imposed on its buyers with regard to above within three months of the date of receipt of the order. The Commission left it to DLF to suitably modify unfair conditions imposed on its buyers expecting that the modified agreement shall be finalized by DLF in consultation with buyers keeping in view of the findings and observations of the Commission. The exact terms and conditions of the agreement were not formulated as it involved specific contract with each buyer in respect of service/goods to be provided by the DLF and freedom was given by Commission to the parties to enter into mutually agreed contract. It was expected that in each such agreement DLF shall properly define the product/service as it was having exact spaces/carpet areas/common areas/dimensions etc. applicable in respect of that buyer and it shall clearly state all requisite clearances which it had obtained at the time of entering agreement. It was also expected that it shall state the cost of the product/service to the buyers with no hidden and indirect charges and it shall also clearly lay down the delivery schedule stage wise. It was also expected that one sided clauses shall be suitably modified so as to remove the abuse of dominance.

3. Against 12.8.2011 decision of the Commission, DLF preferred an appeal before Competition Appellate Tribunal (COMPAT). COMPAT vide its order dated 29/03/2012 remitted the matter, along with the draft modified terms & conditions submitted by the parties, to the Commission directing the Commission to pass an order under section 27(d) specifying the extent and manner in which the terms and conditions of the Agreement need to be modified. Further, COMPAT in its order dated 21.05.2012 observed that in order to carry out suitable modifications in terms and conditions of the Agreement, it would be imperative to first determine the manner and extent of such modifications in terms of the order dated 12.08.2011 and only then such modifications could actually be carried out. It was further observed that the direction to 'suitably' modify the unfair terms and conditions was interminably linked to the question whether the terms and conditions were indeed unfair and, therefore, need to be 'suitably' modified. The question of correctness of the findings of the Commission will, therefore, depend on the whole gamut of the conclusions arrived at by the Commission; the foundation and the basis on which the same have been arrived at, as well as the manner and extent of the modifications which they have so directed which need to be carried out.

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4. The Counsel for informant argued that the Commission should consider the whole Agreement for modification in view of its findings in the final order dated 12/08/2011. He contended that from the observations of the Commission it was clear that abusive conditions of the Agreement mentioned in the final order dated 12/08/2011 were some of the examples only. Thus, the entire agreement was required to be examined and appropriate amendments/modifications were required to be suggested by the Commission in terms of directions of COMPAT. On the other hand, the Counsel for OP-1 argued that conclusions arrived at by the Commission in the final order dated 12/08/2011 were enumerated in paragraph 12.90 under sub- paragraphs (i) to (xvi) (in the case of Belaire project). The so-called abusive clauses were thus limited and the Commission was expected to suggest modifications to only those terms & conditions of the Agreement which were specifically declared to be abusive and in contravention of the provisions of section 4(2) (a) (i) of the Act. Demand of informant for suggesting modifications to other terms and conditions by the Commission was not valid as there were no specific findings qua other clauses of agreement in the final order dated 12.08.2011 of the Commission. He even argued that since the project stands completed and possession given, no modification in the agreement was at all necessary.

5. Before considering the modifications to be made in the clauses of the agreement, it is necessary to know relevant provisions of applicable laws for the development of a housing project in Gurgaon, Haryana and the place and role of a builder and buyer under the law. It is quite necessary to have a clear view of the laws applicable to both the parties and their respective rights in order to give directions in respect of preventing/stopping abuse of dominance and to indicate the extent and manner of modification of an agreement governing their inter se rights and obligations.

6. The main Act which governs development of group housing colonies by a coloniser in Haryana is the Haryana Development and Regulation of Urban Areas Act, 1975 (Act of 1975) coupled with the Haryana Development and Regulation of Urban Area Rules, 1976( Rules of 1976). Under section 3 of the Act of 1975, an owner of land desirous of converting it into a colony /group housing, can make an application to the Director, Town & Country Planning, Haryana(the Director) for grant of a licence to develop it as such. All the provisions of the Act of 1975 and the

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Rules of 1976 are, therefore, applicable, whenever a group housing colony like the one which is subject matter of this case is sought to be developed in the State of Haryana. Apart from this, after the development of group housing, all the residential units are to be transferred to the allottees under the Haryana Apartment Ownership Act, 1983 (Act of 1983) and thus this Act and Rules thereunder are also equally applicable to the builders as well as to the apartment owners. Since the Group Housing Colony has to be a residential colony within an urban area, the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 (Regulations of 1979) regarding FAR and other provisions like providing car parking space etc. are also mandatory.

7. A perusal of the applicable laws on development of group housing colonies in the State of Haryana would show that following are mandatory requirements:-

(i) Maximum permissible coverage is 33.33% of the total site on ground and subsequent floors or 35% of the site on ground floor and 30% on subsequent floors (Compendium of Haryana Building Bylaws & Urban Development Regulations by V.K. Puri P.1.81 to 1.87).

(ii) Maximum permissible FAR (as applicable in 2009) was 175% of the site area on which Group Housing Complex is developed (Compendium of Haryana Building Bylaws & Urban Development Regulations by V.K. Puri P.1.81 to

1.87).

(iii) 1.5 equivalent car space (ECS) for each dwelling unit had to be provided by the builders and a minimum of 75% of this should be in the form of covered parking (Compendium of Haryana Building Bylaws & Urban Development Regulations by V.K. Puri P.1.81 to 1.87)..

(iv) Section 3 (5) of the Act of 1975 provides that a colony may comprise of one or more licences with contiguous land pockets. Therefore, each licence has to be in accordance with the bye-laws and rules regarding FAR and parking as well as open areas, external development and internal development.

(v) Under Rule 4 of Rules of 1976, in the lay out plan of a residential colony of plots, the land reserved for roads, open spaces, schools/public and community buildings and other common use area cannot be less than 45% of

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the gross area of the land under the colony. Director, Town and Country Planning, Haryana Government has discretion to reduce this percentage to 35% if in his opinion the planning requirement and size of the colony justify the same. However, he has to record reasons for reducing this percentage.

(vi) The coloniser/ builder only acts as a developer. Once he has developed a Group Housing Complex and the apartment owners have paid the cost of External Development Charges (EDC), price of apartment and other charges, the builder is not supposed to have any right or concern left in the property. This is clear from the fact that under Rule 11 of the Rules of 1976, the builder after development of roads, drainage, sewage, water supply and electricity inside the colony has to maintain it only for a period of five years or till the association of plot owners takes the responsibility and release the builder of the maintenance responsibility. Similarly, the builder is supposed to pay EDC proportionate to the area of the colony/dwelling group housing unit to the Govt. for development of main lines of road, drainage, sewage, water and electricity. A builder is to give undertaking to construct, at his own cost or get constructed by any institution or individual, schools, hospitals, community centres and community buildings on the land set apart for this purpose or undertake to transfer to the Govt. or the local authority, free of cost, at any time, such land earmarked for constructing community buildings.(in case they are not constructed) and the Govt. would be at liberty to transfer such land to any persons or institution.

(vii) It is specifically provided under the Act and the Rules that the internal development of the colony shall include markets, road and paved foot paths and properly turfed open spaces with plantation of trees, street light, water supply, sewers and drains, both for storm and sullagewater with provision for their treatment and disposal (Rule 5 of Rules of 1976).

(viii) Under Section 7 of the Act of 1975, there is a prohibition on the coloniser/builder as well as on property dealer from issuing any advertisement in respect of the colony regarding transfer of plots or apartments without obtaining licence under section 3. There is also prohibition on receiving any amount in respect thereafter or to erect any building or re-erect building in

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respect of which a licence under section 3 has not been granted. It is further provided in section 5 that 30% of the amount realised from the plot owners from time to time shall be deposited by the builder in a separate account to be maintained in a scheduled bank and this amount shall be utilised only for meeting the cost of internal development of the colony. The remaining 70% of the amount is to be retained by the coloniser to meet the cost of land and development works. This provision requires the coloniser to maintain account of the amount kept in the scheduled bank. It is only after the internal development works have been completed to the satisfaction of Director, the rest/balance amount can be withdrawn by the coloniser.

A coloniser intending to set up group housing colony has to enter into an agreement with the Director, Town and Country Planning, Haryana in Form LC IV(a) which mandates that adequate health, recreational and cultural amenities in accordance with norms and standards provided in respective development plan of the area are to be provided by the coloniser. The coloniser has to ensure that dwelling unit is sold or leased by him in accordance with the provisions of Haryana Apartment Ownership Act, 1983 with common areas and facilities. Common areas of the plot of land on which Group Housing Colony is developed, in fact, belong to and are meant for the common use of apartment owners and once the apartments are sold, all the common areas and facilities vest jointly in apartment owners and are to be maintained by apartment owners by forming an association in terms of the laws laid down by Haryana Govt.

(ix) The coloniser has to sign an agreement with the Haryana Govt. that he shall derive maximum net profit only of 15% of the total project cost of the development of colony after making provisions of statutory taxes. In case the net profit exceeds 15% after completion of the project, the surplus amount either has to be deposited with the State Govt. treasury within two months of the completion or he has to spend this money on further amenities /facilities in the colony for the benefit of residents.

Further, the Act of 1983 was enacted to provide for ownership of individual apartments and make ownership rights as transferable for the promotion of group

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housing in the State of Haryana. As per Section 5 of the Act, owner of every apartment, as defined in the Act, is required to execute and get registered a conveyance deed. 'Apartment' in the Act of 1983 has been defined in section 2(a) as a part of a property intended for any type of independent use, as may be prescribed, with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway. 'Apartment owner' has been defined as the person or persons owning an apartment and having undivided interest in the common areas and facilities in the percentage specified and established in the declaration.

7.1 Under the Act of 1983, 'common areas and facilities', unless otherwise provided in the declaration or lawful amendments thereto, means:-

i) the land on which the building is located;

ii) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors lobbies, stairs, stair ways, fire escapes and entrances and exits of the building;

iii) the basements, cellars, yards, gardens, parking area and storage spaces;

iv) the premises for the lodging of janitors or persons employed for management of the property;

v) installation of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;

vi) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

vii) such community and commercial facilities as may be provided for in the declaration; and

viii) all other parts of the property necessary or convenient to its existing maintenance and safety or normally in common use.

7.2 Section 18 of Act of 1983 regarding 'separate assessment' mentions that notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common area and facilities appurtenant to such apartment(being an apartment subject to the provisions of the Act) shall be deemed to be separate for the purposes of

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assessment to tax on lands and buildings liable under such law and shall be assessed and taxed accordingly. The building, the property or any of the common areas and facilities shall not be deemed to be separate property for the purpose of the levy of such tax.

8. Thus the development model of the colonies /group housing societies can be discerned from above-mentioned Acts, Rules, Regulations and Norms and annexures to the Rules in the form of bilateral agreement to be executed between colonizer and Govt., and the control to be exercised under the Act by the Director.

9. Judgment of Supreme Court in 'Nihal Chand Lallu Chand Pvt. Ltd. vs. Pancholi Cooperative Housing (AIR 2010 SC 3607)' also has bearing. In the judgment, it was held that garage is not an independent unit by itself, but is an appurtenant or attachment to flat within the meaning of Section 2(a-1) of Maharashtra Ownership Flats(Regulations of Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). Open to sky-parking area or stilted portion usable as parking space was not garage within the meaning of Section 2(a-1) of the Act and not sellable independently as flat or along with flat. However, promoter was entitled to charge price for common areas and facilities from each flat purchaser in proportion to carpet area of flat. Further, the Act mandated the promoter to describe common areas and facilities in advertisement as well as agreement with flat purchaser and indicate price of flat including proportionate price of common areas and facilities. Stilt parking space could not cease to be a part of common areas and facilities merely because promoter had not described the same as such in advertisement and agreement with flat purchaser. Promoter had no right to sell any portion of such building which was not 'flat' within the meaning of section 2(a-1) of the Act. He had no right to sell stilt parking spaces as these were neither flat nor apartments or attachment to flat. Hon'ble Supreme Court also observed in this Judgment that the rights arising from the Agreement signed under the MOFA between the promoter and the flat purchasers cannot be diluted by any contract or undertaking to the contrary. The undertaking contrary to Development Controlled Regulations for Greater Bombay 1991(DCR) will not be binding either on the flat purchasers or the Society. It is to be noted that provisions of MOFA 1963 are similar to Haryana Act of 1983.

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10. In the light of the above judgment of the Supreme Court, applicable Acts and Rules and development model of the Group Housing societies envisaged under law, the agreement executed between DLF Ltd. and members of the informant Belaire Owners' Association is to be considered and looked upon by the Commission for the purpose of suggesting modifications so that there are no abusive clauses. Several clauses of the agreement are interwoven and have impact on other clauses. Modification of one would necessitate modification of other. The Commission therefore had to consider modifications wherever it found clause of the agreement was abusive.

11. The Commission thus considered all the clauses of the Buyer's Agreement. The reasons for proposed modification are given hereunder. The modifications suggested have been given in tabular form at the end opposite the existing clause.

