REQUEST FOR RESERVATION OF RESIDENTIAL UNIT Date: ___________ Place: ___________
GIN: __|__|__|__|__|__|__|__|__|__|__|__ CIN: __|__|__|__|__|__|__|__|__|__|__|__
1. Details of Applicant*: Name of the Applicant: Mr. /Mrs. ________________________________________________________________ First Name Middle Name Last Name
Residence Address: _________________________________________________________________________________________ _________________________________________________________________________________________ Pin: ________________ State: _______________________ Country: _______________
Office Address: _________________________________________________________________________________________ _________________________________________________________________________________________ Pin: ________________ State: _______________________ Country:_______________ Preferred address for all correspondence: Residential Status: □ Resident Indian
□ Residence
□ Office
□ Non-Resident Indian
□ Foreign National of Indian Origin
Contact Number: (M) _____________________(R) ________________ (O)__________________ E mail id
: (1) ___________________________ (2) ______________________________
PAN NO. _______________________________
Name of the Joint Applicant/s (if any): Mr. /Mrs. ________________________________________________________________ First Name Middle Name Last Name
Residence (Correspondence) Address: _________________________________________________________________________________________ _________________________________________________________________________________________ Pin: ________________ State: _______________________ Country: _______________ Residential Status: □ Resident Indian
□ Non-Resident Indian
□ Foreign National of Indian Origin
Contact Number: (M)____________________(R)________________ (O)__________________ E mail id: (1)___________________________ (2)________________________________ PAN NO._______________________________
_____________________ Signature of Applicant
______________________ Signature of Joint Applicant
2. Provisional details of Preferred Residence: Type: □ 2 Bed Residence Tower: □ Vahin
□ 3 Bed Residence
□ Vrisa
□ Other -___________
Floor: ______________ Flat No.: _________________ Carpet Area: ____________
Parking(s) Requested: _______________
Agreement Value: Rs. _____________ Rupees (In Words) _________________________________________________________________________________________ _________________________________________________________________________________________ The payments shall be made in the instalments specified in Annexure ‘A’. Upon Piramal Estates Private Limited (“the Company”) deciding to reserve the said Flat for the Applicant, the Applicant shall also pay the following amounts, in addition to the Agreement Value, at the time of handing over the possession of the said Flat: Sr. No. 1. 2. 3. 4. 5. 6. 7. 8.
Particulars of Miscellaneous Charges Share Application Charges Maintenance Charges in Advance Legal Charges Society/Condominium Formation Charges Electric & Water Connection Charges Club House Membership Charges Corpus Fund Mahanagar Gas Connection Charges
Amount (Rs.) 600 As applicable 25,000 5,000 50,000 3,00,000 2,00,000 10,000
The Applicant shall also bear and pay registration charge, stamp duty, legal charges, service tax, MVAT, TDS and other government levies and taxes to be payable both present and future, as may be applicable from time to time. Additionally, the applicant would be liable to pay installation / connection charges of electricity, water supply, piped gas, sewerage services etc. at the time of possession. Any allotment will be subject to the Terms and Conditions contained in Annexure ‘B’. Declaration by the Applicant Source of booking Channel Partner Name __________________________________________________ Signature of Channel Partner
___________________________
All the aforesaid details furnished by me/us are all true and correct. I/We have read and understood the Terms and Conditions herein contained and the same are all acceptable to me/us. I/We hereby request for reservation of the above mentioned residence (“said Flat”) in ___________ Tower in the proposed project known as Piramal Vaikunth (“said Project”) situated on the property at Balkum, Thane 400607, Mumbai (“said Property”). I/We have read and understood the specifications of the said Flat and the said Project and terms & conditions as stated in the request form and hereby give my acceptance for the same.
_____________________
______________________
Signature of Applicant
Signature of Joint Applicant Acceptance of Request for Reservation
Your Request form has been accepted for further processing and final consideration. The Company reserves the right to reject the request upon processing and refund the moneys paid by you to us without interest in accordance with the terms and conditions hereof.
