TERMS AND CONDITIONS FOR ALLOTMENT/PROVISIONAL ALLOTMENT OF THE INDEPENDENT FLOOR IN THE PROJECT “JMS GROUP PREMIER FLOORS-II”, SITUATED AT SECTOR 95, GURUGRAM BEING DEVELOPED BY PROMOTER UNDER DEEN DAYAL JAN AWAS YOJNA, 2016

Terms and Conditions:

1. The Applicant(s) herein has seen and verified all the documents pertaining to title of the land over which the Project is being raised. The Promoter is in the process of developing the Project in accordance with the plans approved by the competent authority (i.e. Zoning Plan/Sanctioned Building Plan/Floor Plans/Layout Plan) which have been explained to me/us and understood by me/us. It is acknowledged that the Applicant(s) has physically inspected the site and has understood and satisfied fully in all respects about the location, the right, title, interest, size, price, infrastructure, status, local conditions and environment or government regulations, market conditions, etc. I/We further acknowledge that the said Project is duly registered under RERA Authority Gurugram and is governed under the Real Estate Regulatory Authority Act and its rules framed therein.
2. The said Land can be developed/constructed in Phasewise manner as to be determined by the Promoter. The said land comprising of Total land measuring about 22.35625 Acres which is clearly demarcated and specified in the sanctioned plan which is to developed together with all amenities and facilities, specifications by the Promoter to use and benefits of all the purchasers of all the phases of the entire Project. Applicant(s) hereby consents to the same. That 14 plots in the said land are earmarked for the purpose of Independent Floors (Residential) project, comprising 14 buildings(each building consist of four Independent Floors alongwith Stilt Parking and basement) and the said project shall be known as “JMS Group Premier Floors-II” (Project). In case of increase of FAR, the promoter shall be free to take the benefit of the same in any manner and the allottee(s) shall not raise any objections to it.
3. The Applicant(s) have clearly understood that this application does not constitute an Agreement for Sale and applicant(s) does not become entitled to the provisional and/or final allotment of Independent Floor notwithstanding the fact that the Promoter may have issued a receipt in acknowledgement of the money tendered with this application as registration/booking amount. This application is only a request of the applicant(s) for the allotment of the Independent Floor subject to acceptance of the Promoter at its sole discretion (M/s JMS INFRA REALITY PVT. LTD.), and does not create any right, interest, title whatsoever or howsoever in any manner of the applicants(s). It is only after Applicant(s) signing and executing the Allotment Letter and then also register the Agreement for Sale, the allotment shall become final and binding upon the Promoter.
4. The Applicant(s) have read and understood the details and terms and conditions of sale and other information/conditions stated in the Allotment letter, Agreement for Sale as reflected in the Haryana RERA website. After being satisfied with the documents and/or information provided therein the applicant(s) hereby accept and agree to abide by the same as also such other terms as may be framed by the Promoter in future. The applicant(s) further agrees to sign and execute necessary documents as and when called upon by the Promoter

1. If, however, the applicant(s) withdraw/cancel this application or fail to sign/ execute and return the Allotment Letter within fifteen (15) days from the date of its receipt by the applicant(s) then the Promoter may at its sole discretion treat the application as cancelled and the booking advance money paid by applicant(s) shall stand forfeited in entirety, subject to deduction of the booking advance money i.e., 10% of the Total Sale Value.

• The Applicant solemnly declares and undertakes to use the Independent Floor to be allotted to for residential purposes only.
• The Applicant(s) further state that if he/she/they/it failed to execute and register agreement for Sale as and when called for or within the period as prescribed herein, the allotment may be treated as cancelled at Promoter’s sole discretion the 10% payment of the Total sale value termed as “Earnest Money” shall stand forfeited alongwith other components.