12. The recitals in the agreement form two parts (i) Companies' representations as (A) to (G) and (ii) Allottees' representations as (I) to (M). In recitals, the company had stated that it was having an approved lay out plan of Phase V in DLF City and was presently having an area of 527.9435 acres under its control and it was likely to have more areas concerning this Phase V and the lay out plan of Phase V shall accordingly get changed as and when the new areas acquired by it and approved by Director, Town and Country Planning, Haryana. The allottees shall have no objection and give their consent to the company for the purpose of making necessary changes in the lay out plan of Phase V as and when new areas are included in the lay out plan as annexed to the agreement and the same shall stand automatically changed and the new lay out plan as drawn by the company and approved by the Haryana Govt. shall form part of the agreement. Admittedly, the rights of the allottees have been restricted to Belaire Group Housing Complex only. The reference to phase V Belaire agreement in unnecessary and may have potential of being abused. Recital 'D' made it clear that the agreement was confined and limited in its scope only to this Group Housing Complex (Belaire) to be constructed by the company on the portion of land delineated in Annexure I and IA of the agreement. However, neither Annexure I nor I A gives the area of land of Belaire Complex, nor the area of 6.67 acres given in agreement is in conformity of FAR norms.

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Every Group Housing Scheme/Complex has to comply with all Rules and Regulations in respect of Group Housing Complex. These Rules and Regulations are mandatorily required to be followed by the coloniser/ builder. The recitals have been framed in such a manner as if the company was not bound by the Rules and Regulations concerning Belaire Group Housing Complex and only allottee was bound by the Acts, Rules and Regulations. The rights vested in the allottees cannot be taken away by DLF unilaterally as mentioned in the recitals of the agreement. The Commission consider that the recitals be modified as given in the annexed modification. The reference to phase V be limited only for information purpose. The layout plans etc. should refer to Belaire Project. The recitals should specify title of company over project level and obtaining necessary licences from competent authorities and representations of parties to abide by relevant laws.

13. The counsel for the company had vehemently argued that the rights of the allottee are limited to only flat/apartment and the proportionate right in the land at the footprint of the tower in which the apartment is situated. The allottee had no right of ownership over the land and every inch of the place outside the apartment belonged to the company and the right of the allottee was limited only to use of open areas as may be permitted by the company on payment of maintenance charges. This stand of the company is contrary to law and highly abusive. The apartment owners of a complex jointly become owner of the entire land of which FAR is utilised for construction of the complex. The land area and common facilities belong exclusively to the apartment owners as per the Law and Rules discussed above and no right of the company is left in the land area. It is also clear from explanation given to clause

1.1 and Clause 2 of the existing agreement wherein the company has made it categorically clear to the apartment owners that apart from the cost which the company was charging on per sq. feet of super area, the allottee was liable to pay additional price proportionate to the share in the taxes which are payable by the company or its contractor by way of value added tax, sales taxes (Central and State), works contract, service tax, education cess or any other taxes by whatever name called in connection with construction of the complex and the property of the complex. It is clear from this that all taxes including the tax in respect of the land area of which FAR is used and apartments are constructed are to be borne by the allottees jointly in proportion to the super area purchased by them. The company is

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not to bear burden of any State Tax or Central Tax in respect of the GH complex. The company cannot claim ownership of even an inch of the open area of the land of the complex. The entire land area of the complex falls under joint ownership of the allottees. The ownership is indivisible and the allottees have a right to manage the same by forming an association and can tell the company to move out of the area with lock stock and barrel. Thus, the company's argument that it retains ownership rights over the open area even after sale of apartments is not tenable and all such clauses in the agreement put by the company giving it a claim/ right over the open areas/ common areas, etc. amounted to abuse of dominance and this abuse can be removed by modifying the abusive clause and providing in the agreement about the obligation of the company to abide by the Laws, Rules and Regulations as applicable to a Group Housing Complex. It would be worthwhile to mention that for making a Group Housing Complex, the maximum FAR applicable in 2009 was 175%. The restriction on number of storeys /floors was, however, removed. The company on removal of this restriction raised the height of the building from 19 floors to 29 floors using the same footprint and same Belaire area. However, since the FAR was only 175%, the land area/open area for the Complex would have to be commensurate with total super area of all the apartments in all 29 floors. As per the calculations made by the informant, which have not been disputed by the company (and the company has not come up with its own calculations) the total land area on which the Bellaire Complex of 29 floors could be constructed as per FAR was 20.885 acres.

14. The allottees of Belaire Complex jointly would have, therefore, undivided ownership rights over land area in ratio of FAR inclusive of the footprint of the building and not alone on the footprint of the building as is asserted by the company in the agreement. The abuse in different clauses of the agreement could only be removed by specifying the land area of GH complex Belaire as per FAR ratio. However, if the company has already deprived the allottees of land area, by abusing its dominance and curtailed the land area, the allottees' right to claim compensation as per law shall be there.

Similarly open parking and parking under stilt are part of common areas and are not sellable separately independently or along with flat. Open parking do not cease to be a part of common areas and facilities merely because DLF had not described the same as such in advertisement and agreement with flat purchaser.

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Promoter had no right to sell any portion of Belaire GH Complex which was not a flat or apartment. Hon'ble Supreme Court observed that rights arising from relevant laws cannot be diluted by any contract or undertaking to the contrary. Accordingly, the relevant clauses of the agreement need modification and suggested modifications are given in clause 1.1 of the table given below.

15. In the order, the Commission had observed that when an allottee does not get preferential location, he only gets the refund/adjustment of amount at the time of last instalment without any interest. The preferential location charges were imposed and charged by the company @ of Rs.300 per sq. feet of the super area. The Commission considers that in case the allottee does not get apartment with preferential location, the amount taken by the company for preferential location should be returned to the allottee with a reasonable rate of interest from the date of the payment of the amount till the date amount is returned to the allottee. The rate of interest should be commensurate with rate of interest being charged by the company from allottee on delayed payments. If the amount is adjusted against the balance payment payable by the allottee, it should be adjusted alongwith interest. The suggested modification is given in clause 1.5.

16. In the order, the Commission observed that DLF enjoyed unilateral right to increase or decrease super area at sole discretion without consulting allottees who, nevertheless, were bound to pay additional amount or accept the reduction in area. When the construction of a multi storey building is envisaged, the plans are drawn on drawing board. Most of the group Housing Complexes are sold on the basis of the plans drawn on drawing board. Super area and the actual apartment area are two different concepts. The apartment area is the area which is exclusively enjoyed by the apartment owner. It includes carpet area plus area under the walls of the apartment, while super area is the sum of apartment area and common areas which the allottee enjoys along with other apartment owners. This area is inclusive of lift area, staircase area and other entrance areas, etc. Most of the times, the actual building and the drawing board plans match with each other and the building is constructed in accordance with the construction plan as approved by authorities in advance. However, there may be instances where at the time of actual construction, certain minor changes are required to be made in some of the drawing board plans and the building is constructed slightly different from the drawing board plan but it,

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more or less, conforms to the drawing board plan. In such a case, there may be either minor (say + 2%) increase or decrease in the super area as well as the carpet area of each apartment. However, the company if substantially changes the lay-out plan resulting, in more than 2% increase or decrease in super area, the allottees' consent should be obtained for such changes in the lay-out plans. Since the price paid by the allottee is per sq. ft. of super area, the price of the apartment would increase or decrease after the actual building is constructed. In order to lay a claim on the basis of increase in super area, the company is supposed to give information to the allottee about the difference in the initial building plan and the actually- constructed building plan on the basis of which the new super area is calculated. The actual plan should be the one submitted to the authorities for completion certificate and on the basis of which occupancy certificate is granted. The calculations of increased area should be sent to the allottee, so that the allottee knows and can verify on ground as to how his super area has increased. A mere letter from the company that the super area has increased is not sufficient to claim any amount from the allottee. Thus, whenever a claim on the basis of increase in super area is made, the company is bound to give the relevant information as to how the super area stands increased. The clauses in this respect therefore need to be modified. Accordingly modified clause 1.6 is given in the table. Clause 9.2 also gets covered by modified clause 1.6.

17. In the order, the Commission had found that the proportion of land on which apartment is situated and over which the allottee would have ownership right was to be decided unilaterally at the discretion of the company(DLF Ltd.). In clause 1.7 of the existing agreement, company has stated that it may, at its own discretion for the purpose of complying with the Haryana Apartments Ownership Act, 1983 or other applicable Laws, substitute the method of calculating the proportionate share in the ownership of the land beneath the building/common areas or facilities. The company in so many words stated that the allottee will only have proportionate ownership rights in the land underneath the building i.e. the land which is the footprint of the building in which the said apartment is situated. Similarly, company has unlawfully provided for itself right to further go up in air by increasing the number of floors and reserving to itself terrace rights. This is totally contrary to the law and imposition of this condition on the allottee by DLF is because of its dominance and amounts to

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gross abuse. All relevant clauses depriving allottee of his lawful rights need to be modified to bring them in conformity with Law, Rules and Regulations so as to remove the abuse vis-a-vis the allottee. Modified clauses are given in the table below.

18. In the order, the Commission observed that the covenant in clause 1.7(viii) of the agreement, giving right to DLF of having full and absolute rights in the community buildings/sites/recreational and sporting activities sites including maintenance of those, was abusive.

As per applicable Laws, Rules and Regulations discussed above, site for community buildings are compulsorily required to be set apart by the coloniser and these sites, if not constructed either at the cost of coloniser or if not handed over and constructed by others, were to be given to the Govt. of Haryana, free of cost. This simply shows that the cost of these sites is recovered from the Allottees and clause 1.7(viii) makes a false representation that no costs were recovered from allottees. Moreover, in order to claim ownership rights over any part of the land in Belaire Complex, the company has to show that it was owning a part of the constructed super area which was not allotted to the allottees /apartment owners and not charged from allottees. In such a case, the company would be the owner of that facility and the common area proportionate to its super area jointly with other apartment owners. As per law & relevant rules, the company is bound to provide for club, schools, shopping complex, children park and open green areas. As per the building bye-laws and the Acts of 1975 and 1983, the open areas and common facilities are to be maintained by the Apartment Owners Association. The company's rights in club, etc. can be there only if the company has filed accounts with the administrator showing that it had not recovered the cost of club etc. by charging the cost of common facilities from the allottees and common facilities were owned by it. Para one of annexure II to the agreement reads as under:-

"Super area for the purpose of calculating the sale price in respect of the said Apartment shall be the sum of apartment area of the said apartment, its pro rata share of common areas in the entire said building and pro rata share of other common areas outside apartment buildings earmarked for use of all

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apartment allottees in the Belaire which include the club with swimming pool, toilets/change room, multipurpose hall, gymnasium and restaurant, etc."

Part B of annexure IV reads as under:-

List of general common areas and facilities located in the basement for all apartment allottees in the Belaire included in computation of super area of the said apartment:-

In view of above discussion, clause 1.7 & 1.8 clearly abusive and need

modification as given in the table below.

19. In the order, the Commission observed that DLF's sole discretion to link one project to another was abusive in nature. Interlinking of projects for the purpose of mobility of residents and for ingress egress is one thing, but interlinking projects for any other purpose without giving equivalent rights to allottee is altogether different. When Belaire Complex apartments were agreed to be sold to allottees, the FAR was 175%. If, in future, FAR is increased, only owners of apartments will have collective right to use or not to use increased FAR and the company cannot club the project with its other projects for this purpose. Accordingly, different clauses of the agreement need to be modified and reference to phase V need to be deleted. It should be retained only where rights of allottees are not adversely affected. The modified clauses 1.9 & 1.10 are given in table below.

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20. In the order, the Commission observed that clause 1.11 of the agreement was abusive. EDC is charged by Government for development of main lines of roads, drainage, sewage, water and electricity. EDC is proportional to the land area of the project and may be linked with number of dwelling units. EDC is invariably passed over by the builder to the allottees. Entire EDC charges for a complex are burdened on allottees in proportion to super area. There may be a case of State increasing EDC charges. Builder can pass on increased EDC charges to allottees only after informing the allottee about the order of the State Government enhancing EDC (with a copy of letter) and how his share of EDC has been calculated. Non-payment of EDC by an allottee can result only into a recovery action as per law. Neither the allotment can be cancelled, nor possession of his apartment can be taken by force. Provision in this clause relating to resumption of the apartment in case of default in payment of EDC is contrary to the provisions of relevant laws. As per section 19 of the Act of 1983 all sums assessed by the association of apartment owners towards the share of the common expenses chargeable to any apartment and remaining unpaid has to constitute a charge on such apartment prior to all other charges, except charge, if any on the apartment, for payment of local taxes and all sums unpaid on a first mortgage of the apartment. Further, in case the allottee fails to pay these charges, the Director, Country Planning may recover these charges as arrears of land revenue as per the regulation 19 of Regulations of 1976. The relevant clause 1.11, therefore, should be modified as given in the table below.