_____________________ Signature of Applicant
______________________ Signature of Joint Applicant
Annexure ‘A’ Sr No 1
Milestones On Submission of Request Form for Reservation (RFR), Reservation Fees
Payment Due (%)
2
Within 21 days of RFR
3
4
Within 45 days of RFR On receiving Commencement Certificate (CC), simultaneously upon execution of Agreement for Sale
5
On initiation of foundation
5%
6
On initiation of plinth
5%
7
On initiation of 3rd slab
5%
8
On initiation of 6th slab
5%
9
On initiation of 9th slab
5%
10
On initiation of 12th slab
5%
11
On initiation of 15th slab
5%
12
On initiation of 18th slab
5%
13
On initiation of 21st slab
5%
14
On initiation of 24th slab
5%
15
On initiation of top slab
5%
16
On initiation of flooring (internal)
5%
17
On initiation of plumbing (internal)
5%
18
On possession
5%
Rs. 1,50,000 10% less Reservation Fees 9.9%
10.1%
Total
100
Notes: • • • •
•
The payment due is a percentage of Agreement Value of the said Flat applied for. The payment schedule is exclusive of registration charge, stamp duty and other government levies (including service tax, MVAT, etc.) to be payable by the Applicant at the time of agreement and/or later. The payment schedule is exclusive of other charges like clubhouse membership, advance maintenance corpus, society formation expenses, statutory deposits etc. payable at the time of possession. Payments mentioned above are exclusive of any taxes which may be levied by any appropriate authority which include but are not limited to value added tax, works contract tax, service tax, and any other tax, both present and future, as may be applicable from time to time. All payments are to be done by cheque / demand draft / pay order in favour of the Company payable at Mumbai. The Applicant shall mention his/her name and flat number applied for behind the cheque/ demand draft/ pay order. The payments made by cheque are subject to realisation.
Payment Details: Reservation Fees: Rs.____________________ Cheque No.: _____________ Favouring - “PIRAMAL ESTATES PRIVATE LIMITED – PROJECT VAIKUNTH – ESCROW ACCOUNT” Rupees (In Words): ______________________________________________________________ Drawn on: ___________________________________________________ (Bank Name) Branch Name: ________________________________________________
Date: ____|____|______
_____________________ Signature of Applicant
______________________ Signature of Joint Applicant
Annexure ‘B’ – TERMS AND CONDITIONS 1. Request Form: This Request Form constitutes an offer by the Applicant to reserve the said Flat. This request does not constitute an allotment or agreement for sale of the said Flat and does not create any claim, right, title or interest, whatsoever or howsoever, in the said Flat. The Company reserves the right to accept or reject this request, at its sole discretion, without assigning any reason whatsoever. 2. Reservation Fees: The Applicant should submit the request form along with the reservation fees towards application for reservation of said Flat. The reservation fees will be adjusted against the total consideration payable for the said Flat as per the payment schedule attached. In case this request is rejected by the Company, the reservation fees will be refunded to the applicant without any liability towards costs/ damages/ interest, etc. within 30 days from the date of rejection. In case the cheque towards reservation fees is dishonoured then the reservation will stand cancelled and no further request by the Applicant will be entertained in this regard. 3. Acceptance of Request: After scrutiny of the request form and realisation of reservation amount, the applicant will be required to make the balance payment towards the reservation as per the payment schedule attached. 4. Confirmation of Reservation: The acceptance of the request shall not constitute an allotment or agreement to sell and will only be a provisional reservation of the said Flat subject to timely payment of the Agreement Value and other charges to the Company and shall always remain so till such time a formal registered Agreement for Sale is executed by the Company in favour of the Applicant. The Applicant agrees to be bound by the terms and conditions mentioned in the Request for Reservation Letter and Letter of Intimation, if any, and execute and register an Agreement of Sale in respect of the said Flat under applicable provisions of law as and when called upon by the Company to do so. The Applicant undertakes to pay the stamp duty and registration charges and any other incidental charges, administrative charges, etc. on the relevant documents and to keep the Company indemnified in that regard. The Applicant further undertakes to sign and execute any other writings and all required forms and papers for the purpose of formation and registration of a proposed condominium or a society or a limited company or any other organisation as may be done/ executed by other applicants in the said Project. 