1. The Applicant(s) agrees that the Independent Floor shall be provisionally allotted and the Agreement for Sale of the Independent Floor shall be entered into only on the applicant(s) remitting the “Earnest Money” as per opted payment schedule as agreed by the Applicant(s). In the event of Promoter agreeing to provisionally allot the Independent Floor to the applicant(s), Applicant(s) agrees to pay further instalments of the Total Sale Value and all other dues/charges as stipulated in the opted Payment Plan or as may be varied in accordance to the agreed terms and conditions as enumerated in the Agreement for Sale failing which Promoter may in its discretion be entitled to cancel the allotment in accordance to the provisions of the Agreement for Sale subject to deduction of “Earnest Money” and other applicable deductions.
2. The Applicant(s) has seen the layout plan(revised)/building plan, area of Independent Floor etc. and has been made aware of and accepts that the revised layout plan/building plan and Independent Floor area are tentative and that there may be variations, deletions, additions, alterations made by the Promoter as it may in its sole discretion deem fit and proper, or by or pursuant to requirements of a Governmental Authority which may involve changes, including change in the zoning plans for the Project, and nature of facilities to be provided in the Project in accordance with the policy. The Applicant(s) have understood and agreed that after the completion of development of the Independent Floors/Project and the Completion Certificate/Part Completion Certificate/ Occupation Certificate /Part Occupation Certificate(as the case may be) is granted by the competent authority, the Promoter shall confirm the Layout/ Independent Floor Area of the Independent Floor. It is further understood by the Applicant(s) that Total sale value is subject to the final confirmation at the time of offer of possession and all such adjustments in the amounts payable or refundable as the case may be shall be made at the same rates as agreed herein.
3. The Applicant(s) has understood and satisfied fully in all respects about the Specifications, facilities, amenities etc.

• The Applicant(s) has been informed that as on date the said project is RERA registered for the total area of about 0.3790 acres consisting of 14 plots out the said land, the said land is a Licensed area vide License Nos 111 of 2023, 4 of 2023 & 11 of 2022 and RERA registration No. 122 dated 2024. The Promoter for development of the said Project has obtained License No. 111 of 2023 dated 25-05-2023 from the Office of Director, Town and Country Planning, Haryana at Chandigarh to set up affordable plotted Colony (DDJAY 2016) over an additional area measuring 3.34375 acres in addition to the License no 4 of 2023 dated 06-01- 2023 (2.45625 acres) and License no 11 of 2022 dated 02-02-2022 (16.55625 acres) granted for development of Affordable Residential Plotted colony under (DDJAY 2016), totalling 22.35625 Acres in Sector 95, District Gurugram and further, in view to have a better coverage, may try to obtain the license for the area of adjoining land and to include the same in the Project/existing licensed land. Further the Applicant(s), hereby give its consent that as and when the license for the additional area adjoining the land of the Project/existing licensed land is received, the Zoning and Layout plans shall be amended accordingly which may change the location/area/number of my existing Independent Floor which is been allotted to me.
• The Applicant(s) understands that for any additional infrastructural facilities and/or amenities which the Applicant(s) may opt shall be payable over and above the Total Sale Value which may be ascertained separately and agrees to pay such extra charges as and when demanded by the Promoter.
• The Applicant(s) understands that the time is the essence and if the applicant(s) after execution of the Agreement for Sale, fails to pay the due amounts to Promoter on time as per the payment plan opted and/or as per the demand / intimation sent to the applicant(s) through post or e-mail or courier service, the applicant(s) will become liable to pay interest at the rate of the State Bank of India highest marginal cost of lending rate(“MCLR”) plus two per cent per annum to Promoter on the amounts due and payable from the respective due dates of such payment till the date it is paid in its entirety/its realization. If however, such payment is not made within the time, as prescribed in HRERA act and rules, the Promoter shall at its discretion, be entitled to cancel the allotment/ terminate the Agreement for Sale and refund all amounts received by forfeiting the booking amount paid for the allotment and interest component on delayed payment (payable by the applicant(s) for breach of agreement and non-payment of any due payable to the Promoter), the rate of interest payable by the applicant(s) to the Promoter shall be the State bank of India highest marginal cost of lending rate plus two percent. The balance amount of money paid the applicant(s) shall be returned by the Promoter within the time as prescribed in the HRERA act and rules, of such cancellation. On such default, the agreement and any liability of the Promoter arising out of the same shall thereupon, stand terminated. Provided that, the Promoter shall intimate the applicant(s) about such termination, as per provisions of HRERA act and rules prior to such termination. The applicant shall neither make, nor shall claim any claim for any damages, compensation or interest or penalty whatsoever, shall be tenable in the event of cancellation of the allotment.

