Allotment Letter - DLF

Dated: ______________
To,
NEW INDORE
Registered Office : 1E, Jhandewala Extension, NAAZ Complex, New Delhi-110 055.
Branch Office : DLF Homes, First Floor, Sayaji Plaza, MR-10, Vijaynagar,
Indore – 452 010, Madhya Pradesh, India.
Tel. No.: +91 731 4243500, +91 731 4413534, Fax No.: +91 731 4263950
E-mail : homes@dlfgroup.in
TOWN HOUSE ALLOTMENT LETTER
1.____________________________________
____________________________________
____________________________________
____________________________________
2.____________________________________
____________________________________
____________________________________
____________________________________
Subject : Letter for Allotment of Town House No. _______________ in Gardencity DLF New Indore.
Dear Sir/Madam,
This has reference to Application dated ________ for allotment of a town house in the Said Town House
(hereinafter defined), being developed by Company (hereinafter defined) in an arrangement with DLF
in accordance with the layout plans approved by the Director, Town & Country Planning, Madhya
Pradesh (“DTCP”) on the Said Land (hereinafter defined).
The layout plan of the Said Township (hereinafter defined), as given in Annexure-I of this Allotment
Letter may have plotted area, commercial areas and residential project areas but however, this
Allotment Letter is confined and limited in its scope only to the sale of the Said Town House
(hereinafter defined) in the Said Township. The area/boundary of the Said Land may be modified in
future to the extent as may be required/desired by the Company and/or pursuant/consequent to
any direction/approval by any competent authority.
The description and reference of the entire Said Land is given only to acquaint the Allottee with regard
to the overall development that may take place on the Said Land and that such tentative description
of the overall development plan is not intended to convey to the Allottee, any impression of any right,
title or interest and has not given any kind of representation or warranty in any of the developments
or on any land falling outside the Said Plot, specifically earmarked for the construction of the Said
Town House, which is the subject matter of this Allotment Letter.
The Allottee has inspected the Said Land on which the Said Town House shall be constructed/
developed, including the tentative layout plan, tentative location plan, ownership record of the Said
Land and all other documents relating to the title, competency and all other relevant details and
the Allottee hereby confirms that the Allottee is fully satisfied in all respect including the Company's
right, title and interest on the Said Land on which the Said Town House shall be constructed/
developed. The Allottee agrees that there shall be no further investigation or objection by Allottee in
this regard and further Allottee is fully satisfied of the competency of the Company to issue this
Allotment Letter.
1

The Allottee hereby confirms that the Allottee is signing this Allotment Letter with full knowledge of
all the laws, rules, regulations, notifications, etc., applicable to the Said Township/Said Land and
the terms and conditions contained in this Allotment Letter and the Allottee has clearly understood
its rights, duties, responsibilities, obligations under each and all of the clauses of this Allotment
Letter.
The Allottee acknowledges that the Company has readily provided all the information and
clarifications as required by Allottee but the Allottee has not relied upon and is not influenced by any
architect's plans, 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 including but not limited to any representations relating to the
description or physical condition of the said township or the Said Town House or the size or
dimensions of the Said Town House or the rooms therein or any other physical characteristics thereof,
the services to be provided to the Allottee, the estimated facilities / amenities to be made available to
the Allottee or any other data except as specifically represented in this Allotment Letter and
Application and that the Allottee has relied solely on his/her own judgment and investigation in
deciding to enter into this Allotment Letter and to purchase the Said Town House. No oral or written
representations or statements shall be considered to be a part of this Allotment Letter and that this
Allotment Letter is self contained and complete in itself in all respects
For all intents and purposes and for the purpose of the terms and conditions set out in this
Allotment Letter, singular includes plural and masculine includes feminine gender.
In this Allotment Letter, unless repugnant or contrary to the context hereof, all capitalized terms,
shall have the meanings assigned to them as mentioned in Annexure -II herein. When not
capitalized, such words shall be attributed their ordinary meaning.
In response to the Allottee's Application for Said Town House No. ____________, in the Said Township
and relying on the Allottee's confirmations, representations and assurances to faithfully abide by all
the terms, conditions and stipulations contained in this Allotment Letter, the Company hereby allots
to the Allottee the Said Town House, details of which are mentioned hereinafter on and subject to
the terms and conditions contained herein below.
Type
of
Town
House
Town
House
No.
Super
Area
of the
Said
Town
House
_______________________________________________Sq. mtr. (approx.)
_______________________________________________Sq. mtr. (approx.)
Plot
Area
_______________________________________________Sq. mtr. (approx.)
_______________________________________________Sq. mtr. (approx.)
2

1. Subject to the other terms and conditions of this Allotment Letter, the Said Town House is being
allotted to the Allottee at a Total Price (hereinafter defined) of Rs.,________________ calculated in
the manner mentioned herein below and includes the following:
Basic sale
price
Rs. ___________________________________________/-
(Rupees_______________________________________________________________________only)
PLC
(if any)
PLC (hereinafter defined)
if applicable
: Rs._______________________/-
: *@ Rs._____________/- per sq. ft./ @ Rs._____________/-
per sq. meter of the Super Area for corner Town House
aggregating to Rs.____________/-
: *@ Rs._____________/- per sq. ft./ @ Rs._____________/-
per sq. meter of the Super Area for park facing Town
House aggregating to Rs.____________/-
: *@ Rs._____________/- per sq. ft./ @ Rs._____________/-
per sq. meter of the Super Area for commercial spaces
facing Town House aggregating to Rs.________________/-
Total Price payable for the Said Town House with/without* preferential location
charge: Rs.______________/- (Rupees ______________________________________________)
*Strike whichever is not applicable.
2. The Allottee shall make the payment of the Total Price as per the payment plan set out in
Annexure III to this Allotment Letter. The Taxes and increases thereof shall be payable as
provided in clause 21 of this Allotment Letter . All other Taxes and increases as mentioned in
clause 21 and other charges as elsewhere specified in this Allotment Letter shall be payable as
and when demanded by the Company.
3. The Company may allow, in its sole discretion, a rebate for early payments of installment if
paid by the Allottee by discounting such early payment @ 11% per annum for the period by
which the respective installment is pre-poned, at any point of time The rate of rebate can be
revised by the Company in its sole discretion at any point of time without giving any notice to
the Allottee. The provision of allowing rebate may also be withdrawn any time without any notice
to Allottee
4. The Allottee agrees that a sum of Rs. ______________________________________________/-
(Rupees________________________________________________________________________________only)
towards PLC, calculated in the table contained in clause 1 is to be paid by the Allottee in the
manner and within the time as demanded by the Company. In case due to any change in the
lay-out plan of the Said Township:
a) the Said Town House ceases to be preferentially located then only the amount of PLC, paid
by the Allottee shall be refunded without any interest and such refund shall be
made/adjusted in the last installment as stated in the schedule of payments given in
Annexure III.
(b) the Said Town House becomes additionally preferentially located, the Allottee shall pay
additional PLC to the Company as applicable and in the manner as demanded by
Company.
(c) the Said Town House becomes preferentially located the Allottee shall pay PLC of the Said
Town House to the Company as applicable and as and when demanded by the Company
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The Allottee understands that in case of change in the location of the Said Town House due to
change in the layout plan of the Said Township or otherwise, the Allottee shall have no other
right or claim except as mentioned hereinabove .
5. In addition to the Total Price and other charges mentioned in the Allotment Letter, the Allottee
shall be liable to pay the following amounts towards the club facility to be provided in Said
Township .
(a) Membership Fees for 2 years of Rs.30,000/-
(b) Annual Club Charges of Rs. 7000/-
(c) Refundable Security Deposit of Rs.20,000/-
The above amounts shall be paid by the Allottee as and when demanded by the Company. The
Allottee understands that the above charges are subject to revision at the sole discretion of the
Company or the agency managing the Club and the Allottee undertakes to abide by the same.
In addition to the above, the Allottee shall be liable to pay usage charges in accordance with the
usages and services availed by the Allottee and the Allottee shall be required to sign and
execute necessary documents for the membership of the club which shall contain the detailed
terms and conditions of membership of the club and the Allottee shall be bound by the same.
After 2 years the Allottee will have the option to renew the membership on payment of such
charges and on such terms and conditions as applicable at that time.
6 The Company shall, subject to the approval by the appropriate authority construct a Portico Car
Garage (hereinafter defined) in the Said Town House and the Allottee agrees and undertakes to
pay for the same a lumpsum payment of following amounts as and when demanded by the
Company or at the time of possession
a) town house constructed on Plot Area approx.112 sq. mtr(1200 sq. ft) = Rs.1.65 lakh;
b) town house constructed on Plot Area approx. 130 sq. mtr (1400 sq ft.) = Rs.2 lakh.
The Allottee agrees that the Portico Car Garage is for the exclusive use of the Allottee and the
parking Space is inseparable and an integral part of the Said Town House. The Allottee has no
right to sell/transfer or/deal with the Portico car garage independent of the Said Town House.
The Allottee undertakes to park the vehicles in the Portiico Car Garage allotted to Allottee.
7. The Allottee agrees and understands that in addition to Total Price, the Allottee shall be liable
to pay all Taxes, which shall be charged and paid as follows:
a) A sum equivalent to the proportionate share of Taxes shall be paid by the Applicant to the
Company. The proportionate share shall be the ratio of the area of the Said Town House to
the total area of the Said Township.
b) The Company shall periodically intimate to the Allottee herein, on the basis of certificates
from a Chartered Engineer and/or a Chartered Accountant, the amount payable as stated
above which shall be final and binding on the Allottee and the Allottee shall make
payment of such amount within 30 (thirty) days of such intimation
8 The Total Price of the Said Town House includes cost of providing electric wiring and switches in
the Said Town House but it does not include the cost of electricity fittings , fixtures electric &
water meter etc. which shall be got installed by the Allottee at his/her own cost
9. The Allottee shall be liable to pay all fees, duties, expenses, costs, etc., for the execution and
registration of the Conveyance Deed (herein after defined) of the Said Town House, including but
not limited to stamp duty, registration charges, transfer duty, corporation tax and all other
incidental and legal expenses. The Allottee agrees to pay the same as and when demanded by
the Company within the stipulated period as mentioned in the demand letter. In case the
Allottee fails to pay the same so demanded within the period mentioned in the demand letter,
the Company shall have the right to cancel the allotment and forfeit the Earnest Money (herein
after defined), delayed payment interest, interest on installments paid or payable, brokerage, if
paid, etc., and refund the balance amount to the Allottee without any interest only upon
realization of money from re-sale/re-allotment of the Said Town House to any other party. The
Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp
Act 1899 and Registration Act, as amended up to the date, including any actions taken or
deficiencies/penalties imposed by the competent authorities.
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10. The Allottee agrees and undertakes to pay in addition to the Total Price
(i) EDC - As per the present rate the tentative EDC works out to be Rs. 32 per sq mtr (Rs 3
per sq ft.) of the Plot Area which shall be paid by the Allottee at the time of offer of
possession of the Said Town House or as and when demanded by the Company.
(ii)
(iii)
(iv)
IDC- Either existing or leviable in future and the Allottee shall be liable to pay the same
either directly to the concerned authorities or if paid by the Company, reimburse the
same to the Company on demand being raised by the Company
Contingency security deposit - The Allottee shall pay an adjustalbe contingency security
deposit of Rs. 54/- per sq mtr (Rs 5/- per sq ft) of the Plot Area either at the time of offer
of possession or as and when demanded by the Company, which shall be adjusted
towards EDC or IDC or any increase in EDC or IDC. Incase the Allottee fails to make the
payment of EDC or IDC or any increase in EDC / IDC in accordance with the demand
raised by the company, then the company shall have a right to adjust such amount from
adjustable contingency security deposit and the Allottee shall be liable to replenish the
same within a period of three (3) working days of demand raised by the Company, failing
which the Allottee shall be liable to pay an interest @ 7% per annum on the shortfall of
the adjustable contingency security deposit from the date of shortfall in contingency
security deposit till the date of actual payment.
In case EDC/IDC are increased by the government or any other authority and are
demanded from the Company with retrospective effect after the Conveyance Deed in
respect of the Said Town House has been executed then the Allottee shall be liable to pay
such charges either directly to the concerned authorities or if paid by the Company or
demanded from the Company, pay the same to Company on demand being raised by the
Company and such demand shall be treated as unpaid sale price of the Said Town House.
The Company shall have first charge and lien on the Said Town House to the extent of
such unpaid amount till such amount is paid to the Company. The Company shall have
unfettered right to resume the possession of the Said Town House and the Allottee shall
have no right, title and interest left in the Said Town House thereafter. The Allottee shall
not challenge such action of resumption of the Said Town House by the Company due to
default of non-payment of such enhanced EDC/ IDC on part of the Allottee.
11. The Allotee agrees that the Company shall be entitled to forfeit the Earnest Money, along with
the interest on delayed payments, interest on installments paid/payable and brokerage paid, if
any, etc in case of non- fulfillment/ breach of the terms and conditions herein contained and /
or those of the Application Letter, including but not limited to the occurrence of any event of
default as stated in clause 67 of this Allotment Letter and also in the event of failure by the
Allottee to sign and return to the Company the Allotment Letter within thirty (30) days from the
date of its dispatch by the Company.
12. The Allotee acknowledges that the Company shall provide the necessary infrastructure only
upto the feeder pillar located as per the layout approved by the Madhya Pradesh Pashcim
Kshetra Vidyut Vitaran Co. Ltd, Indore / concerned government authority. The Allottee shall
be liable to obtain electric connection of the required capacity (KW) from Madhya Pradesh
Pashcim Kshetra Vidyut Vitaran Co. Ltd, Indore/concerned government authority on payment
of all expenses including cabling from the feeder pillar onwards, meter box with meter, related
accessories, miscellaneous expenses etc. on this account.
13. It is agreed and understood by the Allottee that the Total Price of the Said Town House is
calculated on the basis of its Super Area except the charges for Portico Car Garage which are
based on fixed valuation as in clause 6 and that the Super Area as stated in this Allotment
Letter is tentative & subject to change. The final Super Area of the Said Town House shall be
confirmed by the Company only after the construction of Said Town House and development of
Said Township is complete and the occupation certificate is granted by the competent authority
(ies). The Total Price payable for the Said Town House shall be recalculated upon confirmation
by the Company of the final Super Area of the Said Town House and any increase or decrease in
the Super Area of the Said Town House may be payable or refundable, as the case may be,
without any interest, at the same per sq. feet rate without any kind of rebates allowed/payment
plan opted as mentioned in clause (1.1). If there shall be an increase in Super Area, the Town
House Allottee agrees and undertakes to pay for the increase in Super Area immediately on
demand by the Company and if there shall be a reduction in the Super Area, then the
refundable amount due to the Allottee shall be adjusted by the Company from the final
installment as set forth in the schedule of payments in Annexure III.
5