21. In the order, the Commission observed that clause 1.14 of the agreement was abusive since it gave sole discretion to DLF regarding arrangement for power supply and rates levied for the sale of power to the allottees. By this clause, the company takes away the right of Allottees' Association to get competitive offers from other players. DLF has arbitrarily foisted compulsory payments for another service- provider on the allottee. Clause 1.13 and 1.14 of the agreement are interconnected. Clause 1.13 is about power backup whenever the supply of DHBVN (State Electricity Board) is not there. Clause 1.14 envisages a situation when DHBVN fails to supply electricity to the complex. So long as Resident Welfare Association of the Complex does not take charge of services of the complex, the company is bound to provide essential services to the complex in terms of maintenance agreement, but once RWA takes over the responsibilities of the complex, it will have freedom to continue

17

with the service providers engaged by the company or to enter into fresh contracts with some service provider or engage new service provider. Also since the Company marketed and sold Belaire Complex as govt. approved residential project and govt. charging heavy amount as EDC, providing of DHBVN connection by the state is mandatory and the company has to ensure DHBVN connection for each allottee. The relevant clauses 1.13 and 1.14 be modified as suggested in the table.

22. In the order, the Commission found clause 4 of the agreement abusive as it provided arbitrary forfeiture of earnest money by the company without even a notice to the allottee. The company provided for forfeiture of amounts of allottee for non- fulfillment of the conditions of agreement by the allottee, but there is no corresponding clause in respect of non-fulfillment of clauses of agreement on the part of company. Clause 5,8,10 and 12 of the agreement are highly one-sided and should be modified. Modified clauses are given in the table below.

23. The delivery of possession of the apartment by the company is governed by clause 10 and clause 11 of the Agreement. However, clauses 11.1, 11.2, 11.3 and clause 39 provide for those circumstances under which the company may not deliver the possession in time or may abandon the project altogether without its fault and the consequences. Clause 11.1 talks of non availability of construction, material, strike of the work force, terrorist act, enemy act, act of God, delay in grant of permissions, completion certificate etc. from the government or the property becoming subject matter of litigation in Courts or before Tribunals. Clause 11.2 provides for eventualities of delay in giving possession of apartments due to Govt. rules, orders, notifications, after the agreement and the companies' decision to challenge the same in Courts /Tribunals. Clause 11.1 provides that the company shall not be bound by the existing period of delivery in case of eventualities as stated therein and shall have the power to extend the period of delivery of possession and may also unilaterally alter the terms of agreement. It also provides that in case of abandonment of project by the company, it would be at liberty to cancel the agreement and to refund to the allottee "amount attributable to the agreement"

without any interest. 'Amount attributable to the agreement' has not been defined clearly and the same is vague, which gives arbitrary powers to the company. In cases of cancellation/abandonment of the project by the company for none of the fault of the allottee, the company was not even liable to return the amount actually

18

paid by the allottee to the company with interest but the company, out of the amount paid by the allottee was to deduct the interest paid by the allottee and the interest due towards allottee on delayed payment as well as to deduct amount of non refundable nature. The company had not specified as to what was the amount of non-refundable nature to be deducted. Similar provision is there in clause 11.2 towards refund of "amount attributable to the agreement" without interest in case of the project getting scrapped altogether. Clause 11.3 provides that if for the reasons other than clause 11.1, 11.2 and clause 39, the company fails to deliver the possession to the allottees within three years from the date of execution of agreement or within the extended period (the company having liberty to extend the period to any extent.) then the allottee shall be entitled to give notice to the company within 90 days from the expiry of the said period of three years or extended period of terminating the agreement. Even in that event the company was not liable to refund the amount deposited by the allottee along with interests to him. In such an eventuality, the company on receipt of notice, was at liberty to sell/dispose of the apartment to any other party and without accounting for the sale proceeds of the apartment to the allottee within 90 days of the realisation of the price was to refund to the apartment allottee his amount without interest, after deduction of brokerage paid by the company to the broker/sale organiser (in case booking was done through broker /sale organiser) the allottee thereafter could make no claim against the company. If the allottee failed to exercise his/her right of termination within the period as provided in this clause by delivering a written notice to the company then he was not to be entitled to terminate the agreement and was to continue to be bound by the terms of the agreement. In similar way, clause 11.4 provided that in case of abandonment of the project/scheme by the company or if the company failed to give possession within three years of the execution of the agreement or within the extended period as extended by the company itself under various clauses of the agreement, the company shall be entitled to terminate the agreement and the company shall, on such termination refund only the amount paid by the apartment allottee with 9% simple interest for such period for which it was lying with the company. The company was not liable to pay any other compensation. Even in such an eventuality, the company, at its sole option and discretion, could decide not to terminate the agreement and to pay to the allottee and not to anyone else (his successor or subsequently transferee) compensation at Rs.5/- per sq. feet of the

19

super area of the said apartment per month for the period of such delay beyond three years or extended period, subject to condition that apartment allottee was not in default under any term of the agreement. This compensation was also to be adjusted only at the time of giving possession the said apartment to the Allottee. Clause 12 described defaults only on the part of the allottee as if company can commit no default.

These provisions also show that there was no exit option with the allottee and the clauses were abusive and heavily loaded in favour of the company. The company had foisted these clauses on the allottee giving no option to the allottee to bargain for the exit, while the company had liberty to extend the period of delivery of possession on self serving grounds like non availability of material, non availability of work force, any govt. notifications, orders or litigations in the Court, which may even have been invited by the company itself, without any penalty on the company for such extended period of delivery. The allottee in case of delay in payment of the instalment had to pay interest to the company @ 15% within 1^st90 days and 18% thereafter. Even where the company failed to deliver the possession within the extended period, a written notice is to be given by the allottee with duly acknowledge receipt of the company whereas the company unilaterally, without any prior notice could terminate the agreement even in case of default in payment of instalment by the allottee. The abuse of dominance is self evident from the provisions of these clauses. The Commission considers that the above clauses should be modified in the manner as given in the table to make this agreement non abusive.

24. Clause 13 is regarding execution of conveyance deed in favour of apartment allottee who has paid full consideration amount to company. The transfer of ownership has to be in accordance with the Act of 1983. However, clause is totally one sided putting no obligation on company to execute the conveyance deed once stamp duty papers are sent to the company after paying entire price as per the agreement. Clause 14 of the original agreement is concerning maintenance and it does not recognise the right of allottees to manage the common services of the complex through RWA, as provided in the Act of 1983. Clause 13 & 14 can be made non abusive by suggested modifications given in table below.

20

25. In para 12.90, the Commission observed that under the agreement DLF had sole authority to make addition and alteration in the building with all benefits flowing to DLF and the allottee having no say in this regard. The abusive provisions are contained in clauses 20, 22 and other clausesof the agreement, excerpts of which were re-produced in the main order of 12^thAugust, 2011. Clause 20 gives unfettered right to company to make any addition, alteration, improvements, repair whether structural or non structural, ordinary or extraordinary to unsold units within the building with no right to the allottees of other apartment to raise any objection. The allottee as well as the company both are bound by the building bye laws applicable to apartments. If the company has a right to make structural changes in the apartments belonging to it, the same rights have to be available to the allottee also and these rights are naturally to be exercised in accordance with the laws applicable to a GHS Complex. The relevant clauses should be modified as suggested in the annexure.

26. Clause 20 gives the company the right to make additions, alterations, improvements and other changes in unsold apartments. The rights of the company and the apartment owners in their respective apartments are equal. Company cannot have more rights.

27. Clause 22 gives rights to the company to make additional constructions, to put up additional structure in or upon the building or put additional apartments or structures anywhere in the said complex or in the said portion of land as may be approved by the competent authority and additional apartments/ buildings have to be the sole property of the company which the company would be entitled to dispose of in any way without any interference on the part of the apartment allottee. The laws applicable to Group Housing Complexes have been briefly narrated above. These laws make it abundantly clear that once the plan for Group Housing Complex is approved by the competent authority as per the applicable FAR and these apartments are sold on the basis of such approved plans, the company is left with no rights either in the sold apartments or in the common areas. Once the apartments of the complex are sold for considerations or agreed to be sold, the company cannot change the plans without approval of the allottees since the allottees are charged not only for the apartment but for all internal and external

21

developments including common areas, open areas, external and internal infrastructure. The allottees while entering into the agreement had before them the complex as promised to be developed by the developer and they put their hard earned money keeping in mind the number of flats to come up, the kind of facilities to be given, population density, the open green areas and other common facilities etc. The joint ownership rights of apartments allottees over common areas and land and the apartment ownership rights of the allottees go together. The company cannot take away these rights from the allottees. Once the company had utilized FAR available at the relevant time in respect of the land over which the complex is to be developed, any subsequent increase in FAR would belong to the allottees and not to the company and it is only the allottees association which will have right to put additional construction with consent of all the allottees. The company shall have no right to have additional construction if subsequently FAR is increased. As such, clause 20 & clause 22 and other such clauses are highly abusive, should be modified as suggested in the table.

28. In para 12.90, the Commission had observed that creation of 3^rdparty rights by the company without allottees consent was to the determinant of allottees interest and was abusive. A reference was made to clause-23 of the agreement. Clause 23 of the Agreement gives right to the company to raise finance, loan for its own purpose from any financial institution, bank by way of mortgage or creating charge over the building/apartment/portion of building or by any other mode subject to condition that when the conveyance deed is executed, the apartment shall be free from all encumbrances. It is further provided that the company/financial institution /bank shall always have first lien /charge on said apartment for their dues and other sums to be payable by the apartment allottee in respect of any loan granted to the company for purpose of construction of the building/complex. While first part of the clause gives right to the company to raise loan before execution of conveyance deed and provides that at the time of conveyance deed it shall be free from all encumbrances, the second part of the clause provides that the banks or financial institution shall have first lien for recovery of their dues on the apartment of the allottee. The first part is contradictory to the second. Moreover, this clause only talks of the apartment and not of the complex. There is no doubt that during the construction and before delivery of possession of apartment of the complex, the

22

property belongs to the company. However, once the complex is complete and completion certificate is obtained and it is ready for transfer to the allottees, the company has to make entire complex free from all encumbrances, before transferring the apartments and other common areas under joint ownership rights. The apartment alone is not the property of the allottee. The allottee is also joint owner of all the open areas, common facilities etc. within the complex. Therefore, when the complex is ready and conveyance deeds are executed with the allottees, the whole complex has to be free from all encumbrances and of mortgage, charges or any kind of loan from financial institutions or banks over the complex. If the company has any unpaid loan of the banks /financial institution after the apartments are sold, the banks etc. can have lien only over unsold apartments for recovery of dues of the company. Clause 23, 24 & 25 should be modified as given in the table below to remove this abuse.

29. The Commission, in its order, observed that while heavy penalties were imposed in the agreement for default of allottee, there were insignificant penalties on DLF for its own defaults. A reference was made to clause 35 of the agreement, which shows abuse of dominance. The company can refuse to condone delay and can cancel the apartment even if the allottee was prepared to pay interest on delayed payment. While in case of company, the company for itself has reserved so many excuses for non delivery of possession and for scrapping the contract altogether or for delaying the project. It has given itself the powers to extend the period of delivering possession but for the allottee, the sole discretion lies with the company to cancel the flat in case of delayed payment. In case of condoning delay, the Company could be charging interest to the tune of 15% for 1^st90 days and thereafter 18%. However, for the default of the company, the company was liable to pay only 9% interest to the allottee on only such amount which the company deemed refundable to the allottee. That makes the clause abusive, one sided and shows blatant abuse of dominance. In clause 12, the company has given events of defaults and consequences for the allottee. The company has nowhere given in the entire agreement the events of defaults for itself. The Commission considers that the defaults can be on the part of the company as well on the part of the allottees and the agreement should provide for defaults of both the parties and the agreement must be equitable in dealing with both the sides and levy of interest /penalty should

23

of equal level on both sides. The Commission also considers that Force Majeure in clause 39 should be defined as understood in common parlance of law. The consequent modifications are suggested in the clauses 35 & 39.

30. In view of the modified clauses/sub clauses as suggested above in the agreement, certain clauses/sub clauses of the agreement have become superfluous. The Commission has suggested deletion of these clauses. Certain clauses of the agreement, in view of the suggested modified clauses, needed small changes so as to bring them in consonance with the modified clauses. These changes are minor in nature and have been suggested wherever needed. Some clauses are closely interlinked with the abusive clauses and had to be modified so that the abuse was not perpetuated. These interlinked clauses wherever existed have been accordingly modified. The clauses which needed fine tuning with the modified clauses have also been accordingly modified and the suggested clauses have been given in the table below.

31. The terms of the agreement to be entered into with the allottee were never shown to the allottee at the time of booking of the apartment. These terms and conditions of the agreement were prepared and framed by the company unilaterally without consulting the buyer. Once the company had already received considerable amount from the applicants/buyers, this agreement was forced upon the allottees and the allottee had no option but to sign the agreement, as otherwise the agreement provided for heavy penalties and deduction from the money already deposited by the allottees with the company, which itself was an abuse of dominance. The appropriate procedure would have been that a copy of the agreement which DLF proposed to enter with the allottee should have been made available to the applicants at the time of inviting applications. The agreement should be signed within a reasonable time from the date of allotment and all additional amounts should be demanded from the allottee only when the agreement has been signed. Any allottee, who was not agreeable to the terms of agreement, should have liberty to withdraw his application and should be given the entire application amount back.