1. Upon the Applicant(s) making payment of booking amount of 10% of the total sale value and realization thereof, an Agreement for Sale of the Independent Floor specified and described hereinabove, containing the terms and conditions agreed between Promoter and applicant(s), will be prepared, and applicant(s) shall be required to sign and registered the same within 30 days of booking, without any delay or demand, along with the payment as per the terms of the said Agreement for Sale.

• All statutory charges, taxes, cess, GST and other levies demanded or imposed by the concerned authorities. shall be payable proportionately by applicant(s) from the date of booking as per demand raised by the Promoter. Notwithstanding anything contains contrary hereinabove, applicant(s) hereby understand that Applicable tax/GST (if applicable) shall be payable in accordance with the opted payment plan for payment of Total sale value and other charges of the said Independent Floor. If applicant(s) fails to pay any of the instalments along with applicable GST of the Total Sale Value and other charges of the said Independent Floor in timely manner, in such eventuality, the applicable unpaid service tax/GST shall be construed as unpaid Total Sale Value and others charges of the said Independent Floor and applicant(s) shall be liable to pay the due instalments along with due GST and the interest calculated accrued therein.
• The Applicant(s) agrees that he/she/it shall be entitled to take over possession of the said Independent Floor only upon prior payment of all his/her/their dues including the Total sale value of the said Independent Floor alongwith other charges as already intimated to the Applicant(s) by the Promoter and also upon due compliance with and/or performance of all the covenants, undertakings and obligations required to be complied with and/or performed on Applicant’s part in pursuance of this Application, Allotment letter and the Agreement for Sale.
• The Promoter will also be entitled to reject applications containing information that is incorrect or misleading even after the provisional allotment and/ or Agreement for Sale. In such cases, Promoter will refund all amount paid till date after deducting 10% (Ten per cent) of the Total Sale Value specified and described hereinabove, being the Earnest Money, plus applicable taxes, interest accrued on delayed payment, brokerage, if any paid or payable in addition to all other charges and statutory charges as may be paid.
• The Applicant(s) solemnly declares and undertakes that applicant(s) shall transfer the name of the Allottee/ Allottees subject to norms laid down in respect of transfer of name and to be named in the Conveyance Deed or at any time after the execution of the Application, allotment letter and Agreement for Sale, but prior to registration of the Conveyance Deed. In the event of the demise of a single Allottee or of all the joint Allottees, the Nominees or any other person/persons, who can substantiate his/her/their being the legal heir/s of the deceased Allottee / Allottees shall be deemed to be the Allottee/s for all purposes and will become liable for all the obligations of and be entitled to all the rights of such deceased Allottee / Allottees. The Nominee/Successor shall without limitation, become liable to make all the payments that the deceased Allottee was obliged to have made, and only after making all the payments would the Said Nominee/Successor become entitled to have the said Independent Floor transferred in his/her favour, and be entitled to the payments the deceased Allottee would have received in case of cancellation of the Allotment, for whatsoever reasons. The Applicant(s) solemnly declares and undertakes that for the transfer, the applicant(s) shall pay the “administrative charges” as demanded by the Promoter.