5. Title: The Applicant(s) has satisfied himself / herself about the interest and rights of the Company in respect of the said Property on which the said Project is being constructed and has also understood all limitations and obligations in respect thereof. The Applicant(s) agrees that there will not be any further investigations or objections by him/her in this regard. 6. Plans and Specifications: The Applicant(s) fully understand that the Company has acquired the said Property for development of the said Project in accordance with the permissions which may be granted by the statutory authorities. The layout, landscaping, pathways, connectors, plans, specifications, amenities, facilities and the unit/s as shown in the various communication materials are indicative only and shall be subject to changes/variations. The Company reserves the right to change the designs, elevations, specifications, amenities, facilities, plans, etc. to meet the planning/ regulatory requirements or due to aesthetic reasons or to achieve common general requirements. However, the Applicant(s) understand and give consent that the Company may implement changes or variations in the above and in the floor areas with a tolerance of (+/-) 5%, at its sole discretion, which is deemed appropriate towards betterment of design or as may be directed by the competent authority. Further, if there is any increase or decrease in the areas of the said Flat, revised price shall be proportionately be determined by the Company and I/we will be ready to accept the changes suggested by the Company. The Applicant(s) are aware that while some of the permissions for development of the said Property have been obtained, the Company is yet to obtain certain other approvals from the concerned authorities and that development of the said Project is subject to such approvals including the Intimation of Disapproval, Building Permissions/Approvals and Commencement Certificate. 7. Schedule of payments: The Company shall inform the Applicant about the upcoming payments and its due date as per the payment plan stated in the application form. The Applicant shall make payments on or before the due date accordingly and payment within time shall be deemed to be of essence. All over-due payments shall attract interest at 15% per annum, from the dates they fall due till realization of the payment. In the event of delay in payments, the Company reserves its right to terminate the reservation of the Applicant as set out in Clause 9A.2. 8. Safeguard of exclusivity: To safeguard the exclusivity of the said Project, the Applicant shall not, without a prior written consent from the Company, let, sublet, transfer, assign or part with the possession of or interest in the said Flat reserved. The Applicant acknowledges that the Company may grant its consent for any of the above, only if the possession of the said Flat is formally handed over to the Applicant and in accordance with Clause 10 below.
_____________________ Signature of Applicant
______________________ Signature of Joint Applicant
9. Piramal Assurance: 9.1. After execution and registration of Agreement for Sale, if the Applicant is not satisfied with the progress and/or quality of construction to be put up then and in that event the Applicant shall be entitled to give a notice to the Company of his/her intention to cancel the Agreement for Sale. If the Company is satisfied that the Applicant is not interested in continuing with the Project then the Company shall accept the cancellation request made by the Applicant and shall pay to the Applicant an amount equivalent to the Fair Value (as computed hereinafter). The said amount shall be paid within 90 (ninety) days of acceptance of the cancellation request by the Company. This Piramal Assurance shall be subject to applicable law. This Piramal Assurance shall be valid only up to the date of handing over possession of the said Flat to the Applicant for fit-out purposes. This Piramal Assurance shall be applicable only if payments are made on time as per the above schedule. In addition to the aforesaid Clause 7, in the event that the payment of the aforesaid sums or any part thereof is delayed for any reason whatsoever then, notwithstanding the delayed acceptance of the said sums by the Company, with or without interest or the consequences for delayed payment being applied, the Piramal Assurance will not be available to the Applicant in relation to the said Flat or any other flat/premises applied for by the Applicant in the Project. 9.2.
Fair Value =
the Prevailing Base per Square Foot Rate in the flat of the same typology in the said Tower of the Project for that floor as increased by the floor rise and preferred location charge as is being offered by the Company at the relevant time multiplied by the Area of the Premises multiplied by 0.95 multiplied by [the Agreement Value actually paid less the amount of TDS/MVAT/Service Tax] divided by the total Agreement Value.