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TABLE

MODIFIED BUYER'S AGREEMENT

25

imposed by Director, Town & due to any discrepancy/dispute in the Country Planning, haryana, right, title or interest of the Company Chandigarh, at any stage, while in the Said Land on which the GHS approving the proposed tentative Belaire is to be constructed. layout plans, shall be binding on

both the Apartment Allottee and C. AND WHEREAS the Director the Company and the Apartment General Town & Country Planning, Allottee hereby agrees that it shall Haryana, Chandigarh, (hereinafter not be necessary on the part of the referred to as the "DTCP") has Company to seek consent of the granted a license to develop housing Apartment Allottee for the purpose project vide License No. [.]. The of making any changes in order to license agreement(s) entered into by comply with such the Company with the Governmental directions/conditions/changes and Authorities are annexed herewith as that the layout plan of Phase-V as Annexure [].

may be amended and approved

from time to time shall supersede D. AND WHEREAS the Company has the proposed tentative layout plan obtained the final layout plan as given in Annexure-I hereto approvals for the GHS Belaire from and/or previously approved layout DTCP that are annexed hereto as plan(s), as the case may be, and Annexure []. The Company agrees shall automatically form a part of and undertakes that it will not make this Agreement as Annexure-I in any changes on its own to these place of persently attached layout layout plans unless mandated by plan as Annexure-I or previously DTCP, and such changes shall be approved layout plan(s) as the communicated to the Allottees in case may be. writing. The Company has also

obtained the layout plan approvals for

D. And whereas the Company has the entire Phase V in DLF City, which further clarified to the Apartment are annexed herewith as Annexure

Allottee that the proposed tentative []. It is understood by the Parties that layout plan of Phase-V as given in except the layout plans for GHS Annexure-I of this Agreement Belaire, the remaining layout plans comprises of both group housing for Phase V are tentative in nature and plotted areas, but however, and are being provided to the the plotted areas of Phase-V Allottee(s) for information purposes presently admeasuring 66.25 only and shall not affect the rights of acres or thereabout are in no way, the Parties.

directly, indirectly or in any manner

whatsoever, connected to this Allottee(s) Representations

Agreement, so much so, that this Agreement is confined and limited E. AND WHEREAS the Allottee had in its scope only to this group applied for an apartment in the GHS housing complex to be construted Belaire vide application dated [] and by the Company on the portion of has been allotted apartment no. [] land clearly delineated in (hereinafter referred to as the Annexure-I/ Annexure-IA of this "Apartment") located on [] floor in Agreement. tower / building no [] (hereinafter

referred to as the "Building")

E. And whereas the Company has alongwith covered / open car parking

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further clarified to the Apartment spaces in the GHS Belaire, as Allottee that the proposed tentative permissible under law. layout plan as given in Annexure-I

of this Agreement depicts several F. AND WHEREAS the Allottee has zones (excluding plotted areas gone through all the terms and presently admeasuring 66.25 conditions set out in this Agreement acres or thereabouts with each and understood the mutual rights and zone as may be earmarked for obligations of the Parties. residential, commercial or other

uses, provided however, the total Mutual Representations

number of zones and their earmarked uses may be changed G. AND WHEREAS the Parties hereby as per the directions of the confirm that they are signing this competent authority(ies) or at the Agreement with full knowledge of all sole discretion of the Company. the laws, rules, regulations, notifications, etc., applicable to the

F. And whereas the Company has Said Land/GHS Belaire and the further clarified to the Apartment terms and conditions contained in Allottee that the proposed tentative this Agreement. layout plan as given in Annexure-I

of this agreement may have H. AND WHEREAS the Parties relying plotted areas, commercial areas on the confirmations, representations and residential projects areas as and assurances of each other to may be earmarked in different faithfully abide by all the terms, zones, but however, this conditions and stipulations contained Agreement is confined and limited in this Agreement and all applicable in its scope only to the sale of laws are now willing to enter into this residential apartments in a specific Agreement on the terms and group housing complex to be conditions appearing hereinafter. named as The Belair (hereinafter

referred to in this Agreement as

the "said Complex") consisting of

Five (05) multi storeyed residential

apartment buildings to be

constructed on a portion of land

presently admeasuring 6.67 Acres

or thereabout earmarked and

delineated in, Zone 8, Phase-V

(hereinafter referred to in this

Agreement as the "said Portion of

Land") in accordance with the

building plan(s) approved by the

Director, Town & Country

Planning, Haryana, Chandigarh.

The proposed tentative layout plan

is given in Annexure IA of this

Agreement. The area of the said

Portion of Land 6.67 Acres or

thereabout may stand modified in

future to the extent as may be

27

required pursuant/consequent to any directions/approvals by the Director, Town & Country Planning Haryana, Chandigarh.

G. And whareas the Company has explained to the Apartment Allottee that the purpose of description of entire phase-V given in Annexure-I is merely to acquaint the Apartment Allottee with the overall picture of the development that may take place in Phase-V, and that such tentative description of the overall development plan of Phase-V is not intended to convey to the Apartment Allottee any impression of any right, title or interest in any of the zones to be developed in Phase-V or in any land(s) falling outside the said Portion of Land specifically earmarked for the construction of the said Complex which is the subject matter of this Agreement. H. And whereas the Company is competent to enter into this Agreement.

I. And whereas the Apartment Allottee has applied to the Company vide application dated 30/10/06 agreeing to the terms and conditions as set out in the application for allotment of the residential Apartment No. ---having an approximate super area (super area is specifically defined in Annexxure II) of ----sq. meters (----

sq. feet approximately) which includes an Apartment area of approximately----sq. mtrs (---- sq. ft approximately) (hereinafter referred to as the "said Apartment"

and is more specifically defined in Annexure II) located on -----floor in Tower/Building No. ----(hereinafter referred to as the "said Building") and for allotment of two (02)/

28

three(03)/ Four(04) covered/ Open Parking Space Nos. (1) ----- (2) ----

- (3) ----- and (4) -----

J. AND whereas the Apartment Allottee has demanded from the Company and the Company has allowed the Apartment Allottee an inspection of Phase-V including Zone 8 and the said Portion of Land, tentative building plans, tentative location plan, ownership record of Phase-V including Zone 8 and the said Portion of Land and all other documents relationg to the title, competency and all other relevant details and the Apartment Allottee has confirmed that he/she is fully satisfied in all respects with regard to the right, title and interest of the Company, its Associate Companies, its subsidiary

companies in the said portion of land on which the said

complex/building is being

constructed and has understood all the limitations and obligations of the Company in respect thereof. The Apartment Allottee has agreed that there shall be no further investigations or objections by him/her in this regard and further that he/she is fully satisfied of the competency of the Company to enter into this Agreement.

K. And whereas the Apartment Allottee acknowledges that the company has readily provided all the information and clarifications as required by him/her but that he/she has not relied upon and is not influenced by any architect's plan, sales plans, sale brochures, advertisements, representations, warranties, statements or

estimates of any nature

whatsoever whether written or oral made by the Company, its selling agents/brokers or otherwise

29

including but not limited to any representations relating to the description or physical condition of the property, the building or the Apartment or the size or

dimensions of the Apartment or the rooms therein or any other physical characteristics thereof, the services to be provided to the Apartment Allottees, the estimated facilities/amenities to be made available to the Apartment Allottee(s) or any other data except as specifically represented in this agreement and application and that the apartment allottee has relied solely on his/her own judgment and investigation in deciding to enter into this agreement and to purchase the said Apartment (having

specifications set out in Annexure- V to this agreement). No oral or written representations or statements shall be considered to be a part of this agreement and this Agreement is self contained and complete in itself in all respects.

L. And whereas the Apartment allottee has confirmed to the Company that he/she is entering into this Agreement with full knowledge of all the laws, rules, regulations, notifications etc. applicable to the said DLF City and Phase-V in general and the said Complex /said Building(s) in particular and the terms and conditions contained in this Agreement and that he/she has clearly understood his/her rights, duties, responsibilities, obligations under each and all the clauses of this Agreement.

M. And whereas the Company, relying on the confirmations,

representations and assurances of

30

31

referred to as "Taxes"). viii. All other parts of property necessary or

convenient to its existing maintenance and

The Apartment Allottee shall pay, in safety or normally in common use.

addition to the total price a price equal to

the proportionate share of Taxes; the The Total Price for the Apartment based on

proportionate share being calculated in the Super Area and Preferential Location

the ratio of the super area of the said Charges, if any, is [](hereinafter referred to

Apartment to the total super area of all as "Total Price"):-

the apartments in the said Complex

(hereinafter referred to 'the additional Building/ Rate of Rate of Preferent

price') Tower carpet area of Location

No/Name/ area of the Charges

The Company shall periodically intimate Apartment Apartment prorata (Rs)

to the Intending Allottee, on the basis of No / Type Sq Mts/ share in

certificates from a Chartered Engineer [] Floor Sq Ft Commo

and /or a Chartered Accountant, the n Areas

amount payable as additional price as and

stated in (ii) above and the Apartment Facilitie

Allottee shall make payment within 30 s

(Thirty ) days of such intimation.

The price of two (02)/ three (03)/ four (04)

car parking spaces valued at Rs.... Parking: Nos. (1)-------(2)--------(3)----------

(Rupees......only) per car parking space (4)------

aggregating to Rs..../- is included in the A sum of Rs [] which has been offered as

above sale price of the said apartment. discount by the Company shall be deducted

Any additional car parking space will be from the aforesaid price.

charged extra by the Company at the

then prevailing rate and will be offered Explanation:

subject to availability.

(i) The Total price above does not include The total price is Rs..... (Rupees.....only) any Taxes (consisting of tax paid or payable (inclusive of Rs.....) towards two by the Company and/or its Contractors by (02)/three (03) /four (04) car parking way of Value Added Tax, State Sales Tax, spaces, whichever is applicable, payable Central Sales Tax, Works Contract Tax, for the said Apartment together with the Service Tax, and Education Cess or any parking spaces and the said Apartment other taxes by whatever name called, in along with the parking spaces will be connection with the construction of the GHS treated as a single indivisible unit for all Belaire) payable by the Company up to the purposes including but not limited to date of handing over the possession of the Haryana Apartment Ownership Act, 1983 Apartment.

etc. (ii)The Allottee shall pay, in addition to the

Total Price, a sum equal to the

proportionate share of Taxes; the

proportionate share will be calculated in the

ratio of the Super Area of the Apartment to

the total Super Area of all the Apartments in

the GHS Belaire.

32

33

1 The rates of interest are not being prescribed by the CCI and are left blank, however wherever rates of interest are applicable to both parties in similar circumstances they should be reasonable and uniform; and where applicable only to one party, should be reasonable.

34

calculated on the basis of its super area (as per the definition of super area given The Company shall, before making in Annexure II) and that the super area as variations, inform the Allottee about the stated in this Agreement is tentative and same in writing in advance about its is subject to change till the construction of intention to carry out minor changes and the said building is complete and thereafter the Company may carry out such occupation certificate is issued by the changes upto (+/- 2%).It is agreed that the competent authority (ies). The final super Company shall not make any variations area of the said Apartment shall be beyond (+/- 2%) without the consent of the confirmed by the Company only after the majority of the Allottees. construction of the said building is

complete and the occupation certificate is It is acknowledged and agreed by the granted by the competent authority. The Company and Allottee that every element of total price payable for the said apartment floor plans has relevance to the Allottee and shall be recalculated upon confirmation thus all elements of all the floor plans by the Company of the final super area of included in Annexure [] must remain largely the said apartment and any increase or intact even after the changes in the Super reduction in the super area of the said Area. The Company shall confirm the final Apartment shall be payable or refundable, Super Area that has been allotted to the as the case may be, without any interest, Allottee after the construction of the Building at the same rate per square meter as is complete and the occupation certificate is agreed in Clause (1.1) of this Agreement granted by the competent authority (ies), by i.e. on the rate irrespective of any rebates furnishing details of the changes in the allowed/payment plan opted for. If there Super Area.

shall be an increase in super area, the

Apartment Allottee agrees and The total price payable for the Super Area undertakes to pay for the increase in shall be recalculated upon confirmation by super area immediately on demand by the Company. If there is any reduction in the the Company as and when such demand Super Area within the defined limit of 2%, is intimated to the Apartment Allottee by then Company shall refund the money paid the Company irrespective of receipt of the by Allottee immediately with []% per annum Occupation Certificate and if there shall interest. If there is any increase in the Super be a reduction in the super area, then the Area allotted to Allottee, the Company will refundable amount due to the Apartment demand that from the Allottee as per the Allottee shall be adjusted by the next milestone of schedule of payments in Company from the final installment as set Annexure []. All these monetary forth in the Schedule of Payments in adjustments will be made at the same rate Annexure III. per square meter as agreed in Clause (1.1)

of this Agreement adjusted for all the

The definition of super area, Apartment rebates allowed/payment plan opted for, area, the tentative percentage of together with the next payment milestone apartment area to super area as on the due as per schedule of payment defined in date of execution of this agreement (the Annexure [].

percentage of apartment area to super

area shall be subject to change till the

construction of the said Building is

complete) are clearly described by the

Company in Annexure II which forms part

of this Agreement and is hereby accepted

by the Apartment allottee. The apartment

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36

facilities, if any, which may be Apartment but also the Common located within or outside the Areas and Facilities included in Apartment Buildings (as listed Annexure [] and situated within in Part A & B of Annexure IV). the said GHS Belaire. As the share/interest of

Apartment Allottee in the

common areas and facilities is

undivided and cannot be

separated this would require

him/her to use the common

areas and facilities within the

said Complex only (as listed in

Part A & B of Annexure IV)

harmoniously along with other

occupants, maintenance staff

etc., without causing any

inconvenience or hindrance to

them. Further it is clearly

understood and agreed by the

Apartment Allottee that even if

the common areas and facilities

within the said Complex only

(as listed in Part A & B of

Annexure IV) is included in the

computation of super area, the

right of the Apartment Allottees

to use the common areas and

facilities shall be within the said

Complex only (as listed in Part

A & B of Annexure IV) and shall

always be subject to the timely

payment of maintenance

charges. It is further made

abundantly clear and the

Apartment Allottee has

understood that he /she shall

be entitled to undivided

proportionate share/interest in

no other common areas and

facilities except the common

areas and facilities within the

said Complex only as listed in

Part A & B of Annexure IV.