14. The Allottee shall be liable to pay all costs payable due to any increase in the Plot Area, and/or
Super Area, increase in EDC and IDC, increase in all types of cost/charges whether specifically
provided in this Allotment Letter and / or any other increase in charges which may be levied or
imposed by the Government / statutory authorities from time to time and not stated in this
Allotment Letter shall be payable by the Allottee as and when demanded by the Company.
15. The Allottee shall have the following rights with regard to the Said Town House :
i) Subject to the terms & conditions of this Allotment Letter and the execution of Conveyance
Deed, the Allottee shall get exclusive ownership of the Said Town House with the Plot Area
of Said Town House
ii)
iii)
The Allottee shall not have any right, title or interest of any kind whatsoever on any other
land(s) except the land on which the Said Town House is to be constructed and the
Company shall be free to use, develop, dispose the other land(s) in any manner it may
deem fit.
The Allottee shall not have any right, title or interest of any kind whatsoever in any
amenities and facilities except to the extent of using only such general Common Areas and
Facilities however, subject to the timely payment of Maintenance Charges.
16. All other land(s), areas, facilities and amenities including those listed below, are specifically
excluded from the scope of this Allotment Letter and the Allottee shall not be entitled to any
ownership rights, rights of usage, title or interest etc. in any form or manner whatsoever in
such land(s), areas, facilities and amenities. Such lands, areas, facilities and amenities have
not been included in the computation of Super Area for calculating the Total Price and,
therefore, the Allottee has not paid any price for use or ownership in respect of such lands,
areas, facilities and amenities. The Allottee agrees and understands that the ownership of such
lands, areas, facilities and amenities vests solely with the Company its associate/subsidiary
companies, and their usage and manner/method of use, disposal etc. shall be at the sole
discretion of the Company, its associates and subsidiaries.
i) All land(s) and any other facility or amenity, as may be provided at the sole option of the
Company or as may be provided in accordance with the directions of any competent
authority (ies) including but not limited to schools, shops, facilities, amenities etc. are
specifically excluded from the scope of this Allotment Letter and the Allottee shall not
have any right of ownership, usage or title, or interest or claims whatsoever in such
land(s), areas, facilities and amenities. The Allottee shall not have a right to claim any
rights, title or any interest in these land(s), areas, facilities and amenities as they are
specifically excluded from the scope of this Allotment Letter and are not included in the
computation of Super Area in any manner, and for which the Allottee has not made any
payment to the Company in any form or manner whatsoever and that the Allottee shall
not, at a later date, after execution of this Allotment Letter have a right to raise any claim
or dispute in respect of such land(s), areas, facilities and amenities. The Company, its
associates and its subsidiaries 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 third party by way of sale, transfer,
lease, joint venture, collaboration or any other mode including transfer to Government,
Semi-Government, or other authority, body, any person, institution, trust and/or any
local body(ies).
ii)
The Allottee understands that the Allottee has not made any payment to the Company in
any manner whatsoever with respect to any lands, buildings, common areas, facilities and
amenities, save and except the use of 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 the 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 Allottee shall have any right, title or interest of any kind whatsoever
therein. The Allottee further agrees that any such identification with respect to common
areas by the Company in its plans now or in future shall be final, conclusive and binding
on the Allottee. Further the Company has made clear to the Allottee that the Company
shall be carrying out extensive developmental/construction activities now and for many
decades in future in the entire area falling outside the Plot Area and that the Allottee shall
not have a right to raise any objection or make any claims or not to make payments in
time as stipulated in schedule of payments in Annexure -III on account of inconvenience,
if any, which may alleged to have been caused to the Allottee due to such
6

developmental/construction activities or activities incidental/related to it. It is made clear
by the Company and agreed by the Allottee that all rights including the rights of ownership
of land(s), facilities and amenities shall vest solely with the Company, its associate
companies, its subsidiary companies who shall alone have the sole and absolute authority
to deal in any manner with such land(s), facilities and amenities. This clause shall survive
throughout the ownership of the Said Town House by the Allottee, his/her legal
representatives, successors, administrators, executors, assigns etc.
17. It is further agreed by the Allottee that the Company may at its sole discretion make the Said
Land a part of any other adjacent project that has already come into existence or may be
constructed in future at any time or keep it separate as an independent estate and the Allottee
shall not have any right to raise any objection in this regard.
18.
The Allottee agrees and understands that the infrastructure for distribution of electricity supply
(upto feeder pillar only) in conformity with M.P. Electricity Supply Code – 2004, shall be
provided by DLF Garden City, Indore Pvt. Ltd., The sub-station equipments, including feeder
pillar are planned to be installed at suitable/convenient locations in the Said Township and the
point of commencement for distribution to the allottees shall be the feeder pillars. The Allottee
undertakes to pay on demand to the Company proportionate share as determined by the
Company of all deposits and charges paid/payable by the Company to Madhya Pradesh State
Electricity Board or any other body, failing which the same shall be treated as unpaid portion of
the Total Price payable by the Allottee for the Said Plot and the Conveyance of the Said Plot shall
be withheld by the Company till full payment is received by the Company from the Allottee.
Further, in case of bulk supply / generation the Allottee agrees to abide by all the terms and
conditions of sanction of bulk supply/generation including but not limited to waiver of the
Allottee’s right to apply for individual/direct electrical supply connection.
18A. The Allottee agrees and understands that the Company or its agents may at its sole discretion
and subject to such Government approvals as may be necessary; enter into an arrangement of
generating and/or supplying power to the Said Township and any other project/township which
the Company may develop in future. In such an eventuality the Allottee fully concur and confirm
that the Allottee shall have no objection to such arrangement for generating and/or supply of
power and the Allottee give complete consent to such an arrangement including it being an
exclusive source of power supply to the Said Township or to Said Town House/to the Allottee
directly and the Allottee have noted the possibility of it being to the exclusion of power supply
from MPSEB/State Electricity Boards (SEBs)/any other source. This arrangement could be
provided within the Said Township/future project/colonies by the Company or its agents
directly or through the respective association of town house owners/residents in the Said
Township. Further, Company or its agents shall have the sole right to select the site, capacity
and type of the power generating and supply equipment/plant as may be considered necessary
by the Company or its agents in its sole discretion from time to time. The said equipment/plant
may be located anywhere in or around the Said Township.
The Company or its agents shall have the right to charge tariff for providing/supplying the
power at the rate as may be fixed from time to time by the Company or the concerned authority
(ies) which may or may not be limited to the rate then charged by the MPSEB/State Electricity
Boards the Allottee shall be liable to pay the amount based on the tariff to the Company or its
agents directly or through the association of allottees respectively and for consuming the power
so supplied but shall have no ownership right, title or interest in the equipment so installed by
the Company or its agents.
The Allottee agrees to pay on pro-rata basis the cost of power supply equipment and the cost of
installation of equipment for procuring and supplying power to the Said Township as well as the
charges for electricity connection by whatever name called either directly to the concerned
authorities or if paid by the Company, reimburse the same to the Company.
Such power generating and/or supplying equipment may during its operation cause
inconvenience to the Allottee and Allottee shall have no objection to the same. The Allottee shall
be obliged to pay the consumption charges. The Allottee shall not have a right to raise any
dispute with regard to such arrangement either with regard to installation of power generating
equipment or payment of tariff at any time whatsoever. This clause shall survive the conveyance
of the Said Town House or any subsequent sale/resale or conveyancing thereof.
19. The Company either directly or through its agents, may, without being under any obligation and
subject to such Government approvals as may be necessary, enter into an arrangement of
supplying water to the Said Township and any other township which the Company may develop
7