1. The Applicant(s) shall make all endeavor to make the payment towards the Independent Floor on his own, however, in the event of any third payment received on behalf of the Applicant(s), then the Promoter shall not be responsible towards the same in any manner and the receipt of acknowledgment of payments shall be made in favour of the Applicant(s) only.

• The Applicant(s) shall abide by all the laws, rules and regulations of the local body/local authority/State Govt. of Haryana and of the proposed body corporate, association of the allottee (as and when formed till then as prescribed by the Promoter) and shall be responsible for all the deviations, variations, violation or breach of any of the condition of law/by laws or rules and regulations after the completion of the said Project. The Independent Floor shall be used for the purpose for which it is allotted.
• After handover of physical possession of the Independent Floor to the allottee(s), if any damage is caused to the other Independent Floor, such damage shall be repaired by the allottee(s) at his/her own cost and in case of neglect the Promoter and/or maintenance agency shall carry the necessary repair and recover the cost from the allottee(s) for such damage.
• M/s JMS Infra Reality Pvt. Ltd. reserves its right not to consider this application and also the right to allot the Independent Floor to any other person, without any obstruction/intimation to/from the applicant/ or any other person, claiming the right and interest through him/her/them/it before issuing the Provisional allotment letter and/or registration of Agreement for Sale.
• The Promoter at its absolute discretion shall be entitled to reject and or cancel this application without assigning any reason whatsoever or howsoever to the applicant(s) and or the Promoter may allot another Independent Floor/plot in lieu of the Independent Floor applied for.
• Any changes/directions/conditions/modifications/amendment imposed and /or directed by any of the competent authority/development authority at any stage of construction shall be binding on applicant(s) as well as all other applicants who have signed similar application forms, without the requirement of any formal written approval or consent from applicant(s) for making such changes modifications/amendment. If an application for provisional allotment of any Independent Floor is required to be cancelled for such change of plans, Promoter will refund all amounts paid by the applicant(s) without any deduction. However, no interest would be payable on such amount/ amounts.
• All payments shall be made in favour of “JMS INFRA REALITY PVT. LTD. (JMS GROUP PREMIER FLOORS-II) MASTER ACCOUNT” payable at Gurugram.
• The applicant(s) acknowledge(s) that the allotment of said Independent Floor will be subject to such terms and conditions as may be provided at the time of Provisional allotment/ Agreement for Sale. Applicant(s) herein consents to abide by those terms and conditions.
• Interest on late payment of the amount payable upon the allotment of the Independent Floor as specified in the Payment Plan will be realized as per the interest rate equivalent to rate equal to MCLR (Marginal Cost of Lending Rate) of State Bank of India +2% unless provided otherwise under the Rules, from the expiry of the due date of payment. Applicant(s) herein undertakes to make such payment on account of interest due to non-payment within time schedule as may be prescribed.
• The maintenance, upkeep, repairs, security, landscaping and common services etc. of the said Project shall be managed by the Promoter or its nominated Facility Maintenance Company (FMC), and the applicant(s) shall pay, as and when demanded, the common area maintenance charges including Interest Free Security Deposit for maintaining and up-keeping the said Plotted Colony (DDJAY)/said project and the various services therein, as may be determined by the Promoter or the such nominated maintenance Company appointed for this purpose. Any delay in making payment will render Applicant(s) liable to pay interest as applicable. Non-payment of any of the charges within the time specified shall also disentitle applicant(s) from the enjoyment of the common areas facilities/amenities and services.