(iii) In addition to above, though not forming a part of

computation of super area for which price is charged, the Apartment Allottee shall have the ownership of undivided

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proportionate share/interest in the land underneath the said Building only (i.e. the land which is the foot print of the Building in which the said Apartment is situated). The undivided proportionate share/interest of land underneath the said Building shall be calculated in the ratio of super area of the said Apartment to the total super area of all the apartments within the said Complex only. It is made abundantly clear and agreed by the Apartment Allottee that no other land (s) is/are forming part of this Agreement, and the Apartment Allottee shall have no right, no title, no interest of any kind whatsoever on any other land(s) except to the extent of using only such general common areas and facilities within the said Complex, DLF City, Phase V limited to and precisely listed in Part-C of Annexure IV subject, however, to the timely payment of maintenance charges by the Apartment Allottee.

It is made clear by the Company and specifically understood by the Apartment Allottee that the Company may at its sole discretion and for the purpose of complying with the provisions of Haryana

Apartment Ownership Act, 1983 or any other applicable laws substitute the method of calculating the proportionate share in the ownership of the land beneath the building and/or common areas and

facilities as may be described by the Company in its sole discretion in any declaration by calculating the same in the ratio

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of his/her apartment's value to the total value of the said building(s) project/scheme, as the case may be, and that the apartment allottee agrees not to raise any objections in this regard.

(iv) In addition to the above, though not forming a part of the computation of super area, the Apartment Allottee shall be entitled, without any ownership rights, to exclusively use the To be deleted covered/Open car parking

space specifically allotteed to him for parking his/her vehicle in terms of Clause (1.12) below and as listed in Part-D of

Annexure IV.

(v) In addition to above though not forming a part of the -do- computation of super area for which price is charged, the Apartment Allottee shall also be entitled for use only, the general common areas and

facilities within the said Complex limited to and

precisely listed in Annexure IV, Part-C, which may be within or outside the land underneath the said Building earmarked as common areas by all the

occupants of all the buildings to be constructed on the said Portion of Land. However, such general common areas and

facilities earmarked for

common use of all occupants shall not include the exclusive covered parking space in

basements/stilts and open

parking spaces, if individually allotted to the respective occupants for their use.

(vi) It is specifically made clear to the Apartment Allottee

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and is agreed by the Apartment Allottee that as the proposed apartments are nearby to the boundaries of DLF Golf and Country Club or any other recreational and sporting -do- activities including golf and tennis etc., the Apartment Allottee shall have no right, title or interest in the ownership of the DLF Golf and Country club and its ancillary facilities, its membership, operation and running of the DLF Golf and Country club or any other recreational and sporting activities including golf and tennis etc. The Apartment Allottee shall not raise any dispute/objection to any

activity(ies) of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. including but not limited to lighting

arrangements, parties/get together, tournaments and other activities of the DLF Golf and Country Club which may be carried through out the year at the sole discretion of the management of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. It is further made clear that the area earmarked for the DLF Golf and Country Club and its facilities, various community facilities like school, recreational and sporting activities including golf, tennis, hotels, other clubs, hospitals and the like shall not be a part of the complex where the said apartment/said Building is proposed to be located and the Apartment Allottee will be required to pay separate

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deposits/charges for securing admission and usage to the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities, the acceptance or rejection of which shall be at the sole discretion of the management of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities and the Apartment Allottee shall not raise any dispute/objection in this regard at any time during the occupancy of the said Apartment. It is further made clear to the Apartment Allottee that the running and operation of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities including nearby governmental

installations/statutory reasons may cause disturbance to the occupants of nearby areas for which the Apartment Allottee specifically agrees not to raise any dispute or make any claim of whatsoever nature against the Company in this regard.

(vii) While the super area of the said Apartment does not include any recovery/loading towards the cost of construction -do- or area of club /Community Centre within the said

Complex, the Apartment

Allottee(s) have conditional right of usage of facilities of a common nature which may be provided on the

Club/Community center within the said Complex only.

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However, the Company reserves the right to include such areas in the computation of final super area of the apartment at any stage with the proviso that the price shall not be charged for such additional area of the Club/Community Center from the Apartment Allottee(s) and the Apartment Allottee(s) shall not raise any objection thereto. It is clarified and understood that this club/community center is distinct and independent from DLF Golf and Country Club/any other club in DLF

City/Community center sites in DLF City and /or any other recreational and sporting activities including golf and tennis etc. and any other activity/amenity facility of a general nature provided by the Company. This right of usage is limited to the said Site within the said Complex only and is subject to the fulfilment of the terms and conditions as

stipulated in this application and Payment Plan. The

Apartment Allottee authorises the Company to formulate at the Company's sole discretion appropriate management

structure and policies, rules and regulations for the said Club/Community Centre and upon intimation of the

formalities to be complied with by the Company, the

Apartment Allottee undertakes to fulfil the same. It is understood that the

Club/Community Centre usage shall be limited to only the occupants of the Complex and the Company may make

suitable provision of

convenants to this effect in the

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necessary documents which the Apartment Allottee undertakes to faithfully comply with without raising any objections. It is understood that the entire operating cost of the said Club/community facility, improvements/up gradations to be carried out over a period of time, direct usage charges for the facilities used and the items consumed by the Apartment Allottee from time to time, shall in no way constitute any portion of the sale price of the said Apartment and shall be paid extra and are outside the scope of this application, payment plan of the Apartment Buyers' Agreement.

(viii) That the company has made it specifically clear to the Apartment allottee and after -do- having satisfied

himself/themselves, the

Apartment allottee has

understood and agreed that the computation of the price of the said Apartment does not

include any element of

recovery or payments towards land, construction, running and operation of community

buildings/sites, other

recreational and sporting activities including golf and tennis etc. as well as recovery of payment towards

maintenance charges of any kind by the Company from the Apartment Allottee in any manner. Further, the Apartment Allotttee understands and fully agrees that the Company is free to deal with community buildings/sites/recreational and sporting activities including golf and tennis etc. in any manner as the Company may deem fit

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provided in accordance with the directions of any competent authority(ies) including but not limited to schools, shops, facilities, amenities etc. even if provided in the said Building, are specifically excluded from the scope of this Agreement and the Apartment Allottee shall have no ownership rights, no right of usage, no title, no interest or no claims whatsoever in such land(s), areas, facilities and amenities within the said Building, the said Portion of Land or any where in Phase V. The Apartment Allottee hereby gives an irrevocable undertaking to the Company that he/she shall never claim any rights, title nor any interest in these land(s), areas, facilities and amenities, including but not limited to those listed in Annexure IV, Part-E, as they are specifically excluded from the scope of this Agreement and are not included in the computation of super area in any manner, and for which the Apartment Allottee has not paid any money to the Company in any form or manner whatsoever and that the

Apartment Allottee agrees that he/she shall not, at a later date, after execution of this Agreement, raise any claim or create any dispute in respect of such land(s), areas, facilities and amenities. The Company, its Associates, its subsidiary companies as the owner of such lands, areas facilities and amenities shall have sole right and absolute authority to deal with the same in any manner including but not limited to creation of rights in favour of any other party by way of sale, transfer, lease, joint venture, collaboration or any other mode including transfer to Government, Semi Government, any other Authority, Body, any Person, Institution, Trust and/or any Local Body(ies) which the Company may deem fit in its sole discretion. All land(s) [ other than usage of land(s) earmarked in the layout plan as may be approved from time to time as public roads only for use by general public in

45

Phase-V and in DLF City.] falling outside the periphery/boundary of the said Portion of Land are clearly outside the scope of this Agreement and the Apartment Allottee shall have no ownership rights, no rights of use, no title no interest of any kind or manner whatsoever in such lands falling outside the periphery/boundary of the said Portion of Land. The Company, its Associate companies, its subsidiary companies as the owner of some of these lands, areas, facilities and amenities shall have the sole right and the absolute authority to deal in any manner including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease or any other mode which the Company may deem fit in its sole discretion.

The Apartment Allottee confirms and represents that he/she has not made any payment to the Company in any manner whatsoever and the Apartment Allottee hereby agrees that the Company has not indicated/promised/represented/given any impression of any kind in an explicit or implicit manner whatsoever, that the Apartment Allottee shall have any right, title or interest of any kind whatsoever in any lands, building, common areas, facilities and amenities falling outside the land underneath the said Building save and except the use of general common areas (for the purpose of direct exit to a nearest public street, nearest road only) to be identified by the Company in its sole discretion and such identification by the Company in its plans now or in future shall be final, conclusive and binding on the Apartment Allottee. Further the Company has made clear to the

Apartment Allottee that it shall be carrying out extensive development/construction activities now and for many decades in future in the entire area falling outside land underneath the said Building in which his/her Apartment is located and that the Apartment Allottee has confirmed

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occupants of the said Building and that with any other project in its vicinity or the general common areas and facilities otherwise except for the purpose of within the said Complex which are integration of infrastructure for the benefit of outside the land underneath the said the Allottee.

Building (excluding reserved parking

areas) as listed in Part B of Annexure IV

are for common use of occupants of all

the buildings to be constructed on the

said Portion of Land. However, it is

specifically made clear to the Apartment

Allottee that his/her right to use such

common areas and facilities within the

said Building (as listed in Part A of

Annexure IV) and general common areas

and facilities (as listed in Part B of

Annexure IV) falling outside the land

underneath the said Building (excluding

car parking spaces specifically allotted

and assigned to the Apartment Allottee(s)

but within the said Complex shall be

limited to the areas within the said

Complex as may be included in the

Declaration which may be filed by the

Company at its sole discretion in terms of

the Haryana Apartment Ownership Act,

1983 or any other amendment(s) or

statutory modification(s) or re-enactments

thereof or under the provisions of any

other applicable law(s) and the Apartment

Allottee hereby agrees that such

Declaration shall be binding upon the

Apartment Allottee. The Apartment

Allottee has assured the Company to

faithfully abide by such declaration. The

common areas and facilities within the

said Building (as listed in Part A of

Annexure IV) and the general common

areas and facilities within the said

Complex (as listed in Part B of Annexure

IV) shall be available for use by the Apartment Allottee subject to the timely payment of maintenance charges and the Apartment Allottee agrees that in the event of failure to pay maintenance charges on or before due date, he/she shall not have the right to use such common areas and facilities and such general common areas and facilities. It is further clarified by the Company and agreed to by the Apartment allottee that

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1.11 It is made clear by the Company and Any raise in the IDC and EDC imposed by agreed by Apartment allottee that the the Government after the date of execution payment of External Development of the Agreement, or imposition/levy of charges shall always be solely to the additional levy(ies), fees, cesses, charges account of Apartment allottee to be borne etc. in the nature of infrastructure charges and paid by all the apartment allottees in and or by whatever name either existing or proportion to the super area of their leviable in future imposed/levied by the respective apartments to the total super Government of Haryana or any other area of all the Apartments in all the authority, shall be paid by the Allottee either buildings in the said Complex. The pro directly to the concerned authorities or if rate share of External Development paid by the Company on behalf of the charges as levied by the Govt. of Allottee or demanded from the Company, Haryana up to the date of issue of pay the same to the Company on pro-rata licenses originally paid by the company basis as specified in clause 38 of this as applicable to the said apartment is Agreement². In case such IDC are levied/ already taken into account by the demanded by the government from the Company while determining the total Company with retrospective effect, the price payable by the Apartment Allottee Allottee shall be liable to pay the same on for the said Apartment. The Apartment demand being raised by the Company on allottee undertakes to additionally pay to pro-rata basis as stated hereinabove. The the Company, on demand, any increase Company assures the Allottees that the in the External Development charges Company had paid the requisite IDC and levied, (over and above the rate originally EDC till the date of execution of the paid by the company and included in the Agreement.

sale price on which EDC is charge up to

the date of issue of license by the Govt.

of Haryana), by whatever name called or

in whatever form and with all such

conditions imposed, by the Haryana Govt.

and /or any competent authority and such

increase in external development charges

shall be borne and paid by the Apartment

Allottee in proportion to the super area of

his/her Apartment to the total super area

of all the Apartments in all the buildings in

the said Complex as determined by the

company. If such charges are increased

(including with retrospective effect) after

the sale deed has been executed then

the Apartment Allottee undertakes to pay

such charges directly to the government

agency or department concerned or to

the company as may be called for

immediately on demand. In the event of

such charges remaining unpaid, the

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Apartment allottee agrees that the company shall have an unfettered right to resume the said Apartment and the apartment allottee shall have no right, title and interest left in the apartment thereafter. The apartment allottee further agrees that he/she would not be

competent to challenge such action of resumption of the said apartment by the Company due to default of non-payment of such enhanced external development charges on the part of the Apartment Allottee.