in future from any nearest river, canal, reservoir and/or any other source or Narmada river. In
such an eventuality, the Allottee shall not raise any objection to such arrangement for procuring
and or supply of water from any nearest river, canal, reservoir and/or any other source or
Narmada river and the Allottee shall also give unconditional consent to such an arrangement
including it being a source of water supply to the Said Township or to the Said Town House
directly and the possibility of its being to the exclusion of water supply from any other Govt.
Authority/any other source. It is further clarified that this arrangement could be provided
within the future township(s) by the Company or its agents directly or through the respective
association of allottee(s).
The Company or its agents shall have the right to charge tariff & other charges for providing/
supplying the water at the rate as may be fixed from time to time by the Company or its agent,
which may or may not be limited to the rate then charged by the Govt. Authorities. The Allotee
shall have to pay the amount & other charges based on the tariff to the Company or its
agents directly or through the association of allottees respectively for consuming the water so
supplied but the Allottee shall have no ownership right, title or interest in the equipment so
installed by the Company or its agents. It is clarified to the Allottee that the equipment may
during its operation cause inconvenience to the Allottee and the Allottee shall not raise any
objection to the same. The Allottee shall not have a right to raise any dispute with regard to such
arrangement either with regard to installation of water supply equipment or payment of tariff &
other charges at any time whatsoever during the period of the Allotee's ownership and
possession of the Said Town House. This clause shall survive the execution of Conveyance Deed
of the Said Town House or any subsequent sale / resale or conveyancing thereof.
The Allottee shall be liable to pay to Company or its agents as the case may be such amounts
and other charges for the actual consumption of water so supplied to the Said Town House
based on such tariff as may be fixed by the Company or its agents in their sole discretion.
The Allottee agrees to pay on pro-rata basis the cost of water supply equipment and the cost of
installation of equipment for procuring and supplying water to the Said Township as well as the
charges for water connection by whatever name called either directly to the concerned
authorities or if paid by the Company ,reimburse the same to the Company
20. The Allottee agrees that the Company may apply and thereafter receive permission from the
Madhya Pradesh State Electricity Board or from any other body constituted by the Government
of Madhya Pradesh for purposes to receive and distribute bulk supply of electrical energy in the
Said Township, then the Allottee undertakes to pay on demand to the Company proportionate
share as determined by the Company of all deposits and charges paid/payable by the Company
to Madhya Pradesh State Electricity Board or any other body, failing which the same shall be
treated as unpaid portion of the Total Price payable by the Allottee for the Said Town House
and the Conveyance of the Said Town House shall be withheld by the Company till full
payment is received by the Company from the Allottee. Further, in case of bulk supply the
Allottee agrees to abide by all the terms and conditions of sanction of bulk supply including
but not limited to waiver of the Allottee's right to apply for individual/direct electrical supply
connection.
21 The Allottee agrees that the Allottee shall make a requisition on a prescribed format directly to
M.P. electrical supply authorities for obtaining service connection and charges thereof not
limited to security, service connection, metering and other miscellaneous charges and Allottee
confirms to bear charges for the same. The Allottee agrees and confirms to adhere to the
specified applicable acts, rules, norms of the supply authorities and the Allottee shall be liable
for any default in this regard.
The Company shall provide sewer & water connection to the Said Town House from the mains
laid serving the Said Town House
22. The Allottee agrees to pay all government rates, tax on land, municipal tax, property taxes,
wealth tax, taxes, fees or levies of all and any kind by whatever name called, whether levied or
leviable now or in future by the Government, municipal authority or any other government
authority on the Said Town House or land appurtenant thereto or as the case may be as
assessable and shall be applicable from the date of the Application. If the Said Town House is
assessed separately then the Allottee shall pay the same directly to the concerned authority
and if the Said Town House is not assessed separately and/or if the same is levied on or paid
by the Company then the same shall be borne and paid by the Allottee on pro-rata basis and
such demand shall be final and binding on the Allottee.
8

23 The Allottee has paid a sum of Rs. _______________________/- (Rupees_________________________
__________________________________________________________) being part payment towards the
Total Price at the time of Application, the receipt of which the Company does hereby
acknowledges and the Allottee agrees to pay the remaining price of the Said Town House as
prescribed in schedule of payments (Annexure-III) attached with this Allotment Letter along
with all other charges, Taxes, securities, etc., as may be demanded by the Company within the
time and in the manner specified therein or in the Application
24 The Allottee agrees and undertakes that out of the total amount(s) paid by the Allottee for the
Said Town House Rs.________________________/- (Rupees_____________________________________
__________________________________only) shall be treated as Earnest Money to ensure fulfillment
of the terms and conditions as contained in the Application and this Allotment Letter.
In the event the Allottee -
(i)
OR
(ii)
fails to perform any obligations or commit breach of any of the terms and conditions
mentioned in the Application and/or this Allotment Letter including but not limited to the
occurrence of any event of default as stated in this Allotment Letter.
fails to sign and return this Allotment Letter in original to the Company within 30 days
of the dispatch date,
then the Company shall have the right to forfeit without any notice to the Allottee the Earnest
Money together with any interest paid (in case of longer payment plan) due or payable along
with other amounts of non-refundable nature including brokerage paid by the Company to the
broker. If the amount paid by the Allottee is less than the forfeitable amount then the Allottee
undertake to make good the shortfall of the forfeitable amount. This is in addition to any other
remedy/right, which the Company may have.
25. The Allottee shall make all payments within the stipulated time as mentioned in the schedule
of payments as given in Annexure-III hereto and other charges and amounts, as may be
demanded by the Company from time to time and without any reminders from the Company
through A/c Payee Cheque(s)/Demand Draft(s) in favour of DLF Gardencity Indore Pvt. Ltd.
payable at Indore, Madhya Pradesh.
26. The Allottee shall be solely responsible for complying with the necessary formalities a laid down
in Foreign Exchange Management Act 1999 (FEMA), Reserve Bank of India Acts & Rules made
there under or any other statutory amendments/modifications, made thereof and all other
applicable laws including that of remittance of payments, acquisition, sale, transfer of
immovable property etc and provide the Company with such permissions, approvals which
would enable the Company to fulfill its obligations under this Allotment Letter. The Allottee
agrees that in the event of any failure on his/her part to comply with the applicable guidelines
issued by RBI, the Allottee alone shall be liable for any action under FEMA. The Allottee shall
keep the Company fully indemnified and harmless in this regard. The Company shall not be
responsible towards any third party making payments, remittances on behalf of any allottee and
such third party shall not have any right in this application/allotment of the Said Town House
in any way and the Company shall issue the payment receipts in favour of the Allottee only.
27. The Allottee authorizes the Company to adjust/appropriate all payments made by the Allottee
under any head of dues against outstanding heads in the Allottee's name.
28. The Allottee agrees that time is the essence with respect to payment of the Total Price by the
Allottee and other charges including but not limited to stamp duty, registration fee, IBMS and
other charges, deposits stipulated under this Allotment Letter to be paid on or before due date or
as and when demanded by the Company, as the case may be, and also to perform /observe
all other obligations of the Allottee under this Allotment Letter. The Company is not under any
obligation to send any reminders for the payments to be made by the Allottee as per schedule of
payments and for the payments to be made as per demand by the Company.
29. The Company shall have the right to effect alteration in the layout plan of the Said Township
as the Company may consider necessary or as directed by any government authority while
sanctioning the layout plans or at any time thereafter till the grant of occupation/possession
certificate. The Said Town House including the materials, and fixtures to be installed therein
shall substantially be in accordance with the specifications as given in Annexure IV. Subject,
however to the right of the Company to amend the specifications in order to substitute
materials, or fixtures of similar quality. These specifications are subject to change if so directed
9

or required by any competent authority or due to Force Majure conditions and the Allottee
hereby agrees to this condition. The Allottee agrees and understands that such alterations may
effect the Said Town House in any manner, including but not limited to change in the location of
Said Town House, change in the number of Said town House, change in plans, designs
specifications, measurement, dimension of Said Town House. In case the Said Town House is
omitted or the Company is unable to hand over possession of the Said Town House to the
Allottee for any other reasons other than those mentioned in clause 33 & 35 of this Allotment
Letter the Company shall be liable to only to refund the actual amounts received by it from the
Allottee towards the price and shall not be liable to pay any compensation or interest or other
sums whatsoever.
Due to the above alteration / modifications resulting in more than 10% change in the Super
Area (or substantial change in the sole opinion of and as determined by the Company in the
specification of the material to be used in the Said Town House) at any time prior to or upon the
grant of occupation certificate by the competent authority, the Company shall intimate the
Allottee in writing the changes thereof and the resultant change in the Super Area. The Allottee
shall be liable to deliver to the Company its written consent or objections to the change in the
Super Area within thirty (30) days from the date of dispatch of such notice by the Company,
failing which the Allottee shall be deemed to have given his/her consent to the change in the
Super Area and for payments/refunds, if any, and consequence thereof. If the Allottee's written
objection is received by the Company within thirty (30) days of intimation in writing by the
Company then the Company alone at its sole discretion may decide to cancel the allotment of
the Said Town House and/or the Company may decide not to go ahead with such alteration/
modification. In case the Company decides to cancel the allotment in such event the Company
shall refund the entire money received along with interest @ 9% per annum within ninety (90)
days from the date of objection received by the Company from the Allottee. Upon dispatch of
such refund by registered post, the Company shall be released and discharged from all its
obligations and liabilities under this Allotment Letter and the Allottee shall have no right or
claim of any nature whatsoever on the Said Town House and the Company shall be free to sell
or deal with the Said Town House in any manner whatsoever.
30. The Company based on the present plans and estimates, endeavours to complete the
construction the Said Town House within a period of 24 months from the date of receipt of the
Allotment Letter duly signed by the Allottee or within extended period of ninety (90) days
unless there shall be delay or failure due to force majeure conditions including but not limited
to reasons mentioned in clause 31 and 32 of this Allotment Letter or provided the Allottee does
not breach any of the terms & conditions of this Allotment Letter and has complied with all
provisions ,payments & documentation as prescribed by the Company.
31. The Company shall offer possession of the Said Town House to the Allottee through a written
notice after the completion of the construction thereof and the Allottee shall be liable to take
possession within 30 days from the date of issue of such notice provided the Allottee is not in
default or in breach of any of the terms and conditions of this Allotment Letter and has
complied with all the stipulations and conditions mentioned in the notice of possession.
The Allottee shall be liable to pay the Maintenance Charges from the expiry of thirty (30) days of
the date of notice of possession, irrespective of the fact whether or not the Allottee has taken
possession of the Said Town House.
32. The Allottee shall take possession of the Said Town House from the Company within the time
stipulated in the notice of possession. If the Allottee fails to take possession of the Said Town
House as aforesaid the Said Town House shall lie at the risk and cost of the Allottee and the
Company shall have no liability thereof. Further the Company may have the option to cancel
this allotment and avail the remedies as are available in law including as stipulated in clause 67
of this Allotment Letter. Without prejudice to its rights under any of the clauses of this
Allotment Letter the Company may in its sole discretion, decide to condone the delay in taking
possession of the Said Town House by the Allottee in the manner as stated in the notice of
possession on the condition that the Allottee shall pay to the Company charges @ Rs.54/- per
sq. mtr. (Re 5/- per sq. feet) of the Super Area per month for any delay of full one month or any
part thereof in taking possession of the Said Town House for the entire period of delay. The
Allottee acknowledges that the charges stipulated above are just, fair and reasonable which the
Company estimates will suffer on account of delay in taking possession of the Said Town House
by the Allottee. On such condonation and after receiving entire amount of charges together
with all other amounts due and payable under this Allotment Letter (along with due interest, if
any, thereon) the Company shall hand over the possession of the Said Town House to the
10