Prevailing Base per Square Foot Rate = the lower of (a) the base selling price per square foot as mentioned in the last agreement registered by the Company in the flat of the same typology in the said Tower of the Project or (b) the base selling price per square foot being the lower of the price as determined by at least two (2) of the following internationally reputed valuers namely Knight Frank, Jones Lang LaSalle, Cushman & Wakefield and C B Richard Ellis (“the Valuation Expert”) as shall be appointed by the Applicant at its own cost and expense. 9A. Cancellation: 9A.1. Notwithstanding anything contained hereinabove in the event that there is any delay in handing over possession of the said Flat within four (4) years from the date of the Agreement for Sale (“Delivery Date”) and the Applicant wishes to cancel the Agreement for Sale after the Delivery Date and seeks refund of his/her monies, then the amount to be paid by the Company to the Applicant will be the higher of the following two amounts (a) the total Agreement Value paid by the Applicant to the Company plus interest thereon at 9% (after deduction of TDS as applicable); or (b) an amount equivalent to the Fair Value computed in terms of Clause 9.2 (after deduction of TDS as applicable). 9A.2. Notwithstanding anything herein contained, if the Applicant wishes to withdraw or cancel the reservation, for any reason whatsoever, or commits breach of any of the terms and conditions of this Request for Reservation and/or the Agreement for Sale, the Company may reject the request or cancel the reservation and shall be entitled to terminate the Agreement for Sale by giving a written notice to the Applicant and in that event, the Company shall be entitled to deduct 10% of the Agreement Value (including the Reservation Fees) and the brokerage, if any, as Cancellation Charges from the amount paid by the Applicant. The balance amount, if any, shall be refunded to the Applicant without interest (after deduction of TDS as applicable) within 3 months from the date of the said written notice. 9A.3. In the event of withdrawal/ rejection/ cancellation as per this clause 9 and 9A, the Applicant shall not have any right or claims of any nature with regard to the said Flat and the Company shall be entitled to deal with the same in the manner as it deems proper. All amounts paid by the Applicant towards TDS, service tax, MVAT, stamp duty, registration charges and all other taxes duties and charges paid/payable upto the date of cancellation shall stand forfeited and further all statutory charges including stamp duty and registration charges, etc. payable towards cancellation of the same shall be borne by the Applicant. However, in the event that the Applicant is in a position to himself/herself obtain a refund of any such amount in accordance with the provisions of law then the Company shall not object to the same if it does not adversely affect the interest of the Company. In case of Service Tax and MVAT, the Company shall make reasonable representations to the concerned authorities for refund thereof and if any such refund is granted in the particular case of the Applicant then the same shall be refunded to the Applicant after deduction of all costs charges expenses and taxes incurred 10. Lock-in Period and Processing Charges: An Applicant is restricted to sell or transfer to a third party his interest in the said Flat and under the Request for Reservation and/or Agreement for Sale during the lock in period of 4 years from the date of Request for Reservation or till the delivery of possession, whichever is earlier. For any such transaction after the lock in period up till society formation of the said Flat, the Applicant would be required to obtain a written consent in the form of a No Objection Certification from the Company along with payment of processing charges at the rate of 4% plus applicable service tax thereof on the deal value of the resale, as a facilitation fee. The Company will have sole discretion whether to grant the NOC or not, or to grant NOC with conditions applicable. 11. Disbursal from Banks / Financial Institution: If the Applicant(s) obtains a loan from any bank or financial institution for payment of the consideration (or part thereof) in respect of the said Flat, the applicant shall solely be responsible and liable to ensure that the payment, as and when due, is made by the bank or financial institution without any objection. Any delay or default, by such institution for any reason, in disbursal of such amounts, as and when due, shall constitute a delay in payment from the applicant and will be treated as a breach of the terms of reservation / Agreement of Sale. 12. Payment of taxes and other statutory duties: In addition to the Agreement Value, the Applicant shall be responsible and liable to pay both MVAT and Service Tax as may be applicable on the transaction between the Company and the Applicant. The Applicant shall also be liable to pay