In addition to the external development charges, as mentioned in Clause 1.11 (a) hereinabove, the Government of Haryana or any other authority, with a view to recover the cost of development with regard to State/National Highways, transport, irrigation facilities, power facilities etc. may impose/levy additional levy(ies), fees, cesses, charges etc. by whatever name called on prescribed basis either existing or leviable in future and in that event, the Intending Allottee agrees to pay the same either directly to the concerned authorities paid by the Company or demanded from the

company, reimburse the same to the Company on pro-rate basis on demand being raised by the Company on him in this regard. It is made clear that the said charges shall be levied on pro-rate basis pertaining to the said apartment in The Belaire Complex and the same shall be assessable/applicable/calculable from the date of this Application. It has further clarified to the Intending Allottee that the said Infrastructure Development Charges shall be payable by the Intending Allottee in addition to the External Development Charges mentioned in Clause 1.11 (a) hereinabove. In case such Infrastructure Development Charges are

levied/demanded by the government from the Company with retrospective effect for any reason whatsoever, the Intending Allottee shall be liable to pay the same on demand being raised by the Company on

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1983. The Apartment Allottee agrees and confirms that the parking space allotted to him/her shall automatically be cancelled in the event of cancellation, surrender, relinquishment, resumption, re- possession etc. of the said Apartment under any of the provisions of this Agreement. A tentative parking plan is given in Annexure-IV. All clauses of this Agreement pertaining to use, possession, cancellation etc. mutatis mutandis to the said parking spaces wherever applicable.

1.13 The total price of the said Apartment The Total Price of the Apartment includes mentioned in the schedule of payments in the cost of providing electric wiring, fire Annexure III of this Agreement is detection and fire fighting equipment in the inclusive of the cost of providing electric Common Areas and Facilities within the wiring, fire detection and fire fighting GHS Belaire as prescribed in the Fire equipment in the common areas within Fighting Code/Regulations under National the said Building/said Complex as Building Code 1983, amendment No.3 of prescribed in the fire fighting January, 1997.

code/regulations under National Building

Code 1983, amendment No.3 of January, The Company undertakes to provide 1997. Power back-up may be provided residential electricity connection through subject to timely payment of maintenance Dakshin Haryana Bijli Vitran Nigam charges, not exceeding 7.5 KVA load per (DHBVN) or State Electricity Boards (SEB) Apartment in Building A, B & C and 10 with sufficient capacity as defined in KVA load per Apartment in Buildings D&E Annexure [] for the GHS Belaire. The at 70% load factor in addition to that for Company shall also provide sufficient the common areas and services. backup power facility for the requirements However, DG set capacity calculation defined in Annexure []. The backup power shall take into account suitable overall plant may be located within or outside the diversity of 60%. This back-up is complex and the same shall be an integral exclusive of the back-up required and part of the Common Area and Facilities of provided for Central Air-conditioning plant the GHS Belaire and for the exclusive use of of the Complex to be located in the the GHS Belaire.

services area(s). It is specifically made

clear to the Apartment Allottee that in the In the event that any other type of event of non payment of electricity connection (other than residential) such as charges as billed by the Company/the industrial or commercial, is provided at the Maintenance Agency, the Company/the time of handing over the possession, the Maintenance Agency shall have the right Company shall bear the additional cost of to disconnect such supply of electricity electricity charges and the Allottees shall be without any notice. The total price of the liable to pay the electricity charges, based said Apartment does not include the cost on their actual consumption, only at the of electric fittings, fixtures, geysers, rates applicable for residential connection electric and water meter etc. which shall as chargeable by DHBVN from time to time. be got installed by the Apartment Allottee

at his/her own cost. If due to any The Total Price of the Apartment does not subsequent legislation/Govt. order, include the cost of electric fittings, fixtures, directives, guidelines or electric and water meter etc. within the

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That the Apartment Allottee agrees to pay The Allottee agrees to pay directly, or if paid directly or if paid by the Company then by the Company, then reimburse to the reimburse to the Company on demand, Company on demand, Govt. rates, property Govt. rates, property taxes, Wealth Tax, taxes, wealth tax, taxes of all and any kind taxes of all and any kind by whatever by whatever name called, whether levied or name called, whether levied or leviable leviable now or in future on the GHS Belaire now or in future on the said Complex /or building(s) constructed on the Said Land and/or building(s) constructed on the said or the Apartment, as the case may be, as Portion of Land or the said Apartment, as assessable/applicable from the date of the case may be, as application of the Allottee and the same

assessable/applicable from the date of shall be borne and paid by the Allottee in application of the Apartment Allottee and proportion to the Super Area of the said the same shall be borne and paid by the Apartment to the Super Area of all the Apartment Allottee in proportion to the Apartments in the GHS Belaire. Further the Super Area of the said Apartment to the Allottee shall be liable to pay from the date super area of all the Apartments in the of his/her application house-tax/property- said building/said Complex as determined tax, fire fighting tax or any other fee or cess by the Company. Further the Apartment as and when levied by a local body or Allottee shall be liable to pay from the authority and so long as the Apartment of date of his/her application house- the Allottee is not separately assessed to tax/property-tax, fire fighting tax or any such taxes, fee or cess, the same shall be other Fee or Cess as and when levied by paid by the Allottee in proportion to the a Local Body or Authority and so long as Super Area of the said Apartment to the the said Apartment of the Apartment total Super Area of all the Apartments in the Allottee is not separately assessed to GHS Belaire.

such Taxes, Fee or Cess, the same shall

be paid by the Apartment Allottee in

proportion to the super area of the said

Apartment to the total super area of all

the Apartments in the said Building/said

Complex as determined by the Company.

These taxes, fees, cesses etc shall be

paid by the Apartment Allottee

irrespective of the fact whether the

maintenance is carried out by the

Company or its Nominee or any other

Body or Association of all or some of the

Apartment owners.

3 Amount paid by Apartment Allottee with Amount paid by Apartment Allottee with Application Application

That the Apartment Allottee has paid a That the Allottee has paid a sum of Rs [] sum of Rs......(Rupees.....only) being part (Rupees [] only) being part payment towards payment towards the cost of the said the cost of the Apartment at the time of Apartment at the time of application the application the receipt of which the receipt of which the Company doth Company doth hereby acknowledge and the hereby acknowledge and the Apartment Allottee shall and doth hereby agree to pay Allottee shall and doth hereby agree to the remaining price of the Apartment as pay the remaining price of the Apartment prescribed in schedule of payments as prescribed in Schedule of Payments (Annexure []) attached with this Agreement

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substitute materials, plans and equipment Development and Regulation of Urban Area or fixtures of similar quality or subject to Rules 1976 and the Punjab Schedule Roads any direction from competent authority or and Controlled Areas (Restriction of due to force majure conditions or reasons Unregulated Development) Act 1963 and beyond control of the company and the the Apartment Act as amended from time to Apartment allottee hereby agrees to this time and shall not have an option to make condition. The Apartment Allottee has any variation/alteration/ modification in such further authorised the Company to carry plans or Annexures and breach of this term out, on his/her behalf, such additions, by the Company shall constitute a material alterations, deletions and modifications in breach of the Agreement. the building plans, floor plans, Apartment

plans, change in specification etc.

including the number of Apartments/floors

as the company may consider necessary

or as directed by any competent authority

while sanctioning the building/layout

plans or at any time thereafter till the

grant of an occupation certification. The

Company may increase the proposed

number of floors in the said building and

shall be seeking necessary approvals for

the same. The Apartment Allottee hereby

agrees that the Company is fully entitled

to increase the number of floors in the

said building and/or the height of the said

building and the apartment allottee has

no objection to the same. In case the

Company is able to obtain the necessary

approvals for increasing the number of

floors and /or increase the height of the

said building then in such case, the

company shall inform the Apartment

allottee about whether the Apartment

allottee wishes to move to a higher floor.

If the Apartment Allottee conveys his

desire to shift to a higher floor, the same

may be permitted by the Company at its

sole discretion. The Apartment allottee

shall not claim any reduction in price of

his Apartment due to increase in the

number of floors in the said building.

Accordingly, his application and this

Agreement shall stand modified to this

effect. The intimation of option to shift to a

higher floor will be given to all the

Apartment Allottees by way of a written

notice. The issuance of the occupation

certificate for the building/complex shall

be the conclusive evidence (issue for the

said building or for the said complex as

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10.3 Failure of Apartment Allottee to take Failure of Apartment Allottee to take Possession Possession

Upon receiving a written intimation from Upon receiving a written intimation from the the Company in terms of Clause (10.2) Company as per Clause 10.2, the Allottee above, the Apartment Allottee shall within shall, within the time stipulated by the the time stipulated by the Company in the Company in the notice, take possession of notice, take over the said Apartment from the Apartment from the Company by the Company by executing necessary executing necessary indemnities, indemnities, Undertakings, Tripartite undertakings and such other documentation Maintenance Agreement and such other as prescribed in this Agreement, and the documentation as the Company may Company shall give possession of the prescribe and the Company shall after Apartment along with Common Areas and satisfactory execution of such documents Facilities to the Allottee. In case the Allottee and payment by the Apartment Allottee of fails to take possession, such Allottee shall all the dues under this Agreement permit still be liable to pay maintenance charges as the Apartment Allottee to occupy and use prescribes in this Agreement and raised the said Apartment. If the Apartment from time to time by the Company/RWA. Allottee fails to take over the Apartment

as aforesaid within the time limit Further it is agreed by the Allottee that in the prescribed by the Company in its notice, event of his/her failure to take over the said then the said Apartment shall lie at the Apartment in the manner as aforesaid, then risk and cost of the Apartment Allottee the Company shall have the option to cancel and the Company shall have no liability or this Agreement.

concern thereof. Further it is agreed by

the Apartment Allottee that in the event of However, before exercising the option of his/her failure to take over the said cancelling the Agreement, the Company Apartment in the manner as aforesaid, shall condone the delay by the Allottee in then the company shall have the option to taking over the Apartment on the condition cancel this Agreement and avail the that the Allottee shall be liable to pay to the remedies as stipulated in Clause (12) of Company appropriate charges per month for this Agreement or the Company may, taking delayed possession of the Apartment without prejudice to its rights under any of for the entire period of delay. If the Allottee the clauses of this Agreement and at its fails to meet the above mentioned condition sole discretion, decide to condone the within 3 months from the date of the receipt delay by the Apartment Allottee in taking of the written intimation from the Company over the said Apartment in the manner as to take over possession, then the Company stated in this clause on the condition that may exercise the option of cancelling the the Apartment Allottee shall be liable to Agreement.

pay to the Company charges @Rs.5/- per

sq. ft. of the super area per month for If the Company elects to cancel this taking delayed possession of the Agreement, the Company shall have the Apartment for the entire period of delay right to retain the earnest money as and to withhold conveyance or handing specified in this Agreement and refund the over for occupation and use of the said balance amount to the allottee without Apartment till the entire charges/penalty interest within 30 days. with applicable over due interest., if any,

at the rates as prescribed in this

agreement are fully paid. It is made clear

and the Apartment Allottee agrees that

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plot for any amenities, facilities intended to be create therein or if any matters, issues relating to such approvals, permissions, notices, notifications by the competent authority(ies) become subject matter of any suit/writ before a competent court or for any other reasons beyond the control of the Company then the Apartment allottee agrees that the company shall be entitled to the extension of time for delivery of possession of the said Apartment. The company as a result of such a

contingency arising reserves the right to alter or vary the terms and conditions of this Agreement or if the circumstances beyond the control of the company so warrant, the company may suspend the scheme for such period as it may consider expedient and the Apartment allottee agrees not to claim compensation of any nature whatsoever (including the compensation stipulated in Clause 11.4) of this Agreement during the period of suspension of the Scheme.