Allottee. For the avoidance of any doubt it is clarified that the said charges are in addition to
maintenance or any other charges/damages as provided in this Allotment Letter. Further the
Allottee agrees that in the event of his/her failure to take possession of the Said Town House
within the time stipulated by the Company in its notice, he/she shall have no right or claim in
respect of any item of work in the Said Town House which he/she may allege not to have been
carried out or completed or in respect of any design specifications, building materials or any
other reason whatsoever and the Allottee shall be deemed to have been fully satisfied in all
respects concerning construction and all other work relating to the Said Town House
33. If the possession of the Said Town House is delayed due to force majeure conditions, then the
Allottee agrees that the Company shall be entitled to extension of time for delivery of possession
of the Said Town House. The Company, as a result of such contingency arising reserves the right
to alter or vary the terms and conditions of this Allotment Letter or if the circumstances so
warrant, the Company may also suspend the development for such period as is considered
expedient the Allottee shall not have right to claim compensation of any nature whatsoever
during the period of such suspension.
The Allottee agrees and understand that in the event of the Company's abandoning the
development of the Said Land, this allotment shall stand terminated as if it has been terminated
with mutual consent then subject to the Allottee not being in default of any of the terms of this
Allotment Letter, the Company to refund the amounts (after deducting interest on delayed
payments, interest paid due or payable and any amounts of non refundable nature) that have
been received from the Allottee by the Company and the Company shall not be liable to pay any
other compensation of whatsoever nature. The Allottee agrees that the Allottee shall not have
any right, claims of whatsoever nature and the Company shall be released and discharged of
all its obligations and liabilities under this Allotment Letter.
34. The Allottee agrees that if the Company is unable to continue or complete the development, on
the Said Land due to force majeure or because of any governmental/regulatory's action or
inaction or omission then the Company may in its sole discretion challenge the same by
moving to the appropriate courts. In such a situation the amounts paid by the Allottee shall
continue to remain with the Company and the Allottee shall not have a right to terminate this
Allotment Letter and ask for refund of his/her money and this Allotment Letter shall remain
in abeyance till final determination by the courts. The Allottee may, if so desires, become a
party along with the Company in such litigation to protect Allottee's rights arising under this
Allotment Letter. In the event the Company succeeding in its challenge to the impugned
legislation or rule, regulation, order or notification, as the case may be, the Allottee agrees that
this Allotment Letter shall stand revived and the Allottee shall fulfill all obligations as provided
in this Allotment Letter.
35. If for any reason other than those as mentioned in clause 31 and force majeure the
Company fails to offer possession of the Said Town House to the Allottee in accordance with
clause 30 and 32 of this Allotment or within any extended period as envisaged under this
Allotment Letter in such case, the Allottee shall be entitled to give notice to the Company
within ninety (90) days from the expiry of such period as mentioned above for terminating this
Allotment Letter. In that event, the allotment shall stand cancelled and in that eventuality it is
stated that the Allottee shall have no other right or claim against the Company in respect of the
Said Town House. The Company shall be at liberty to sell and/or dispose of the Said Town
House to any other party at such price and upon such terms and conditions as the Company
may deem fit and thereafter the Company shall within ninety (90) days from the date of full
realization of the sale price after sale of the Said Town House refund to the Allottee, without
any interest, the amounts paid by the Allottee in respect of the Said Town House without
deduction of Earnest Money but after deduction of brokerage paid by the Company to the
broker/sales organizer in case the booking is done through a broker/sales organizer.
However, in case the Company decides not to terminate this Allotment Letter then the Company
agrees to pay to the Allottee and not to any one else and subject to the Allottee not being in
default under any term of this Allotment Letter/Application , compensation @ Rs.54/- per sq.
mtr. (Rs.5/- per sq. feet) of the Super Area of the Said Town House per month for the period of
such delay beyond above mentioned period, which both the parties agree is a reasonable
estimate of the damages that the Allottee may suffer and the Allottee agrees that it shall have no
other right whatsoever. The adjustment of such compensation shall be done only at the time of
Conveyance Deed.
11

If the Allottee fails to exercise the right of termination within the time limit as aforesaid, then the
Allottee's right to terminate this Allotment Letter shall stand waived off and the Allottee shall
continue to be bound by the provisions of this Allotment Letter.
36. The Allottee agrees that the Company shall execute a Conveyance Deed to convey the title, of the
Said Town House in favour of the Allottee only after receiving full payment of the Total Price,
other charges/payments and all deposits/securities mentioned in the Allotment Letter.
37. In order to provide necessary maintenance services, the maintenance of the Said Township may
be handed over to the association of the allottees or such other agency/ body/ company as the
Company may deem fit. The Allottee agree to execute Maintenance Agreement (draft given in
Annexure V) with the Maintenance Agency for the maintenance and upkeep of the Said
Township. The Allottee further undertake to abide by the terms and conditions of the
Maintenance Agreement and to pay promptly all the demands, bills, charges as may be raised
by the Maintenance Agency from time to time. The Company reserves the right to change,
modify, amend, and impose additional conditions in the Maintenance Agreement at the time of
its final execution. The Maintenance Charges shall become applicable/payable from the date
the Company will offer the possession of the Said Town House to the Allottee.
38. The Allottee shall have to deposit IBMS of Rs.107/- per sq mtr (Rs 10/- per sq ft) and to always
keep deposited with the Maintenance Agency
In case the Allottee fails to pay any maintenance bill then;
(a)
The Allottee shall not be entitled to avail any maintenance services and;
(b) The amount of such maintenance bills shall be adjusted from the amount of IBMS ;
If due to such adjustment the amount of IBMS falls below the agreed sum of Rs.107/- per sq.
mtr. (Rs.10/- per square ft) of the Plot Area of the Said Town House, the Allottee shall be liable
to make good the resultant shortfall within fifteen (15)days of the due date of the defaulted
maintenance bill. If the Allottee fail to pay such increase in the IBMS or to make good the
shortfall as aforesaid on or before the stipulated time of fifteen (15) days, the Company may, in
its sole discretion, treat this allotment as cancelled without any notice to the Allottee and to
adjust the shortfall from the sale proceeds of the Said Town House and to refund the balance
of the money realized from such sale after deducting therefrom the Earnest Money, interest on
delayed payments, any interest paid, due or payable and all other dues as set out in this
Allotment Letter. The Company and/or the Maintenance Agency reserves the right to increase
the IBMS from time to time keeping in view the increase in the cost of maintenance services
and the Allottee agree to pay such increases within fifteen (15) days of written demand by the
Company and/or the Maintenance Agency. It is agreed by the Allottee that this part of the
Allotment Letter relating to IBMS shall survive the conveyance of title in favour of the Allottee
and/or Company/the Maintenance Agency shall have first charge/lien on the Said Town House
in respect of any unpaid amount, 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 in full and
final settlement of the IBMS or transfer to the Maintenance Agency, after adjusting therefrom
any outstanding maintenance bills and/or other outstanding amounts at any time including
upon execution of the Conveyance Deed and thereupon the Company shall stand completely
absolved/discharged of all of its obligations and responsibilities concerning the IBMS, including
but not limited to issues of repayment, refund and/or claims, if any relating to the same. The
Maintenance Agency, upon transfer of the IBMS and/or in case fresh IBMS is sought from the
Allottee as stipulated hereinabove shall have the right to modify/revise all or any of the terms of
the Maintenance Allotment Letter, including but not limited to the amount/rate of IBMS, etc.
The Allottee has specifically agreed that the allotment of the Said Town House shall be subject
to strict compliance of a code of conduct that may be determined by the Maintenance
Agency/Company for occupation and use, operation hours of various maintenance services,
general compliance for occupants of the Said Township, regulation as to entry/exit of the
visitors, invitees, guests, security, etc.
39. The total Maintenance Charges shall be more elaborately set out in the Maintenance Agreement
(draft given in Annexure-V). The Maintenance Charges shall be levied after the expiry of 30 days
of the date of notice of possession and the Allottee shall have to pay the same promptly whether
or not possession of the Said Town House is taken by the Allottee. The Maintenance Charges
shall be recovered on such estimated basis on monthly / quarterly intervals as may be decided
12

y the Maintenance Agency and adjusted against the actual audited expenses/overhead cost
as determined at the end of every financial year and any surplus/deficit thereof shall be carried
forward and adjusted in the maintenance bills of the subsequent financial year. The estimates of
the Maintenance Agency shall be final and binding on the Allottee shall be liable to pay the
maintenance bills as per the Maintenance Charges and on or before due date as intimated by
the Maintenance Agency.
40. The Allottee agrees and understands that the Allottee's right to the use the Common Area and
Facilities are subject to timely payment of total Maintenance Charges as billed by the
Maintenance Agency and performance of all obligations of the Allottee under this Allotment
Letter and the Maintenance Agreement.
41. The Allottee agrees and understands that the draft Maintenance Agreement (Annexure V) is
attached to this Allotment Letter is only to acquaint the Allottee with some of the terms and
conditions as may be stipulated in the Maintenance Agreement as and when it is finally
executed.
The Company further reserves the right to add, alter or modify all or any of the annexures
attached to this Allotment Letter and also annexures which are indicated to be tentative at any
time prior to conveyancing of the Said Town House.
42. The Allottee shall join association/society of town house owners/residents as may be formed by
the Company on behalf of plot owners and to pay such fees, subscription charges thereof and
to complete such documentation and formalities as may be deemed necessary by the Company
for this purpose.
43. The Allottee shall not use the Said Town House for any purpose other than for residential
purpose; or use the same in a manner that may cause nuisance or annoyance to other town
house owners or residents of the Said Township; or for any commercial or illegal or immoral
purpose; or to do or cause anything to be done in or around the Said Town House which tends
to cause interference to any adjacent plot(s)/building(s) or in any manner interfere with the use
of roads or amenities available for common use. The Allottee shall indemnify the Company
against any action, damages or loss due to misuse for which the Allottee/occupant shall be
solely responsible.
44 The Allottee shall, after taking possession of the Said town House be solely responsible to
maintain the Said Town House at his/her own cost, in a good repair and condition and shall
not do or suffer to be done anything in Said Town House , or common areas , which may be in
violation of any Laws or Rules of any authority or change or alter or make additions to the Said
Town House and keep the Said Town House , its walls and partitions, sewers, drains, pipes and
appurtenances thereto or belonging thereto, in good and tenantable repair and maintain the
same in a fit and proper condition and ensure that the support, etc. of the other town houses
are not in any way damages or jeopardized. The Allottee further undertakes, assures and
guarantees that he/she would not put any sign-bard/name-plate, neon-light, publicity material
or advertisement material etc. in common areas. The Allottees shall also not change the colour
scheme of the outer walls or paintings of the exterior side of the doors and windows etc. or carry
out any change in the exterior elevation or design. Of the Said Town House Further the Allottee
shall not store any hazardous or combustible goods in the Said Town House . The Allottee shall
also not remove any wall, including the outer and load bearing wall of the Said Town House .
The Allottee shall plan and distribute its electrical load in conformity with the electrical systems
installed by the Company. The non-observance of the provisions of this clause shall entitle the
Company or the Maintenance Agency, to enter into the Said Town House, if necessary and
remove all non-conforming fittings and fixtures at the cost and expense of the Allottee. The
Allottee shall be responsible for any loss or damages arising out of breach of any of the aforesaid
conditions.
45 The Allottee is entering into this Allotment Letter for the allotment of Said Town House with the
full knowledge of all laws, rules, regulations, notifications applicable to the Said Township. The
Allottee hereby undertakes to comply with and carry out, from time to time after taking
possession of the Said Town House all the requirements, requisitions, demands and repairs
which are required by any development authority/municipal authority/Government or any other
competent authority in respect of the Said Town House at his own cost and keep the Company
indemnified, secured and harmless against all costs, consequence and all damages, arising on
account of non-compoliance with the said requirements, requisitions, demands and repairs.
46. The Company shall have the right to raise finance/loan from any financial institution/bank by
way of mortgage/charge/securitization of receivables or in any other mode or manner by
13