• Applicant(s) hereby agree to pay the maintenance charges on monthly basis along with applicable taxes, cesses etc. to the Promoter/Maintenance Company from the date of commencement of maintenance services i.e. from the due date mentioned in offer of possession of the Independent Floor by the Promoter through Facility Maintenance Company in the said Project.
• The Applicant(s) understand and agrees that if any power back up is required to be provided for common area and facilities, cost of equipment and installation thereof, operating/running cost/charges thereof shall be paid by the Applicant(s). It is further understood by the Applicant(s) that the Common Area Electricity shall be charged on monthly basis as applicable.
• The Applicant(s) also agrees and confirms that the Applicant(s) shall be allotted the Independent Floor only according to the layout plan/building plan prepared by the Promoter and/or its architect which is sanctioned by the DTCP.
• All applicable taxes, levies, rents, stamp duty and registration charges and other applicable incidental expenses etc. would be borne by the Applicant(s).
• Cancellation Terms: Deduction of (Booking amount + Applicable Taxes + Interest charges on delayed payment + Brokerage Paid or payable).
• The applicant(s) hereby gives explicit consent to the Promoter that in the event of default in making over the down payment as per the Payment Plan, then in that such event an interest @SBIMCLR+2% will be imposed upon the applicant(s) till the date of the payment of defaulting instalments and/or the Promoter at its own discretion may cancel and/or reject the application for allotment/terminate the agreement for sale of Independent Floor subject to deduction of booking amount + interest + brokerage paid/payable + applicable taxes.
• In case of dishonor of cheques/DD the allottee(s) shall be liable as per law/levies..
• The Promoter shall have the first lien and charge on the said Independent Floor for all its dues and other sums payable by the applicant(s) to the Promoter, if applicable. Loans from financial institutions to finance the said Independent Floor may be availed by Applicant(s). However, availability of Loan/approval of the Project by the Financial Institution is not the pre-requisite/condition precedent of the allotment of the said Independent Floor and applicant(s) hereby agrees to pay the Total sale value and other charges of the aforesaid Independent Floor according to opted Payment Plan, irrespective of availability of finance from any Financial Institution. Further if any particular Institution/ Bank refuses to extend financial assistance on any ground, the applicant(s) shall not make such refusal an excuse for non-payment of further instalments/ dues.
• In case the Promoter is forced to abandon the said Project due to force majeure including the situation wherein non-issuance of the NOC/Approvals by any of the Competent Authority and or any other circumstances or for any reasons beyond its control, the Promoter shall refund the amount, without any interest and or compensation, paid by the applicant(s) upon compliance of necessary formalities by the Applicant as may be laid down by the Promoter.
• The Promoter shall endeavour to give possession of the Independent Floor to the applicant(s) as early as possible, after getting the Completion Certificate/Part completion Certificate/Occupation Certificate/ Part Occupation Certificate (as the case may be) as declared and subject to force majeure circumstance and reasons beyond the control of the Promoter, including, but not limited to, shortage of materials, inflation or recession in the market, dispute by the contractor, court orders, or by reason of war, or enemy action or earthquake or any act of God, or any act, notice, lockdowns, pandemic, order, rule or notification of the Government and/or any other public or competent authority, affecting the regular development of the said Plotted Colony under DDJAY-2016/said project with a reasonable extension of time for possession subject to compliance and execution of all documentation formality as maybe laid down by the Promoter and making of timely payment of instalments to the Promoter by applicant(s).