The Apartment allottee confirms that he/she has authorised the company to treat this Apartment Buyers' Agreement executed by him/her as cancelled in consequence of the company abandoning the project the Apartment allottee confirms that he/she has given irrevocable authority to the Company that upon such cancellation/abandonment and subject to A0partment allottee not being in default under this Agreement and to refund by registered post, the amounts attributable to the said Apartment (after deducting interest on delayed payments, and interest paid, due or payable, any amount of non-refundable nature) that have been received from the Apartment allottee by the company without any interest or compensation of whatsoever nature and upon dispatch of such refund by registered post, the Apartment allottee agrees that he/she shall not have any rights, claims etc. against the Company and that the company shall be released

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interest or Failure to take over the said Apartment (ii) The Allottee shall have the option for occupation and use within the time of terminating the Agreement in stipulated by the Company in its notice. which case the Company shall be immediately liable to refund the

Failure to execute the conveyance deed entire money paid by the Allottee within the time stipulated by the Company under any head whatsoever in its notice. towards the purchase of the

apartment, along with simple

Failure to execute Tripartite Maintenance interest @ []% per annum within Agreement and/or to pay on or before its 30 days of receiving the due date the maintenance charges, termination notice.

maintenance security deposits,

deposits/charges for bulk supply of In case the Allottee issues a letter of electrical energy or any increases in termination due to breach alleged by the respect thereof, as demanded by the Allottee on any of the above grounds, the Company, its nominee, other Body or Company shall terminate the Agreement in Association of Apartment accordance with the condition stipulated Owners/Association of Condominium, as above.

the case may be

In case the Company chooses to abandon

Failure, pursuant to a request by the the project, the Company shall be liable to Company, in terms of Clause (28) of this refund all the money paid by the Apartment Agreement to become a member of the Allottee along with interest of []% p.a. Association of Apartment Owners of the

said Building/said Complex or to pay

subscription charges etc. as may be

required by the Company or Association

of Apartment Owners, as the case may

be.

Assignment of this Agreement or any

interest of the Apartment Allottee in this

Agreement without prior written consent

of the Company.

Dishnour of any cheque(s) given by

Apartment Allottee for any reason

whatsoever.

Sale/transfer/disposal of/dealing with, in

any manner, the parking space

independent of the said Apartment or

usage of the parking space other than for

parking his / her vehicle.

Any other acts, deeds or things which the

Apartment Allottee may commit, omit or

fail to perform in terms of this Agreement,

any other undertaking,

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affidavit/agreement/indemnity etc. or as demanded by the Company which in the opinion of the Company amounts to an event of default and the Apartment Allottee agrees and confirms that the decision of the Company in this regard shall be final and binding on the Apartment Allottee.

Upon the occurrence of any one or more of event(s) of default under this Agreement including but not limited to those specified above, the Company may, at its sole discretion decide, by notice to the Apartment Allottee, to cancel this Agreement. If the Company elects to cancel this Agreement, the Apartment Allottee shall have thirty (30) days from the date of issue of notice of cancellation by the Company to rectify the default as specified in that notice. The Apartment Allottee agrees that if the default is not rectified within such thirty (30) days, this Agreement shall be liable to be cancelled/cancelled without any further notice and the Company shall have the right to retain, as and for liquidated damages, the entire earnest money as specified in this Agreement along with the interest on delayed payments, any interest paid, due or payable, any other amount of a non-refundable nature. The Apartment Allottee agrees that upon such cancellation of this Agreement, the Company will be released and discharged of all liabilities and obligations under this Agreement and the Apartment Allottee hereby authorises the Company that the said Apartment and the car parking space may be sold to any other party by the Company or dealt in any other manner as the Company may in its sole discretion deem fit as if this Agreement had never been executed and without accounting to the Apartment Allottee for any of the proceeds of such sale. In the event of the Company electing to cancel this

Agreement, any amount which is found to be refundable to the Apartment Allottee over and above the amounts retained as

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Company at its sole discretion hereby the Allottee reasonable maintenance agrees to execute Tripartite Maintenance charges.

Agreement (draft given in Annexure VII to

this Agreement) with the Maintenance As per the provisions of the Apartment Act, Agency or any other nominee/ agency or the Company shall handover the other body/ association of apartment maintenance of the GHS Belaire in all owners as may be appointed by the respects to a legally constituted association Company from time to time for the of apartment owners (hereinafter referred to maintenance and upkeep of the said as the "RWA") on the date of filing of the portion of land/ the said Building/ the said Deed of Declaration and shall give an Complex. This Agreement shall not be undertaking and affidavit to that effect in deemed to be executed till the draft favor of the RWA.

Tripartite Maintenance Agreement is

signed and returned with this agreement. The Allottee undertakes to pay maintenance The Apartment allottee further undertakes charges at a rate to be determined by the to abide by the terms and conditions of RWA for each Apartment and proportionate the Tripartite Maintenance Agreement undivided share in the Common Areas and and to pay promptly all the demands, Facilities. The entire Common Areas and bills, charges as may be raised by the Facilities (as listed in Annexure []) shall be maintenance agency from time to time. available for use and ownership by the The company reserves the right to Allottee subject to timely payment of change modify, amend, impose additional maintenance charges to the RWA. The conditions in the Tripartite Maintenance Allottees agree that in the event of failure to Agreement at the time of its final pay maintenance charges on or before due execution. The maintenance charges date as demanded by RWA, he/she shall shall become applicable/ payable from not have the right to use such Common the date the maintenance agency Areas and Facilities

commences the maintenance of the said

complex/said building after the company The Company shall be responsible for has received the Occupation paying the maintenance charges for the Certificate/the date of allotment unsold, unoccupied Apartments once the whichever is later. maintenance charges are made applicable

by the RWA.

It is further clarified that the company may

at its sole discretion hand over the In order to provide necessary maintenance maintenance of the said Building/said services till the GHS Belaire is handed over Complex to anybody/association of to the RWA, dedicated focus and apartment owners of the said transparency in accounting and audit Complex/said Building including but not procedures the Company shall hand over limited to any body/association of the maintenance of the Building/GHS condominium or the said complex, as the Belaire to such other agency/ body/ case may be at any time before/after the company (hereafter referred to as construction of the said Building/said "Maintenance Agency") as the Company in Complex is complete either for each its sole discretion may deem fit. The Allottee building or for the entire complex and the if so directed by the Maintenance Agency/ Apartment Allottee specifically confirms the Company at its sole discretion hereby his consent to this proposal. It is further agrees to execute Tripartite Maintenance specifically clarified that the Draft Agreement (draft given in Annexure [] to this Tripartite Maintenance Agreement, set Agreement) with the Maintenance Agency out at Annexure VII to this Agreement is or any other nominee/ agency or other body

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merely an indicative agreement that is as may be appointed by the Company from proposed to be entered into with the time to time for the maintenance and Apartment Allottee for maintenance and upkeep of the GHS Belaire. This Agreement upkeep of the said Building/said shall not be deemed to be executed till the Complex, however, if at any time, after draft Tripartite Maintenance Agreement is having taken over the said Building/said signed and returned with this agreement. Complex, the said association of The Allottee further undertakes to abide by apartment owners, condominium of the terms and conditions of the Tripartite association decides to modify, alter, add, Maintenance Agreement and to pay delete any one or more of the terms and promptly all the demands, bills, charges as conditions of the Draft Tripartite may be raised by the Maintenance Agency Maintenance Agreement, the Apartment from time to time. The Company reserves Allottee shall not have any objection to the right to change modify, amend, impose the same and shall execute the Tripartite additional conditions in the Tripartite Maintenance Agreement as may be Maintenance Agreement at the time of its required by the said Maintenance Agency final execution. The maintenance charges or Association of Apartment Owners or shall become applicable/ payable from the Association of Condominium or its date the Maintenance Agency commences nominees or assigns. The payment of the maintenance of the said complex/said maintenance charges will be applicable building after the company has received the whether or not possession is taken by the occupation certificate/the date of allotment Apartment Allottee. whichever is later.

It is further specifically clarified that the Draft

Tripartite Maintenance Agreement, set out

at Annexure [] to this Agreement is merely

an indicative agreement that is proposed to

be entered into with the Allottee for

maintenance and upkeep of the

Building/said complex. However, if at any

time, after having taken over the GHS

Belaire, the RWA decides to modify, alter,

add, delete any one or more of the terms

and conditions of the Draft Tripartite

Maintenance Agreement or cancel the

Agreement, it may do so. The payment of

maintenance charges will be applicable

whether or not possession is taken by the

Allottee.

14.2 Interest Bearing Maintenance Security Interest Bearing Maintenance Security

(IBMS) (IBMS)

In order to secure adequate provision of In order to secure adequate provision of the the maintenance services and due maintenance services and due performance performance of the Apartment Allottee in of the Allottee in paying promptly the paying promptly the maintenance bills maintenance bills and other charges, the and other charges as raised by the Allottee agrees to deposit, as per the maintenance agency, the Apartment schedule of payment given in Annexure []

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Allottee agrees to deposit, as per the and to always keep deposited with the schedule of payment given in Annexure Company, an interest bearing maintenance III and to always keep deposited with the security calculated at the rate of Rs. 100/- Company/ maintenance agency an per square ft. of the Super Area of the said interest bearing maintenance security Apartment carrying simple yearly interest as calculated at the rate of Rs. 100/- per per the applicable bank rates on fixed square ft. of the super area of the said deposits (applicable to one year fixed Apartment carrying simple yearly interest deposit) accepted by State Bank of India at as per the applicable bank rates on fixed the close of each financial year on 31^st deposits (applicable to one year fixed March calculated from the date of realization deposit) accepted by State Bank of India of the amount by the Company. In case of at the close of each financial year on 31^stfailure of the Allottee to pay the March calculated from the date of maintenance bills, other charges on or realization of the amount by the before the due date, the Allottee in addition Company. In case of failure of the to permitting the Company to deny him/ her Apartment Allottee to pay the the right to avail the maintenance services maintenance bills, other charges on or also authorises the Company to adjust in before the due date, the Apartment the first instance, the interest accrued on the Allottee in addition to permitting the interest bearing maintenance security Company to deny him/ her the right to against such defaults in the payment of avail the maintenance services also maintenance bills and in case such accrued authorises the Company to adjust in the interest falls short of the amount of the first instance, the interest accrued on the default, the Allottee further authorises the interest bearing maintenance security Company to adjust the principal amount of against such defaults in the payment of the interest bearing maintenance security maintenance bills and in case such against such defaults. If due to such accrued interest falls short of the amount adjustment in the principal amount, the of the default, the Apartment Allottee interest bearing maintenance security falls further authorises the Company to adjust below the agreed sum of Rs. 100/- per the principal amount of the interest square ft. of the Super Area of the bearing maintenance security against Apartment, then the Allottee hereby such defaults. If due to such adjustment undertakes to make good the resultant in the principal amount, the interest shortfall within 15 days of demand by the bearing maintenance security falls below Company. The Company reserves the right the agreed sum of Rs. 100/- per square ft. to increase the interest bearing of the super area of the said Apartment, maintenance security from time to time in then the Apartment Allottee hereby keeping with the increase in the cost of undertakes to make good the resultant maintenance services and the Allottee shortfall within fifteen days of demand by agrees to pay such increases within 15 days the Company. The Company reserves of demand by the Company.

the right to increase the interest bearing

maintenance security from time to time in If the Apartment Allottee fails to pay such keeping with the increase in the cost of increase in the interest bearing maintenance maintenance services and the Apartment security or to make good the shortfall as Allottee agrees to pay such increases aforesaid on or before its due date, then the within fifteen (15) days of demand by the Allottee authorizes the Company to charge Company. If the Apartment Allottee fails interest on the delayed payment. to pay such increase in the Interest

Bearing Maintenance Security or to make It is made specifically clear and it is so good the shortfall as aforesaid on or agreed by and between the parties hereto that this interest bearing maintenance

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before its due date, then the Apartment security will be transferred in favour of the Allottee authorises the Company to treat RWA as soon as the GHS Belaire is handed this Agreement as cancelled without any over to the RWA.

notice to the Apartment Allottee and to

recover the shortfall from the sale

proceeds of the said Apartment and the

parking space and to refund to the

Apartment Allottee the balance of the

money realized from such sale after

deducting there from the entire earnest

money, interest on delayed payments,

any interest paid, due or payable and all

other dues as set out in this Agreement.

It is made specifically clear and it is so

agreed by and between the parties hereto

that this part of the Agreement relating to

interest bearing maintenance security as

stipulated in this clause shall survive the

conveyance of title in favour of the

Apartment Allottee and the Company/ the

maintenance agency shall have first

charge/ lien on the said Apartment in

respect of any such non-payment of

shortfall/ increases as the case may be.

The Company shall at its sole discretion

have the right to refund/ offer to refund at

its sole option in full and final settlement

of the IMBS, after adjusting therefrom any

outstanding maintenance bills and/ or

other outgoings of the Apartment Allottee

at any time including upon execution of

the conveyance deed and thereupon the

Company shall stand completely

absolved/ discharged of all its obligations

and responsibilities concerning the IBMS,

including but not limited to issues of

repayment, refund and/ or claims, if any,

of the Apartment Allottee on account of

the same. In the alternative, the

Company shall have the sole right to

transfer to the Maintenance Agency the

IBMS of the Apartment Allottee, after

adjusting therefrom any outstanding

maintenance bills and/ or other outgoings

of the Apartment Allottee at any time

including upon execution of the

conveyance deed and thereupon the

Company shall stand completely

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absolved/ discharged of all its obligations and responsibilities concerning the IBMS including but not limited to issues of repayment, refund and/ or claims, if any, of the Apartment Allottee on account of the same and all clauses dealing/ concerning the IBMS of this Agreement and the Conveyance Deed as far as they are applicable to the Company shall cease to be valid and effective. It is hereby specifically agreed to by the Apartment Allottee that such transfer of IBMS shall not be linked in any manner whatsoever to the implementation of the haryana Apartment Ownership Act, 1983 by the Company for the said Complex. That the Maintenance Agency/

Association of Apartment Owners, upon transfer of the IBMS or in case fresh IBMS is sought from the Apartment Allottee(s) as stipulated hereinabove, reserves the sole right to modify/ revise all or any of the terms of the IBMS, Tripertite Maintenance Agreement, including but not limited to the amount/ rate of IBMS etc.