charge/mortgage of the Said Town House/Said Township subject to the condition that the Said
Town House shall be free from all encumbrances at the time of execution of Conveyance Deed.
The Company/financial institution/bank, as the case may be, may always have the first
lien/charge on the Said Town House for all their dues and other sums payable by the Allottee or
in respect of any loan granted to the Company for the purpose of development of the Said
Township.
47. The Allottee agrees that no lien or encumbrance shall arise against the Said Town House as a
result of this Allotment Letter or any money deposited hereunder by the Allottee. The Allottee
further agrees that the provisions of this Allotment Letter are and shall continue to be subject
and subordinate to the lien of any mortgage hereto before or hereafter made/created by the
Company and such mortgage(s) or encumbrances shall not constitute an objection to the title of
the Said Town House or excuse the Allottee for payment of the Total Price of the Said Town
House or performing its other obligations hereunder or be the basis of any claim against or
liability of Company provided that at the time of the execution of the Conveyance Deed the
Said Town House shall be free and clear of all encumbrances, lien and charges whatsoever. In
case the Allottee have opted for long term payment plan arrangement with any financial
institutions/banks the Conveyance Deed of the Said Town House in favour of the Allottee,
shall be executed only on receiving no objection certificate by the Company from such financial
institution/banks.
48. The Company shall have the first charge/lien on the Said Town House for the recovery of Total
Price, charges and deposits payable by the Allottee under this Allotment Letter and such other
payments as may be demanded by the Company from time to time in accordance with the
terms of this Allotment Letter /Application . Further, in the event of the Allottee's failure to
pay Total Price, charges and deposits as above mentioned , the Company will be entitled to
enforce the charge/lien by selling the Said Town House to recover and receive the outstanding
dues out of the sale proceeds thereof.
49. The Allottee may obtain finance from any financial institution / bank or any other source but
the Allottee's obligation to purchase the Said Town House pursuant to this Allotment Letter
shall not be contingent on the Allottee's ability or competency to obtain such financing and the
Allottee will remain bound under this Allotment Letter whether or not the Allottee have been
able to obtain financing for the purchase of the Said Town House.
50. The Allottee agrees and understand that this Allotment Letter is not assignable and the
Allottee shall have no right whatsoever to assign, transfer, nominate, add or convey the
Said Town House in any manner without the prior written consent which consent may be given
or denied by the Company in its sole discretion and shall always be subject to applicable
laws and notifications or any directions of the government in force and shall also be subject to
the terms, conditions and charges as we may impose from time to time in this regard. The
Allottee shall be solely responsible and liable for all legal, monetary or any other consequences
that may arise from such nomination/ assignment/ transfer/additional conveyance, if so
permitted by the Company at its sole discretion. In the event of Company's refusal or denial
in giving permission to the Allottee for assignment, transfer, conveyance or nomination of the
plot being allotted herein, The Allottee shall have no right to raise any dispute or claim in any
manner at any time.
If a written consent is given by the Company to the Allottee for assignment, transfer or
nomination of the Said Town House to any other person, then the same shall be subject to the
payment of the following amount:
a. For transfer between blood relations = Rs.10,000/- per transfer.
b. For transfer to any third person = Rs.20/- per sq. ft.
The Company, may in its sole discretion revise the above rates or add on any further charges or
other terms and conditions for granting the above mentioned consent and the Allottee has no
right to raise any objection in this respects.
51. The Allottee agrees that this Allotment Letter along with its Annexures and the terms and
conditions contained in the Application constitutes the entire Allotment Letter between the
parties with respect to the subject matter hereof and supersedes any and all understandings,
any other allotment letters, correspondences, arrangements whether written or oral, if any,
between the parties hereto. The terms and conditions of the Application shall continue to
prevail and be binding on the Allottee save and except in case where the terms and conditions
of the Application are at variance with the terms and conditions of this Allotment Letter in
14

which case the terms and conditions of this Allotment Letter shall prevail and shall supercede
those terms and conditions contained in the Application. This Allotment Letter or any
provision hereof cannot be orally changed, terminated or waived. Any changes or additional
provisions must be set forth in writing in a separate Allotment Letter duly signed by and
between the parties.
52. The Allottee agrees that the provisions of this Allotment Letter, Maintenance Agreement, and
those contained in other annexures are specific and applicable to the houses offered for sale in
the Said Township and the said provisions cannot be read in evidence or interpreted in any
manner in or for the purpose of any suit or proceedings before any Court(s), Commission,
Consumer Disputes Forum(s) or any other judicial forum involving any other plot(s)/project(s) of
our associates/subsidiaries, partnership firms in which we are partner or interested.
53. All the provisions contained herein and the obligations arising hereunder in respect of the Said
Town House shall equally be applicable to and enforceable against any and all occupiers,
tenants, licencees and/or subsequent purchasers/assignees of the Said Town House, as the
said obligations go along with the Said Town House for all intents and purposes.
54. Without prejudice to the rights/remedies available to the Company elsewhere in this
Allotment Letter, the Company may, at its sole option and discretion, without prejudice to its
rights as set out in this Allotment Letter, waive in writing the breach by the Allottee of not
making payments as per the schedule of payments given in Annexure III but on the condition
that the Allottee shall pay to the Company interest which shall be charged for the first ninety
(90) days after the due date @ 15 % per annum and for all periods of delay exceeding first ninety
(90) days after the due date an additional penal interest @ 18 % per annum. It is made clear
and agreed by the Allottee that exercise of discretion by the Company in the case of one
Allottee shall not be construed to be a precedent and/or binding on the Company to exercise
such discretion in the case of other allottee(s).
55. The Allottee agrees and understands that failure on the part of the Company to enforce any right
or provisions at any time or for any period of time the provisions hereof shall not be construed
to be a waiver of any provisions or of the right thereafter to enforce each and every provision.
56. The Allottee agrees and understands that if any provision of this Allotment Letter is determined
to be void or unenforceable under applicable law, such provisions shall be deemed amended or
deleted in so far as reasonably inconsistent with the purpose of this Allotment Letter and to the
extent necessary to conform to applicable law and the remaining provisions of this Allotment
Letter shall remain valid and enforceable as applicable at the time of execution of this Allotment
Letter.
57. The Allottee agrees that wherever in the Allotment Letter, the Allottee is required to make
payment in common with the other allottees in the Said Township or on prorata basis and in
proportion , the same shall be calculated in proportion on prorata basis, which the Plot
Area of the Said Town House bears to the total area of the Said Land.
58. The Allottee agrees and undertakes that the Company shall not be held responsible or liable for
not performing any of its obligations or undertakings provided in this Allotment Letter if such
performance is prevented due to force majeure reasons such as strike or due to the dispute in
our company, lockout, civil commotion or by reason of war, or enemy action or any act of God,
or if non-delivery of possession is as a result of any notice, order, rule or notification of the
Government and/or any other sanctions from public or competent authority or for any other
reason beyond our control. For any of the aforesaid events the Company shall be entitled to a
reasonable extension of time for delivery of possession of the Said Town House and for this
purpose consent of the Allottee shall not be necessary.
59. The Company shall have right to join as an affected party in any suit/complaint filed before any
appropriate court by the Allottee if the Company's rights under this Allotment Letter are likely
to be affected/prejudiced in any manner by the decision of the court on such suit/complaint.
The Allottee agree to keep the Company fully informed at all times in this regard.
60. Notwithstanding any thing contained in the Allotment Letter, the Allottee shall indemnify the
Company and its agents and representatives, estate and effects, indemnified and harmless
against any loss/liabilities or damages that the Company may suffer as a result of nonpayment,
non-observance or non-performance of any of the covenants and conditions stipulated
in this Allotment Letter.
61. The Allottee shall bear its own expenses including commission or brokerage payable by the
Allottee to any person for services rendered by such person to the Allottee whether in or outside
15

India for acquiring the Said Town House. The Company shall not be responsible or liable for
such payment, commission or brokerage nor the Allottee have the right to deduct such charges
from the Total Price and other charges payable to the Company for the Said Town House. In
accordance with terms of this Allotment Letter/Application Further, the Allottee shall indemnify
and hold the Company free and harmless from and against any or all liabilities and expenses in
this connection.
62. The Allottee agrees that the persons to whom the Said Town House is let, transferred, assigned
or given possession shall execute, acknowledge and deliver to the Company such instruments
and take such other actions, in addition to the deeds, documents, instruments and actions
specifically provided for herein, as the Company may reasonably request in order to effectuate
the provisions of this Allotment Letter or of any transaction contemplated herein or to confirm or
perfect any right to be created or transferred hereunder or pursuant to any such transaction.
63. All notices will be served on the Allottee and on Company as contemplated in this Allotment
Letter and it shall be deemed to have been duly served if sent to the Allottee or to the Company
by registered post at its respective addresses specified below:
(Address of the Allottee )
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
(Company's Address)
M/s DLF Gardencity Indore Private Limited
First Floor, Sayaji Plaza,
MR – 10, Vijaynagar,
Indore – 452 010.
AND
M/s DLF Limited
DLF Center, Sansad Marg,
New Delhj – 110 001.
It shall be the duty of the Allottee to inform the Company of any change subsequent to the
execution of this Allotment Letter in the above address by Registered Post failing which all
communications and letters posted at the above address shall be deemed to have been received
by the Allottee.
64. In case there are joint allottee(s) all communications shall be sent by the Company to the
allottee whose name appears first and at the address given by the Allottee which shall for all
intents and purposes be considered as properly served on all of the Allottee.
65. The Company reserve the right to transfer ownership of the Said Township in whole or in parts
to any other entity such as partnership firm, body corporate (s) whether incorporated or not,
association or agency by way of sale / disposal / or any other arrangement as may be decided by
the Company in its sole discretion and the Allottee shall not raise any objection in this
regard.
66 It is clarified that the rights and obligations of the parties under or arising out of this Allotment
Letter shall be construed and enforced in accordance with the laws of India.
67. The Allottee agrees and understands that all defaults, breaches and/or non-compliance of any
of the terms and conditions of this Allotment Letter shall be deemed to be events of defaults
liable for consequences stipulated herein below. Some of the indicative events of defaults are
mentioned below which are merely illustrative and are not exhaustive.
i) Failure to make payments of the Total Price as mentioned within the time as stipulated in
the schedule of payments as given in Annexure III or other charges as demanded by the
Company in accordance with this terms & conditions Allotment Letter and/or Application
16

ii)
Failure to perform and observe any or all of obligations the Allottee as set forth in this
Allotment Letter or if the Allottee fail to execute Conveyance Deed/any other deed/
document/undertakings/indemnities/Maintenance Agreement etc. or to perform any other
obligation set forth in any other Agreement with the Company in relation to the Said Town
House.
iii) Failure to take possession of the Said Town House within the time stipulated by the
Company in its notice.
iv)
Failure to become a member of the association of plot owners/residents of the Said
Township or to pay subscription charges etc. as may be required by the Company or
association of plot owners, as the case may be.
v) Assignment of this Allotment Letter or any of the Allottee's interest in this Allotment Letter
without prior written consent of the Company.
vi)
vii)
Dishonour of any cheque(s) given by the Allottee for any reason whatsoever.
Any other acts, deeds or things which the Allottee may commit, omit or fail to perform in
terms of this Allotment Letter.
viii) Failure to execute Maintenance Agreement and/or to pay on or before its due date the
Maintenance Charges, maintenance security deposits,IBMS deposits/charges for bulk
supply of electrical energy or any increases in respect thereof, as demanded by the
Company, its nominee, other Body or association of town houses, as the case may be.
ix)
Sale/transfer/disposal of/dealing with, in any manner of the Portico Car Garage
independent of the Said Town House or usage of the Portico Car Garage other than for
parking his/her vehicle.
Unless otherwise provided in this Allotment Letter, upon the occurrence of any one or more of
event(s) of default under this Allotment Letter including but not limited to those specified above,
the Company may, in its sole discretion decide to cancel allotment of the Said Town House. If
the Company elect to cancel this allotment, the 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. If the default is not rectified within such thirty (30) days, this Allotment Letter shall
stand cancelled without any further notice or intimation and the Company shall have the right
to retain Earnest Money along with the interest on delayed payments, any interest paid, due or
payable, any other amount of a non-refundable nature. The Allottee acknowledges that upon
such cancellation of this Allotment Letter, the Allottee shall have no right or interest on the Said
Town House and the Company shall be discharged of all its liabilities and obligations under
this Allotment Letter and the Company shall have the right to sell or deal with the Said Town
House in the manner in which it may deem fit as if this Allotment Letter had never been
executed. The refund, if any, shall be refunded by the Company by registered post only after
realizing amounts from further sale/resale to any other party and without any interest or
compensation whatsoever to the Allottee. This will be without prejudice to any other remedies
and rights of the Company to claim other liquidated damages which the Company might have
suffered due to such breach committed by the Allottee.
68. All or any disputes arising out of or relating to or concerning or touching this Allotment Letter
including the interpretation and validity of the terms thereof and the respective rights and
obligations of the parties shall be settled through arbitration. The arbitration shall be
governed by the Arbitration & Conciliation Act, 1996 or any statutory
amendments/modifications thereof for the time being in force. The arbitration proceedings
shall be held at an appropriate location in Indore by a sole arbitrator who shall be appointed by
the Managing Director of the Company and whose award shall be final and binding upon the
parties. the Allottee hereby confirms to have no objection to this appointment even if the
person so appointed, as the sole Arbitrator, is our employee or advocate or is otherwise
connected to the Company and the Allottee confirm that notwithstanding such relationship/
connection, The Allottee shall have no doubts as to the independence or impartiality of the
said sole Arbitrator. The Courts at Indore alone shall have the jurisdiction.
Please note that two copies of this Allotment Letter are being sent to the Allottee on this
__________ day of _______________ 2008, which the Allottee are advised to read thoroughly and if
the terms and conditions contained herein are acceptable to the Allottee then sign,
acknowledge and return back one copy to the Company up to ________ day of ____________
17