1. The Applicant(s) shall have no objection in case the Promoter creates a charge on the project land during the course of development of the Project for raising loan from any bank/ financial institution. However, such charge, if created, shall be vacated/released before handing over possession of the Independent Floor to applicant(s).

• Applicant(s) further confirms that this application will be effective only after applicant(s) accept, sign the provisional allotment letter and execute and register the Agreement for Sale on the draft approved by HARERA Gurugram, as may be provided by Promoter without which this application will not confer any rights on applicant(s). The allotment shall become final only upon applicant’s fulfilment of all the conditions set out in the Agreement for Sale and upon making the full and final payment as per the opted Payment Schedule contained in this application form and Agreement for Sale.
• The Applicant(s) further agrees to sign and execute necessary documents as and when required by Promoter.
• The Applicant(s) hereby give irrevocable consent to become a member of the body of the owners/Association of allottees to be formed in accordance with the applicable laws of State and will be subject to other applicable statutory laws, rules and by-laws and to execute necessary documents as and when required in conformity with the requirements stipulated by Promoter and to pay such charges, fees, expenses as may be incurred during the process of formation of such owner’s association/association of allottees.
• The Applicant(s) hereby confirms and agrees that applicant(s) shall be jointly and severally liable for due compliance and fulfilment of applicant obligations in respect of purchase of the said Independent Floor. Applicant(s) further agree that time for making payment of total sale value and other amounts as and when demanded by Promoter shall be of essence and time bound.
• The Applicant(s) acknowledges that the Promoter has readily provided all the information and clarifications as were requisitioned by the applicant(s) and that none of them have been influenced by any architect’s plans, sales plans, sale brochures, advertisements, representations, warranties, statements or estimates of any nature whatsoever whether written and/or oral made on Promoter’s behalf or on behalf of Promoter’s selling agents or otherwise including, but not limited to, any representations relating to the description or physical condition of the said project, the size or dimensions of the subject Independent Floor / Project including all their physical characteristics, the services to be provided thereto, the facilities and/or amenities to be made available thereto or any other data except as specifically represented in this Application, Presentation/Brochure and/or Application Form and that the applicant/s has/have relied solely on his/her/their/its own judgment and investigation in deciding to acquire the said Independent Floor and not by any oral or written representations or statements.
• The Applicant(s) confirms to have full knowledge of all the relevant laws, rules, regulations, notifications etc. applicable to such projects in general and/or to the Plotted Colony(DDJAY)/project in particular and the terms and conditions contained in this application and that applicant(s) have clearly understood the respective rights, duties, responsibilities, obligations under each and every clause of this application.
• Detailed terms and conditions of this application form shall form the integral part and also having binding effect of the Allotment Letter/ Agreement for Sale which the applicant(s) shall execute as and when required by M/s JMS Infra Reality Pvt. Ltd.
• The Applicant(s) shall furnish his/their complete address and e-mail ID at the time of booking and it shall be his responsibility to inform the Promoter through letter by Registered A.D. about all subsequent changes in his address and e-mail ID, failing which, all demand notices and letters posted at the first Registered Address will be deemed to have been received by him at the time when those should ordinarily reach at such address and the applicant(s) shall be responsible for any default in making payment and other consequences that might occur there from. Further, Applicant(s) hereby agrees that the promoter shall not be liable/ responsible to reply to any query received from any address/ e-mail ID not being previously registered with the Promoter.
• To settle any confusion regarding any matter herein or anything being not covered/ clarified herein, it is agreed by the applicant(s) that reference shall be made to the detailed terms of the Allotment Letter/ Agreement for Sale, the terms whereof have been seen, read and understood/accepted by the Applicant(s).

1. I. It is specifically agreed by Applicant(s) that upon execution, if any ambiguity is apparent on its face, on such contingency the terms and condition of the Allotment Letter/ Agreement for Sale shall supersede over the terms and conditions as set forth in this Application Form. However, applicant(s) shall be bound by the terms and conditions incorporated under this Application Form till the execution of the Allotment Letter/ Agreement for Sale in this regard.
2. Applicant(s) hereby give explicit consent to the Promoter and their marketing agents to call, mail, courier, email or sms, all promotional contents/ reminders/ information related to the above project’s pre or post sales services, to Applicant’s above mentioned address, email, phone nos. and mobile nos.

• The Promoter, without prejudice, reserves it’s all other rights and interest at all point of time.
• The Applicant(s) herein declares and undertakes to comply with all above referred clauses together with other terms and conditions, if any, as may be laid down, by M/s JMS Infra Reality Pvt. Ltd. at its discretion from time to time.
• All or any disputes arising out or touching upon or in relation to the terms and conditions of this Application, including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer/Authority appointed under the Real Estate Regulatory Authority Act, 2016.