The Apartment Allottee has specifically agreed with the Company that the Allotment of the said apartment shall be subject to strict compliance of a Code of Conduct that may be determined by the Company/ Association of apartment allottees for occupation and use of the said apartment and such other conditions as the Company/Association of apartment allottees may deem fit from time to time which may include but not limited to usage of the said apartment, operation hours of various maintenance services, general compliances for occupants of the said apartment, regulation as to entry/ exit of the visitors, invitees, guests, security, interiors/ fitouts, etc. It is abundantly clarified that the Code of Conduct as may be specified by the Company/ Association of Apartment Allottees is always subject to change by the Company/ association of apartment allottees,

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14.3 Payment of deposits & charges for bulk Payment of deposits & charges for bulk supply of Electrical Energy supply of Electrical Energy

If the Company or the maintenance If the Company or the Maintenance Agency agency decides to apply for and decides to apply for and thereafter receives thereafter receives permission, from permission, from Dakshin Haryana Bijli Dakshin Haryana Bijli Vitran Nigam Ltd. Vitran Nigam Ltd. (DHBVN) or from any (DHBVN) or from any other body/ other body/ commission/ regulatory/ Commission/ Regulatory/ Licensing licensing authority constituted by the Authority constituted by the Government Government of Haryana for such purpose, of Haryana for such purpose, to receive to receive and distribute bulk supply of and distribute bulk supply of electrical electrical energy in the GHS Belaire, then energy in the said Complex, then the the Allottee undertakes to pay on demand to Apartment Allottee undertakes to pay on the Company proportionate share as demand to the Company proportionate determined by the Company of all deposits share as determined by the Company of and charges paid/ payable by the Company all deposits and charges paid/ payable by or the Maintenance Agency to DHBVN/ any the Company or the maintenance agency other body/ commission/ regulatory/ to DHBVN/ any other Body/ Commission/ licensing authority constituted by the Regulatory/ Licensing Authority Government of Haryana, failing which the constituted by the Government of same shall be treated as unpaid portion of Haryana, failing which the same shall be the Total Price payable by the Allottee for treated as unpaid portion of the total price the Apartment and the conveyance of the payable by the Apartment Allottee for the Apartment shall be withheld by the said Apartment and the conveyance of Company till full payment thereof is received the said Apartment shall be withheld by by the Company from the Allottee. the Company till full payment thereof is Proportionate share of cost incurred by the received by the Company from the company for creating infrastructure like HT Apartment Allottee. Proportionate share Feeder, EHT Sub station etc. shall also be of cost incurred by the company for payable by Allottee on demand. Further the creating infrastructure like HT Feeder, Allottee agrees that the Company shall EHT Sub station etc. shall also be entitled in terms of the Tripartite payable by apartment allottee on Maintenance Agreement (draft given in demand. Further the Apartment Allottee Annexure []) to withhold electricity supply to agrees that the Company shall entitled in the Apartment till full payment of such terms of the Tripartite Maintenance deposits and charges is received by the Agreement (draft given in Annexure VII) Company or the Maintenance Agency. to withhold electricity supply to the said Further in case of bulk supply of electrical Apartment till full payment of such energy, the Allottee agrees to abide by all deposits and charges is received by the the conditions of sanction of bulk supply, Company or the maintenance agency. including but not limited to waiver of the Further in case of bulk supply of electrical Allottee's rights to apply for individual/ direct energy, the Apartment Allottee agrees to electrical supply connection directly from abide by all the conditions of sanction of DHBVN or any other body responsible for bulk supply including but not limited to supply of electrical energy. An Undertaking waiver of the Apartment Allottee's rights in this regard executed by the Allottee is to apply for individual/ direct electrical attached as Annexure [] to this Agreement. supply connection directly from DHBVN The Allottees agrees to pay any increase in or any other body responsible for supply the deposits, charges for bulk supply, of

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suitable diversity of 60%. Passive cooling Blocks AC Capacity (TR) will be done in toilets by means of per Apartment exhausting cool-air.

A & C 14

B 13

Blocks AC Capacity (TR) per Apartment D & E 18 A & C 14

B 13 The Allottee undertakes to pay at a rate to be determined by the

D & E 18 company/Maintenance Agency for the utilization of the chilled water through BTU meters installed by the Company for each The Apartment Allottee undertakes to pay apartment and further agrees to pay the at a rate to be determined by the fixed and other charges for the central air- company/ association of apartment conditioning plant(s) which may form a part allottee/ maintenance agency for the of the maintenance charges of the GHS utilization of the chilled water through Belaire or may be billed separately by the BTU meters installed by the Company for Company/the Maintenance Agency at its/ each apartment and further agrees to pay their sole discretion. the fixed and other charges for the central

air-conditioning plant(s) which may form a

part of the maintenance charges of The

Belaire or may be billed separately by the

Company/ association of the apartment

allottees/ the Maintenance Agency at its/

their sole discretion.

14.5 Payment for replacement, upgradation, Payment for replacement, up gradation, additions of Lifts, DG Sets, Electric Sub- additions of Lifts, DG Sets, Electric Sub- stations, Pumps, Fire Fighting Equipment stations, Pumps, Fire Fighting Equipment and other Capital Plants/ Equipments. and other Capital Plants/ Equipments. That as and when any Plant & Machinery As and when any plant & machinery within within the said Complex/ said Building/ the GHS Belaire, as the case may be, within Zone 8, as the case may be, including but not limited to lifts, DG sets, including but not limited to lifts, DG sets, electric sub-stations, pumps, firefighting electric sub-stations, pumps, fire fighting equipment, any other plant / equipment of equipment, any other plant/ equipment of capital nature etc. require replacement, capital nature etc. require replacement, upgradation, additions etc. the cost thereof upgradation, additions etc. the cost shall be borne by the Company till the date thereof shall be contributed by all the of handing over the maintenance of the Apartment Allottees in the said Building/ GHS Belaire to the RWA. After the RWA said Complex/ Zone 8, as the case may takes over the maintenance of the GHS be on pro-rata basis (i.e. in proportion to Belaire, all the Allottees in the GHS Belaire, the super area of the said Apartment to as the case may be on pro-rata basis as the total super area of all the Apartments specified in Clause 38, contribute towards

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specifically agrees that the use for which

the apartment is purchased shall not be

altered without obtaining prior consent in

writing from the Company and any

change in the specified use shall be

treated as a breach of this Agreement

entitling the Company to cancel the

allotment and forfeit the entire money

deposited by the Agreement Allottee.

Thereafter, the Apartment Allottee shall

not have any right title or interest in the

said Apartment applied herein.

17 Use of terraces Use of Terrace(s) The Company reserves the right to give The Allottees, to the exclusion of the on lease or hire any part of the top Company, shall have the title to the roof/terraces above the top floor, unless terrace(s) above the top floor of the otherwise reserved specifically, of any of Building(s) in the GHS Belaire and the RWA the buildings in the said Complex for formed by the Allottees shall have the right installation and operation of antenna, to use the roof top/terrace(s) above the top satellite dishes, communication towers, floor, for any purpose including installation other communication equipment or to and operation of antenna, satellite dishes, use/hire/lease the same for communication towers, other

advertisement purposes and the communication equipment.

Apartment Allottee agrees that he/ she

shall not object to the same and make

any claims on this account.

18 General compliance with respect to the General compliance with respect to the said Apartment Apartment

That the Apartment Allottee shall, after The Allottee shall, after taking possession, the expiry of period as stipulated in be solely responsible to maintain the Clause (10.2) be solely responsible to Apartment at his/her own cost, in good maintain the said Apartment at his/ her repair and condition and shall not do or own cost, in a good repair and condition suffer to be done anything in or to the and shall not do or suffer to be done Building, or the Apartment, or the anything in or to the said Building, or the staircases, lifts, common passages, said Apartment, or the staircases, lifts, corridors, circulation areas, atrium or the common passages, corridors, circulation compound which may be in violation of any areas, atrium or the compound which laws or rules of any authority or change or may be in violation of any Laws or Rules alter or make additions to the Apartment of any Authority or change or alter or and keep the Apartment, its walls and make additions to the said Apartment and partitions, sewers, drains, pipe and keep the said Apartment, its walls and appurtenances thereto or belonging thereto, partitions, sewers, drains, pipes and in good and tenantable repair and maintain appurtenances thereto or belonging the same in a fit and proper condition and

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condition and ensure that the support, jeopardized. The Allottee further

shelter etc. of the Building or pertaining to undertakes, assures and guarantees that

the Building in which the said Apartment he/she would not put any sign-board /

is located, is not in any way damaged or name-plate, neon light, publicity material or

jeopardized. The Apartment Allottee advertisement material etc. on the face /

further undertakes, assures and facade of the Building or anywhere on the

guarantees that he/she would not put any exterior of the Building or Common Areas

sign board/ name-plate, neon-light, and Facilities. The Allottees shall also not

publicity material or advertisement change the colour scheme of the outer walls

material etc. on the face/ facade of the or painting of the exterior side of the doors

Building or anywhere on the exterior of and windows etc. or carry out any change in

the Building or common areas. The the exterior elevation or design. Further the

Apartment Allottee shall also not change Allottee shall not store any hazardous or

the color scheme of the outer walls or combustible goods in the Apartment or

painting of the exterior side of the doors place any heavy material in the common

and windows etc. or carry out any change passages or staircase of the Building. The

in the exterior elevation or design. Allottee shall also not remove any wall,

Further the Apartment Allottee shall not including the outer and load bearing wall of

store any hazardous or combustible the Apartment. The Allottee shall plan and

goods in the said Apartment or place any distribute its electrical load in conformity

heavy material in the common passages with the electrical systems installed by the

or staircase of the said Building. The Company and thereafter the RWA and/or

Apartment Allottee shall also not remove maintenance agency appointed by RWA.

any wall, including load bearing wall of The non-observance of the provisions of this

the said Apartment. The Apartment clause shall entitle the RWA, to enter the

Allottee shall plan and distribute its Apartment, if necessary and remove all non-

electrical load in conformity with the conforming fittings and fixtures at the cost

electrical systems installed by the and expense of the Allottee. The Allottee

Company. The Non-observance of the shall be responsible for any loss or

provisions of this clause shall entitle the damages arising out of breach of any of the

Companyand or the maintenance agency, aforesaid conditions.

to enter the Ap[artment, if necessary and

remove the non-conforming fittings and

fixtures at the cost and expense of the

Apartment Allottee. The Apartment

Allottee shall be responsible for any loss

or damages arising out of breach of any

of the aforesaid conditions.

19 Compliance of Laws, Notifications etc. by Compliance of Laws, Notifications etc. by Apartment Allottee Allottee

The Apartment Allottee is entering into The Allottee is entering into this Agreement this Agreement for the allotment of a for the allotment of a residential Apartment residential Apartment with the full with the full knowledge of all laws, rules, knowledge of all laws, rules, regulations, regulations, notifications applicable to notifications applicable to Phase V in Phase V in general and this group housing general and this group housing project in project in particular. That the Allottee particular. That the Apartment Allottee hereby undertakes that he/she shall comply

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obligations of the parties shall be settled obligations of the Parties, shall be settled amicably by mutual discussion failing amicably by mutual discussion, failing which which the same shall be settled through the same shall be settled through arbitration. The arbitration shall be arbitration.

governed by the Arbitration & Conciliation

Act, 1996 or any statutory The arbitration proceedings shall be amendments/modifications thereof for the governed by the Arbitration and Conciliation time being in force. The arbitration Act, 1996. The arbitration proceedings shall proceedings shall be held at an be held at an appropriate location at DLF appropriate location in DLF City, City, India by a sole arbitrator, who shall be Gurgaon, Haryana by a Sole Arbitrator mutually appointed by the Parties or if who shall be appointed by the Company unable to be mutually appointed, appointed and whose decision shall be final and by the Court under the Arbitration and binding upon the Parties. The Apartment Conciliation Act, 1996. Allottee hereby confirms that he/she/it

shall have no objection to this

appointment even if the person so

appointed, as the Arbitrator, is an

employee or advocate of the Company or

is otherwise connected to the Company

and the Apartment Allottee confirms that

notwithstanding such

relationship/connection, the Apartment

Allottee shall have no doubts as to the

independence or impartiality of the said

Arbitrator. The Courts at Gurgaon alone

and the Punjab & Haryana High Court at

Chandigarh alone shall have the

jurisdiction.

32. Secretary is directed to provide a copy of this order to all concerned, besides forwarding the same to Hon'ble Competition Appellate Tribunal(COMPAT).

33. It is ordered accordingly. Sd/- Sd/- Sd/-

(H.C. Gupta) (R.Prasad) (Anurag Goel)

Member Member Member Sd/- Sd/- Sd/-

(Geeta Gouri) (M.L.Tayal) (Justice S.N.Dhingra)(Retd.)

Member Member Member Sd/-

(Ashok Chawla)

Chairperson

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