2008, as a token of the Allottee's acceptance of it. One copy of this Allotment Letter may be
retained by the Allottee.
Thanking You
Yours Faithfully
FOR DLF GARDENCITY INDORE PRIVATE LIMITED
(Authorised Signatory)
(Mr._________________________________________ S/o __________________________________________)
Acknowledgement
I / We hereby accept the allotment on the terms and conditions mentioned hereinabove.
(________________________)
Allottee(s)
(________________________)
Allottee(s)
SIGNED, ACKNOWLEDGED AND ACCEPTED ON THIS ____________ DAY OF _________________, 2008
IN THE PRESENCE OF FOLLOWING WITNESSES:
WITNESSES NAME AND ADDRESS:
WITNESSES SIGNATURES
1.____________________________________
____________________________________
____________________________________
____________________________________
2.____________________________________
____________________________________
____________________________________
____________________________________
18

ANNEXURE - I
PROPOSED TENTATIVE LAY OUT PLAN OF GARDENCITY , DLF , NEW INDORE
19

ANNEXURE - I
PROPOSED TENTATIVE LAY OUT PLAN OF GARDENCITY , DLF , NEW INDORE
20

ANNEXURE - II
“Additional PLC” means the charges for additional preferential location of the Said Town House
chargeable on the basis of Super Area of the Said Town House .
“Allotment Letter” shall mean this town house allotment letter.
“Allottee” shall mean the plot allottee(s) of the Said Town House whose particulars are set out in
this Allotment Letter and who have appended their signatures and acknowledgement of having
agreed to the terms and conditions of this Allotment Letter.
“Application” shall mean the Application No.________ for allotment of town house dated__________
made by the Allottee to the Company for allotment of Said Town House.
“Common Areas & Facilities” means such common areas and facilities within the Said Township
earmarked by the Company for common use of all allottee(s), limited to and precisely listed in
Annexure VI.
“Company” shall mean and include the DLF Gardencity Indore Pvt. Limited, and/or its subsidiaries
/affiliates/holding companies/sister companies/DLF Home Developers Limited which expression
shall, unless repugnant to the context or meaning thereof, include its successors, assigns, affiliates
and sister concerns.
“Conveyance Deed” means the deed of conveyance conveying the Said Town House in favour of the
Allottee.
“DLF” means M/s DLF Limited, a Company incorporated under the Companies Act, 1956, having
its registered office at DLF Center, Sansad Marg, New Delhi – 110 001 including its successors and
assigns)
“Earnest Money” shall mean the amount of Rs._______________________ lacs deposited with the
Application as booking amount.
“EDC” means the external development charges for the external development services provided by
the Madhya Pradesh Government which shall be charged additionally. As per the present rate laid
down by the Madhya Pradesh Government the tentative charges works out to be Rs. 3 per sq. ft.
(Rs. Three per sq. ft.)/Rs. 32 per sq. meter (Rs. Thirty two per sq. meter) of the Plot Area to be paid
by the Allottee at the time of offer of possession or as and when demanded by the Company and also
includes any additional extra development charges demanded by the Company.
“IDC” means the infrastructure development charges which the Government of Madhya Pradesh or
any other authority may impose/ levy by whatever name called on prescribed basis with a view to
recover the cost of State/ National Highways, transport, irrigation facility, power and water
facilities, additional levy (ies), fees, cesses, charges etc. and which is to be paid by the Allottee as
and when demanded by the Company and which is calculated from the date of the Application.
“IBMS” means the interest bearing maintenance security for the maintenance and upkeep of the
Said Township to be paid as per the payment plan to the Company or the Maintenance Agency @ Rs
10/- per sq. ft. ( Rs. Ten per sq. ft) / @ Rs.107 per sq. meter (Rs. One hundred seven per sq. meter)
of the Plot Area of the Said Town House, carrying a simple yearly interest as per the applicable rates
on fixed deposits accepted by State Bank of India or the prime lending rate of State Bank of India of
st
a term of one year, whichever is lower at the close of each financial year on 31 March.
“Maintenance Agency” means association of allottee(s) or such other agency/ body/ Company to
whom the maintenance of the Said Township is handed over by the Company and who shall be
responsible for providing the maintenance services within the Said Township.
“Maintenance Agreement” means maintenance agreement to be executed by the Allottee with
the Maintenance Agency draft of which is contained in Annexure V
“Maintenance Charges” has the meaning ascribed to it in the Maintenance Agreement contained
in Annexure V of this Allotment Letter.
“Portico Car Garage” means covered car parking space to be constructed in the Said Town House .
“Plot Area” means area of plot admeasuring _________ sq. mtr/______sq. feet on which Said Town
House will be constructed .
21

“PLC” means the charges for the preferential location of the Said Town House calculated on per sq.
mtrs/sq. feet basis of the Plot Area as stated in the table contained in clause -1 of this Allotment
Letter and also include Additional PLC on the Said Town House being additionally preferentially
located charges due to change in the layout or otherwise calculated on per sq. mtrs. basis of the
Plot Area.
“Said Land” means land admeasuring area 82.64 Acres, situated at village Mangliya, AB By-pass
Road, Indore, Madhya Pradesh, India, earmarked for the development of Said Township.
“Said Town House” means the specific Town House allotted to the Allottee details of which are set
out in this Allotment Letter or any other alternative Town House which may be allotted in lieu of
the Said Town House the tentative typical floor plan/tentative layoutplan(s)/is given in Annexure-
VII and tentative specifications of the same is given in Annexure-iV
“Said Township” means township namely “Gardencity DLF New Indore”, being developed by
Company in an arrangement with DLF in accordance with the layout plans approved by the
Director, Town & Country Planning, Madhya Pradesh (“DTCP”) on the Said Land
“Super Area” means as defined in Annexure -VIII
“Taxes” means any and all taxes paid or payable by the Company and/or contractors by way of
value added tax, state sales tax, central sales tax, works contract tax, service tax and education cess
and any other taxes by whatever name called in connection with the development of the Said
Township, now or in future.
“Total Price” means sale price of the Said Town House inclusive of the preferential location
charges, if the Town House is preferentially located, EDC and the cost of providing electric wiring
and switches in the Said Town House. The total price does not include other amounts, charges,
security amount etc., payable as per the terms of the Allotment Letter including:
(i)
ii)
iii)
iv)
IBMS @ Rs 10/- per sq. ft. (Rs. Ten per sq. ft)/@ Rs.107 per sq. meter (Rs. One hundred seven
per sq. meter) of the Plot Area which shall be deposited by the Allottee with the Company.
Stamp duty, registration and incidental charges as well as expenses for execution of the
Allotment Letter and sale deed etc. which shall be borne and paid by the Allottee.
Taxes:
The Maintenance Charges, Additional PLC, property tax, municipal tax on the Said Town
House and IDC, EDC and any additional EDC, IDC, municipal tax, wealth tax, government
rates tax on land, fees or levies of all and any kinds by whatever name called on the Said
Township.
v) The cost of electricity including electric fittings, fixtures, geysers, and electric meter and its
service connection. The cost for installation of the equipment for procuring and supplying
water as well as the charges for water connection.
vi)
vii)
The charges for the Portico Car Garage as mentioned in clause 5 which shall be payable by the
Allottee as and when demanded by the Company.
The club charges and any other charges that may be payable by the Allottee as per the
Allotment Letter and as on demanded by the Company.
which amount shall be payable by the Allottee in accordance with terms and conditions of the
Application/Allotment Letter and/or as per demand raised by the Company from time to time
22

ANNEXURE - III
SCHEDULE OF PAYMENT
PRICE LIST – TOWN HOUSES
Unit Price of Town House
As applicable.
Down Payment Rebate 8%
Preferential Location Charges
As applicable
Interest Bearing Maintenance Security (IBMS) As applicable
Portico / Garage (compulsory)
As applicable
On Application of Booking
DOWN PAYMENT PLAN
Rs. 3,50,000.00 (Super Area 1815 sq ft)
Rs. 4,00,000.00 (Super Area 2100 sq ft)
Within 30 days of Booking 95% of Sales Price Less: a) Booking Amount
b) Down Payment Rebate
At the time of Possession 5% of Sales Price + IBMS + Portico / Car garage +
other charges (Including External Development
Charges) Refer point no. 3,5,6 & 7.
TIME BOUND INTEREST-FREE INSTALLMENT PAYMENT PLAN
On Application of Booking
Within 30 days of Booking
Within 3 months of Booking
Within 6 months of Booking
Within 9 months of Booking
Within 12 months of Booking
Within 15 months of Booking
Within 18 months of Booking
Within 21 months of Booking
At the time of Possession
Sale Price
Rs. 3,50,000.00 (Super Area 1815 sq ft)
Rs. 4,00,000.00 (Super Area 2100 sq ft)
15% of Sales Price less booking amount.
15% of Sales Price
15% of Sales Price
10% of Sales Price
10% of Sales Price
10% of Sales Price
10% of Sales Price
10% of Sales Price
5% of Sales Price + IBMS + Portico / Car garage + other
charges (Including External Development Charges)
Refer point no. 3,5,6 & 7.
Unit Price multiplied by super area of the Town
House + Preferential Location Charges.
23