_____________________ Signature of Applicant
______________________ Signature of Joint Applicant
interest/penalty/loss incurred to the Company on account of failure/delay by the Applicant in making such payments and/or payment of any other levies, statutory charges etc. within 15(fifteen) days of being called upon to do so by the Company. The Applicant shall be liable to pay all taxes, levies, statutory charges imposed, whether at present or in the future, by appropriate authorities relating to the transaction between the Applicant and the Company, including where such amounts are charged with retrospective effect and shall be borne and paid by the applicant as per the rates applicable and circulated by the respective authority. 13. FEMA / RBI Compliance: The Applicant clearly and unequivocally confirms that in case remittances related to reservation of the said Flat are made by non-resident / foreign national of Indian origin, it shall be the sole responsibility of the Applicant to comply with the provisions of Foreign Exchange Management Act, 1999 (“FEMA”) or statutory enactments or amendments thereof and the rules and regulations of the Reserve Bank of India (“RBI”) or any other applicable law and provide the Company with such permissions, approvals, etc., which would enable the Company to fulfil its obligations under the Request for Reservation and/or Agreement for Sale. Any implications arising out of any default by the Applicant shall be the sole responsibility of the Applicant. The Company accepts no responsibility in this regard and the Applicant shall keep the Company fully indemnified for any loss or claim caused to it for any reason whatsoever in this regard. Whenever there is a change in the residential status of the Applicant, subsequent to the signing of this reservation form, it shall be the sole responsibility of the Applicant to intimate the same in writing to the Company immediately and comply with all the necessary formalities, if any, under the applicable laws. 14. Information not included in this Form: The Applicant hereby expressly admits and acknowledges that no terms, conditions, particulars or information, given by the company or its agents other than such terms, conditions and provisions as are mentioned in this application form shall form a part of this application form. The Applicant is fully conscious that it is not incumbent on the part of the Company to send him/ her reminders/ notices in respect of his/ her obligations as set out herein. 15. Floor Space Index: The residual or unutilized floor space Index (FSI)/ floor area Ratio (FAR) in respect of the said Property shall always be available to and shall always be for the benefit of the Company. In the event, additional FSI in respect of the said Property/Project or any part thereof being increased as a result of any favourable relaxation of the relevant building regulations or otherwise, at any time thereafter, the Company alone shall be entitled to the ownership and benefit of all such additional FSI for the purpose of development and/or additions to the built-up areas on the said Property/ the said Project as may be permissible. 16. Mailing Address: The Applicant(s) agree (s) to inform the Company in writing of any change in the mailing address mentioned in the Application failing which all demands, notices etc. by the Company shall be mailed to the address given in the Application and deemed to have been received by the Applicant(s). In case of joint applicants communication sent to any one of the Applicants in the Application shall be deemed to have been sent to all the Applicant(s). 17. Joint Application: The Applicant(s) declare and affirm that in case of joint applicant(s), failure to pay by any one shall be deemed as failure to pay by both and all the applicant(s) shall be treated as one single person for the purpose of this application and both shall be liable for the consequences jointly as well as severally. 18. Raising of Finance: The Applicant(s) agree (s) that the Company shall have the right to raise finance/loan from any financial institution/bank by way of mortgage/ charge/ securitization of receivables of the said Flat and creating charge on the said Property/Project subject to the said Flat being free of any encumbrances at the time of handling over of possession. The company/financial institution/bank shall always have the first lien. 19. Arbitration: All disputes and differences arising out this request shall be resolved by way of arbitration of a Sole Arbitrator to be appointed by both the parties mutually in accordance with the provisions of Arbitration and Conciliation Act, 1996 (as amended). Award given by the Arbitrator shall be binding on both the parties. Language of the arbitral proceedings shall be English. The place of Arbitration shall be Mumbai. 20. Jurisdiction: The courts in Mumbai alone shall have exclusive jurisdiction to entertain, try and dispose of all suits, applications, petitions, writs or proceedings in accordance with law. I hereby request the company for reservation of the said Flat proposed to be constructed in the said Project at Thane, Mumbai. I agree that terms and conditions mentioned herein shall be in addition to the terms and conditions of the Agreement for Sale, as the case may be. I have read and understood the specifications of the said Project and terms & conditions as stated in the request form and hereby give my acceptance for the same.
_____________________ Signature of Applicant
______________________ Signature of Joint Applicant