ANNEXURE - IV
TENTATIVE SPECIFICATIONS OF TOWN HOUSE
Living / Lobby / Dining / Passage
Floor
Indian marble / Vitrified Tiles
Walls
Oil Bound Distemper
Ceiling
Oil Bound Distemper
Bedrooms
Floor
Walls
Ceiling
Laminated Wooden Flooring / Vitrified Tile Flooring
Oil Bound Distemper
Oil Bound Distemper
Kitchen
Floor
Walls
Counter
Fitting / Fixtures
Ceiling
Marble / Stone / Vitrified Tiles (Anti-skid)
Ceramic Tiles up to 2'-0" above counter and Oil Bound Distemper
Marble
Double bowl SS sink (Jaquar, Gem or equivalent brands) for CP fittings,
Exhaust fan
Oil Bound Distemper
Balcony
Floor
Ceiling
Combination of one or more of Anti-skid Vitrified Tiles / Stone / Mosaic
Exterior paint
Toilets
Floor
Walls
Combination of one or more of Anti-skid Ceramic Tiles / Marble / Stone
(Marble in bathing area)
Combination of one or more of Ceramic Tiles / Mirror / Oil Bound
Distemper
Others
Sanitary ware /
CP Fitting
Doors
Electricals
Windows
Parryware / Hindware or equivalent brands for the sanitary ware and
Jaquar / Gem or equivalent brands for CP fittings Conventional fittings
and WC in servant's toilet
Polished / Painted Hardwood Frame with Polished / Painted Moulded
Skin Door/ Flush Shutters
Modular Switches ( MK / Northwest / Clipsal / Crabtree or equivalent
make ) PVC conduiting and copper wiring
Powder-coated Aluminium Glazings
DISCLAIMER: Brands and makes are indicative and will be of equivalent make and quality as per
availability. Marble and granite being natural materials have inherent characteristics of colour and
grain variations. In case of non- availability of imported laminated/ imported marble flooring
material, equivalent quality Indian substitute will be used.
24

ANNEXURE - V
This Draft Maintenance Agreement is tentative and the Company reserves the sole right at the time
of final execution of the Maintenance Agreement to amend/change/modify the terms and conditions
contained in the Draft Maintenance Agreement as the Company may in its sole discretion deem fit.
The present Draft of Maintenance Agreement needs to be signed by the Allottee to indicate his/her
consent to the terms and conditions as contained herein.
MAINTENANCE AGREEMENT
This Agreement is made on this day______ of______,200___ at________.
AMONGST
1) _____________., a Company registered under the Companies Act, 1956 having its registered office
at ________________ and head office at _______________________ (hereinafter referred to as the
“Company”, which expression shall, unless repugnant to the context or meaning thereof, be deemed
to mean and include its successors and assigns) through its authorised signatory Shri
___________________, of the First Part;
AND
3)_____________________________________________a Company incorporated under the Companies Act,
1956/association having its registered office/place of business at _________________________________
___________________ (hereinafter referred to as the “Maintenance Agency”, which expression shall,
unless repugnant to the context or meaning thereof, be deemed to mean and include its successors
and assigns), through its authorised signatory, Shri ______________ of the Third Part.
AND
4) 1. Shri/Smt._____________________________________________________________________________
Son/Daughter/Wife of Shri_____________________________________________________________
Resident of ____________________________________________________________________________
_______________________________________________________________________________________
*2. Shri/Smt._____________________________________________________________________________
Son/Daughter/Wife of Shri_____________________________________________________________
Resident of ____________________________________________________________________________
_________________________________________________________________________________________
(* to be filled up in case of joint purchasers)
(Hereinafter singly/jointly, as the case may be, referred to as the “User” which expression shall,
unless repugnant to the context or meaning thereof, include his/her heirs, executors,
administrators, legal representatives and successors) of the Fourth Part;
OR
** M/s. ______________________________ a partnership firm duly registered under the Indian
Partnership Act, 1932 (hereinafter referred to as “the User” which expression shall, unless
repugnant to the context or meaning thereof, include all the partners of the partnership firm and
their heirs, legal representatives, administrators, executors and successors ) of the Third Part
25

acting through its partner authorised by resolution dated______________ Shri/Smt. _________________
________________________________________________________.
OR
** ______________________________ a Company registered under the Companies Act, 1956, having its
registered office at ________________________________________________________________________________
and Corporate Identification Number _______________ (hereinafter referred to as “the User” which
expression shall, unless repugnant to the context or meaning thereof, include its successors and
assigns) of the Third Part acting through its duly authorised signatory Shri/Smt. __________________
___________________________________________________________________ authorised by Board resolution
dated______________________.
**Strike out whichever is not applicable
WHEREAS the Company has issued Allotment Letter in respect of allotment of Said Town House to
User in the Said Township and User has taken possession / is in process of taking possession.
AND WHEREAS the Allotment Letter contained a stipulation for the provision of the Maintenance
Services by the Company/Maintenance Agency on the payment of charges thereof by the User.
AND WHEREAS the User has, in accordance with the Allotment Letter , deposited / in the process of
depositing IBMS with the Company/ Maintenance Agency.
AND WHEREAS the Company/ User wants the Common Areas and Facilities and services to be
maintained by the Maintenance Agency and the Maintenance Agency is agreeable to maintain the
Common Areas, facilities and services on the terms and conditions contained hereinafter.
AND WHEREAS the Company has handed over the maintenance of the assets and equipments
installed for providing Maintenance Services within the Said Township and the Common Areas and
Facilities situated within the Said Complex and the Said Building to the Maintenance Agency for the
Maintenance Services.
AND WHEREAS on the User's undertaking to abide by the terms and conditions of this Agreement
and subject to the other terms and conditions of this Agreement, the Maintenance Agency has
agreed to provide the Maintenance Services.
NOW, THEREFORE, THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED AND
DECLARED BY AND AMONGST THE PARTIES HERETO AS FOLLOWS:
Definitions and Interpretation:
In this Agreement, the following words and expressions when capitalized shall have the meaning
assigned herein. When not capitalized, such words and expressions shall be attributed their
ordinary meaning.
“Agreement” shall mean this maintenance agreement along with all the annexures and schedules
attached thereto;
“Allotment Letter” shall mean letter dated [____] in respect of allotment of Said Plot in the Said
Township to the User ;
“Common Areas and Facilities” shall mean such common areas and facilities within the Said
Township which are earmarked for common use by the residents/occupants of the Said Plot /Said
Township including items as mentioned in Annexure I.
“IBMS” means the interest bearing maintenance security for the maintenance and upkeep of the
Said Township to be paid as per the payment plan to the Company or the Maintenance Agency @
Rs 10/- per sq. ft. (Rs. Ten per sq. ft)/@ Rs.107 per sq. meter (Rs. One hundred seven per sq. meter)
of the Plot Area of the Said Town House, carrying a simple yearly interest as per the applicable rates
on fixed deposits accepted by State Bank of India or the prime lending rate of State Bank of India of
st
a term of one year, whichever is lower at the close of each financial year on 31 March.
“Initial Period” shall mean ten (10) years.
“Maintenance Charges” shall mean the charges payable by the User to the Maintenance Agency for
the Maintenance Services but this does not include the charges for actual consumption of utilities
including but not limited to electricity, water, concierge charges which shall be charged on monthly
basis as per actual consumption/ usage and also does not include any statutory payments/taxes
with regard to Said Plot / Said Township The maintenance charges will be calculated on the basis of
26

actual cost of Maintenance Services + 20% as overhead costs. The maintenance charges with
respect to the Said Plot will be computed as under:
(Total cost of Maintenance Services/ Total plot area of all the plots) X The Plot Area of the Said Plot
“Maintenance Services” shall mean such services for the maintenance of common areas and
facilities and for providing utilities including but not limited to as specified under clause 1 hereof, to
be rendered by the Maintenance Agency.
“Said Town House” means the specific Town House allotted to the Allottee details of which are set
out in this Allotment Letter or any other alternative Town House which may be allotted in lieu of
the Said Town House
“Said Township” means township namely “Gardencity DLF New Indore”, being developed by
Company in an arrangement with DLF in accordance with the layout plans approved by the
Director, Town & Country Planning, Madhya Pradesh (“DTCP”) on the land admeasuring area
82.64 Acres or thereabout, situated at village Mangliya, AB Bye Pass Road, Indore,
For all intents and purposes and for the purpose of the terms and conditions set out in this
Application, singular includes plural and masculine includes feminine gender.
1. MAINTENANCE SERVICES AND THEIR SCOPE:
Subject to the terms and conditions of this Agreement and the User's compliance of the terms
of the Allotment Letter /conveyance deed executed by the Company of the Said Town House
and payment of the Maintenance Charges, the Maintenance Agency shall ensure provision of
the Maintenance Services in accordance with this Agreement during the term of this
Agreement.
The Maintenance Services shall include the following :
(i) Maintenance of the Common Areas and Facilities as specified in Annexure I,
(ii)
(iii)
(iv)
(v)
(vii)
Maintenance of open spaces ,compound wall, landscaping, roads, paths and such other
spaces within the boundary wall of the Said Township and the outer area(s) adjacent to
the boundary wall, including maintenance of equipment for providing utilities;
Operation and Maintenance of electrification equipments and ancillaries installed within
the Said Township under bulk electric supply scheme or otherwise , power back-up if
any and sub-stations connected with supply of electrical energy and equipments
installed in the Said Township for filtration, water supply, sewerage, sewage treatment
plant, water treatment plant in the Said Township
Security services for the Said Township
Repairing, renewing or replacing any component, structure etc., falling within or not in
the Common Areas and Facilities, as the Maintenance Agency may deem fit.
Provide such other maintenance services ,as the Maintenance Agency may deem fit with
regard to the maintenance of the Said Township.
For the avoidance of doubt, it is clarified that Maintenance Agency may add , withhold or vary
any of the Maintenance Services if the Maintenance Agency considers the addition,
withholding or variation of such services to be necessary or desirable for the upkeep and
maintenance of the Said Township or part thereof which may have the effect of increase, or if
so required by lawful authority, in the Maintenance Charges.
2. MAINTENANCE CHARGES:
The User agrees and undertakes to pay, on quarterly basis, the Maintenance Charges in
advance, as per the bills raised by the Maintenance Agency in this regard, at the beginning of
every quarter. The User understands that as per the Allotment Letter the User shall be liable to
pay the Maintenance Charges from the expiry of thirty (30) days of the date of notice of
possession, irrespective of the fact whether or not the Allottee has taken possession of the Said
Town House.
At the end of each financial year, Maintenance Agency shall get its account audited and the
27

expenses incurred would form basis of estimate for billing in the subsequent financial year. If
there shall be any surplus/deficit arising at the end of the financial year after audit, the same
shall be adjusted in the bills raised in the subsequent financial year in a manner that the
amount may be refunded/recovered from subsequent bills to the User.
The basis for the Maintenance Charges to be billed to the User shall be as under:
i) The Maintenance Charges shall be calculated by taking into account the entire cost
incurred by the Maintenance Agency for rendering total services and the bills for the
same shall be raised quarterly in advance.
ii)
The Maintenance Agency shall also bill the charges relating to the operation and
maintenance of various services in Said Township in which the Said Town House is
located.
The Maintenance Agency reserve its right to increase , revise , modify charges , including
method/basis of levying ,maintenance charges
3. PROCEDURE OF BILLING AND PAYMENT:
i) The Maintenance Agency shall, at the beginning of each quarter, raise the bill for
Maintenance Charges as mentioned in clause 2 on the User. The User undertakes to
pay the entire amount of Maintenance Charges as stated in the bill on or before the due
date specified. No part payment shall be accepted and even if the Maintenance Agency
accepts it, the same shall, nevertheless constitute default by the User.
iii)
iv)
All payments shall be made by the User through Crossed Cheque/ Demand Draft only,
drawn in favour of the Maintenance Agency payable at Indore and shall be deemed to
have been paid only when the amounts are credited to the accounts of the Maintenance
Agency .
In the event of delay/default by the User in payment of the Maintenance Charges/
utilities bills by the due date mentioned in the bills, the Maintenance Agency shall
have the right to adjust the unpaid amount, in the first instance from IBMS
v) In case due to the aforesaid adjustment, the amount of IBMS falls below the required
amount, then the User shall be liable to make good such short fall within fifteen (15)
days failing which the User shall be liable to pay interest @ 18% p.a. on the unpaid
amount for the period of delay in payment after the due date. If the User defaults in
making the shortfall within a further period of fifteen (15) days, the Maintenance
Agency shall have the right to withhold/ discontinue the Maintenance Services/
utilities for the Said Town House, at any time, without any further notice.
vi)
vii)
viii)
ix)
Notwithstanding anything contained herein, the Maintenance Agency shall have the
first charge on the Said Town House for the recovery of the aforesaid unpaid amounts
(including interest thereon).
Without prejudice to the right to the Maintenance Agency to recover the Maintenance
Charges/ utilities bills in the aforesaid manner and to charge interest for the period of
delay, the unpaid bill shall be deemed to be a notice to the User to the effect that if
the amounts stated in the bill is not paid by the due date, the Maintenance Agency
shall have the right to discontinue the provision of Maintenance Services/utilities/to
run and operate the equipments of utilities to the User till the date of payment of the
unpaid amount along with interest.
All returned/dishonoured cheques shall be subject to legal action under the provisions
of Negotiable Instrument Act, 1881 or any modification thereof apart from civil action
for recovery of the amount. The Maintenance Agency shall be entitled to recover bank
charges in addition to bill amount, interest at the rate of 18% p.a. and other charges as
provided in this Agreement in case of dishonoured cheques.
The payment of bill shall not be held up/ delayed even if there are any differences or
disputes as to its accuracy. Any such difference or disputes regarding accuracy of the
bill shall be separately settled as provided in Clause 7 of this Agreement.
Notwithstanding any clause of this Agreement, the liability of the Maintenance Agency
to provide Maintenance Services is conditional on the Maintenance Agency getting the
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Maintenance Charges/ utilities bills within the stipulated time from all the users, in no
event less than 75-80% of the actual users. In the event there is a default by more than
20-25% of the town house owners to pay the Maintenance Charges/ utility bills the
Maintenance Agency shall not be obliged to provide any Maintenance Services and /or
run or operate the utilities equipments to any of the town house owners till the date the
unpaid amounts are received, irrespective of the Maintenance Charges paid by any
town house owner.
4. USER'S OBLIGATIONS:
(i)
(ii)
(iii)
(iv)
(v)
The User undertakes to comply with the provisions of this Agreement.
The User further agrees that the User's right to use the Common Areas and Facilities,
shall be subject to regular and prompt payment of Maintenance Charges as billed by
the Maintenance Agency. In case of failure to do the same, the User shall lose the right
to use any of the Common Areas and Facilities and to obtain the supply of utilities and
other services , the Maintenance Agency shall have the right to recover the amounts
due as per law.
The User shall be responsible for insuring the contents within the Said Town House at
the User's own cost, risk and responsibility.
The User shall maintain the Said Plot/construction raised thereon at the User's own
cost, in a good repair and condition and shall not do or suffer to be done anything in or
to the Said Town House, plot on which Said Town House is contracted or to the Said
Township, or to the Common Areas and Facilities which may constitute violation of any
law or rules of any authority or cause detriment to occupants of the Said Township or
change or alter or make additions to the Said Town House and keep the Said Town
House, plot on which Said Town House is constructed sewers, drains, pipes and
appurtenances thereto or belonging thereto, in good and tenantable repair and
maintain the same in a fit and proper condition The User shall not store any hazardous
or combustible goods on the Said Town House/plot on which Said Town House is
constructed or place any heavy material in the Common Areas and Facilities including
the common passages of the Said Township. The User shall plan and distribute the
User's electrical load in conformity with the electrical systems installed by the
Company. The non-observance of the provisions of this clause shall entitle the
Maintenance Agency, without prejudice to other rights and remedies which it may
have, to enter the Said Town House, if necessary and remove all non-conforming
fittings and fixtures at the cost and expense of the User. The User agrees to keep the
Maintenance Agency indemnified and harmless against any loss or damage that may be
caused to the Maintenance Agency in this regard.
The User shall also be liable to pay the cost (in addition to) Maintenance Charges/
utilities, as and when any plant & machinery within the Said Township as the case
may be, including but not limited to lifts, DG sets, electric sub-stations, pumps, fire
fighting equipment, any other plant/equipment of capital nature etc. require
replacement, upgradation, additions etc. the cost thereof on pro-rata basis. The User
acknowledges that the Maintenance Agency shall have the sole authority to decide the
necessity of such replacement, upgradation, additions etc. including its timings or cost
thereof.
5. LIMIT ON THE RESPONSIBILITY OF THE MAINTENANCE AGENCY
(i)
The User understands that the Maintenance Agency may engage other
agencies/contractors to provide one/more/ all Maintenance Services under separate
agreements. The Maintenance Agency's responsibility will be limited only to the extent
of supervision of these agencies' work and to ensure that their operation is in
conformity with the agreement executed by them and to replace an agency if its
performance is not upto the desired standards. The Maintenance Agency accepts no
legal liability whatsoever arising from acts of omission, commission, negligence,
defaults of the aforesaid agencies in providing the Maintenance Services. The
Maintenance Agency shall not be liable for any delay, loss or damage caused by
agencies' failure or refusal to timely provide services.
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(ii)
The Maintenance Agency shall in no way be responsible or liable for any fire, electrical,
pollution, structural or any kind of hazard originating from the Said Town House / plot
on which Said Town House is constructed /Said Township including those or due to
electrical devices installed in the Said Plot. The hazards aforesaid originating from the
Said Plot/Said Township shall not impose any kind of legal or financial liability on the
Maintenance Agency and the User(s) agrees to keep the Maintenance Agency
indemnified and harmless against any loss or damage that may be caused to the
Maintenance Agency in this regard. The User shall ensure that the electrical systems ,
apparatus installed on the Said Plot or in building/house constructed thereon shall not
pose any fire, electrical, structural, pollution and health hazard for which the User
shall solely be responsible for all legal and financial consequences arising thereon.
6. GENERAL
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
The Maintenance Agency shall have the right to assign this Agreement or any part
thereof to any other person/entity as it may deem fit.
All costs, charges and expenses payable on or in respect of this Agreement and on all
other instruments and deeds to be executed, if any, pursuant to this Agreement,
including stamp duty on this Agreement, legal fees, if any, shall be borne and paid
solely by the User.
The Maintenance Agency shall retain the original of this Agreement and the User shall
be provided with a duplicate copy thereof.
The failure of the Maintenance Agency to enforce at any time or for any period of time
any provision(s) hereof shall not be construed to be waiver of any provision(s) or of the
right thereafter to enforce any or each and every provision(s) of this Agreement.
If any provision of this Agreement shall be determined to be void or unenforceable
under any law such provision shall be deemed amended or deleted to the extent
necessary to conform to applicable law and the remaining provisions of this Agreement
shall remain valid and enforceable.
This Agreement is in consonance and not in derogation to the Allotment Letter and the
conveyance deed.
Any notice, letter or communication to be made, served or communicated under these
presents shall be in writing and shall be deemed to be duly made, served or
communicated only if the notice or letter or communication is addressed at the
aforesaid address and sent by registered post.
It is clearly understood and agreed between the parties that all the provisions
contained herein and the obligation arising there under shall equally be applicable to
and enforceable against any and all occupiers, tenants/employees of the User and/or
subsequent purchasers of the Said Town House, as the said obligations go along with
the Said Town House for all intents and purposes.
Neither party shall be liable in damages or have the right to terminate this Agreement
for any delay or default in performing hereunder if such delay or default is caused by
conditions beyond its control including, but not limited to Acts of God, Government
restrictions (including the denial or cancellation of any export or other necessary
license), wars, insurrections and/or any other cause beyond the reasonable control of
the party whose performance is affected.
The User, if does not want to continue with the terms and conditions of the Agreement
will have to give notice for non-renewal of the Agreement six months prior to the expiry
of the Initial Period. If such similar notice is received from 75% of the plot owners and
house owners then the Agreement shall come to an end after the Initial Period, falling
which the Agreement shall stand renewed for a further period of ten years.
Any User in breach of any of the terms and conditions of this Agreement shall be liable
to pay outstanding dues and liquidated damages equivalent to the amount paid as
Maintenance Charges during the last twelve (12) months, which the User agrees are
fair, just and reasonable.
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7. DISPUTE RESOLUTION BY ARBITRATION:
In the event of any differences or disputes arising between the Maintenance Agency and the
User in connection with or arising out of this Agreement including matters connected with the
accuracy of bills, supply of Maintenance Services or interpretation of any of the terms and
conditions hereof, which cannot be determined amicably, or settled through an agreement
between the Maintenance Agency and the User, the matter shall be referred to arbitration of
sole arbitrator to be appointed by the Managing Director of the Maintenance Agency and
whose award shall be final and binding upon the parties. The User hereby confirms that the
User shall have no objection to this appointment even if the person so appointed, as the
arbitrator, is an employee or advocate of the Maintenance Agency or is otherwise connected to
the Maintenance Agency and the User confirms that notwithstanding such
relationship/connection, the User shall have no doubts as to the independence or impartiality
of the said arbitrator. Reference to arbitration shall be without prejudice to the right of the
Maintenance Agency to effect recovery of arrears of dues (through disconnection of supply or
otherwise). The arbitration proceedings shall be held at an appropriate location in New Delhi
alone and shall be in accordance with the Arbitration and Conciliation Act, 1996 or statutory
modifications thereto. The Courts at Indore alone shall have the jurisdiction. over this
Agreement
IN WITNESS WHEREOF the parties have set their hands to this Agreement at the place and on
the day, month and year first above written.
in the presence of
WITNESSES
For and on behalf of
M/s..................................................................
1. Signature....................................................... ........................................................................
Name.............................................................
Address .........................................................
...................................................................... (AUTHORISED SIGNATORY)
......................................................................
For and on behalf of
2. Signature....................................................... M/s..................................................................
Name............................................................. ........................................................................
Address .........................................................
......................................................................
...................................................................... (AUTHORISED SIGNATORY)
Mr./Mrs./M/s..................................................
........................................................................
[User(s)]
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ANNEXURE - VI
COMMON AREAS AND FACILITIES
LIST OF COMMON AREAS AND FACILITIES
List of Common Areas and Facilities of the Said Township
1. Road and Footpaths.
2. Parks and Gardens.
3. Area for services like sub-stations, STP, water supply installations etc.
4. Incidental Open spaces.
5. Overhead/underground water tanks
6. Electrical Sub –Stations /transformers
7. Electrical/ Plumbing/Fire Shafts &services ledges
8. Security/Fire Control Rooms
9. Sewage treatment Plants
10. Street Lights / Street Signage(s)
11. Fire Hydrants & Fire brigade inletetc
12. Distribution Panels/Boxes for phone
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ANNEXURE - VII
TENTATIVE TYPICAL FLOOR PLAN/TENTATIE LAYOUT PLAN(S)/OF TOWN HOUSE
33

ANNEXURE - VII
TENTATIVE TYPICAL FLOOR PLAN/TENTATIE LAYOUT PLAN(S)/OF TOWN HOUSE
34

ANNEXURE - VII
TENTATIVE TYPICAL FLOOR PLAN/TENTATIE LAYOUT PLAN(S)/OF TOWN HOUSE
35

ANNEXURE - VII
TENTATIVE TYPICAL FLOOR PLAN/TENTATIE LAYOUT PLAN(S)/OF TOWN HOUSE
36

ANNEXURE - VIII
SUPER AREA
Super Area of the Said Town House shall include the area bounded by the peripheri walls of the said
Town House. Where ever the periphery wall is a common wall shared with other town house
allottee(s) of the said Township then the Super Area shall include half the area under the wall which
will be counted towards the Allottee. Super Area is also including but not limited to the area or part
thereof provided by balcony, sit – outs, terraces, stair cases, mumties and shafts etc.
37