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ILLUSTRATIVE IMAGE
 Bhubaneswar Development Authority

ALLOTMENT OF FLAT (2BHK) THROUGH LOTTERY

DAYA ENCLAVE (K9B)

(Plot No. 1046(Pt), KHATA NO.683/1, MOUZA-
BHAGABANPUR ), BHUBANESWAR
(ORERA Registration Number-RP/19/2021/00456)
Occupancy Certificate vide Letter No.11873/ Dtd.15.04.2023

Online Start On : 11.00 A.M On 07.06.2023

Application Close On: 11.59 P.M On 06.07.2023

Bhubaneswar Development Authority

AkashShova Building, Pt. Jawaharlal Nehru Marg, Bhubaneswar-751001
www.bda.gov.in

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1. INTRODUCTION
The Bhubaneswar Development Authority (BDA) was constituted on 1st September
1983 under provisions of Odisha Development Authorities Act, 1982. The BDA is the
principal planning authority for Bhubaneswar and overseas planning and
development of infrastructure, provision of development-related services, the housing
needs etc. Besides, the BDA is working towards ensuring sustainable urban growth
with effective monitoring, regulations through a people-centric and innovative
approach. The development authority is spearheading a drive to put up best in class
infrastructure in the city.

2. PROJECT BRIEF
BDA takes this opportunity to introduce the “DAYA ENCLAVE” a Residential Housing
Complex located at K9-B, Bhagabanpur, Bhubaneswar. The project consists of 128 nos
of 2 BHK apartment along with supporting facility / amenities developed over appx.
1.59 Acres land [Plot No. 1046(P)]. BDA hereby invites applications for allot these 128
nos of 2BHK apartments though lottery.

The project site abuts a 40 ft wide road in Kalinga Nagar. This road is connected to
200 ft. wide Main Road through a 100 ft wide interconnecting road.

Key Locations/ Nodes of the City Approx. Distance from Site

National Highway 1.7 Kms
Bhubaneswar Bus Stand at Baramunda 7.2 Kms
Bhubaneswar Railway Station 14.1 Kms
Khandagiri Square 5.9 Kms
Airport 9.4 Kms

Significant Neighborhood Projects.

 National highway  DAV School, Kalinga Nagar, Bhubaneswar
 AIIMS Hospital  DN Regalia & Kharavela Enclave

3. PROJECT PROFILE
The project consists of four residential blocks [S+4 (stilt + four) structure] comprising
of 128 (one hundred twenty-eight) 2BHK housing apartments and other amenities
such as community hall, guard room for security etc. The parking requirement of the
apartments are adequately addressed with well lay out parking areas indicated
against each apartment in the stilt area/polycarbonate roofed parking area. The
apartments carpet area and the balcony area of both the Type-A & Type-B
apartments area as follows -
Sl. Type of Carpet area Area of Balcony
No. Flats
1 Type-A 638 Sq.ft 47.23 Sq. Ft.
2 Type-B 638 Sq.ft. 26.37 Sq. Ft.

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 The detailed list of apartment number along with its parking space number is
provided in Schedule-A.
Some of the specification and standards of the components of the apartments /
project are as follows:
Lobby Doors & Window
 Vitrified tile flooring in lobby  Door- Both side laminated flush door
 Lift facia cladding in granite shutters
 Staircase in granite flooring with SS railing  Aluminium Systems windows with glass and
 All lobby walls and ceiling will be finished safety MS grills
with emulsion paint
Apartments Flooring
 Vitrified tiles in the, living, dining and all Painting
bedrooms.  Premium weather coat on exterior walls.
 Internal walls and ceilings finished with
emulsion paint over putty

Electricity Air Conditioner

 Three phase system with concealed wiring.  Provision for power point in bedrooms
 Provision for TV point in living and Elevator
bedrooms.  Elevator of reputed brand with ARD
 Sufficient power points for electricity and features
other necessary gadgets inside the Water Supply
apartment.  Water supply through separate sumps and
 Earthing for all electrical accessories. over-head tanks.
Kitchen & Utility
 Granite counter with CP fitting and Power Backup
stainless steel sink of reputed brand.  100% power backup for common area,
 Ceramic tile cladding above the granite partial backup for each apartment
counter up to lintel level. Security Arrangements
 Surveillance cameras at the main security
Toilets and designated locations
 Anti-skid ceramic tiles for flooring &  Intercom facility /Security room
designer tiles on wall with PVC door. Parking
 Sanitary ware & CP fittings of reputed  Provision of car parking for each apartment,
make. Total 128 Nos of covered parking.
 Hot & cold mixer unit with shower facility.
 Provision for exhaust fan point & geyser
Point.

The project has been completed and occupancy certificate obtained vide Letter No.
11873/ Dtd.15.04.2023. Also, the project has been registered in ORERA vide
its Registration Number-RP/19/2021/00456.

4. PRICE, SECURITY DEPOSIT AND MODE OF PAYMENT

Sl. Type of Number of Total Price of each Flat (in Security Deposit
No. Flats Flats Rs.)
1 Type- ‘A’ 80 Rs. 51,60,000/-(including all taxes Rs.
and other processing fees) 2,00,000/-

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 2 Type- ‘B’ 48 Rs. 49,60,000/- (including all taxes Rs.
and other processing fees) 2,00,000/-

Mode of Payment:-

Security Deposit Rs. 2.00  To be deposited along with the application form
Lakhs  The Security Deposit of the selected applicants
shall be adjusted towards the 1st Instalment of
Booking Amount.
1st Installment - 10% of cost  to be deposited within 30 days of selection
Booking Amount  Selected applicants shall have to deposit the
10% of cost less 2.00 lakhs
2nd Instalment 90% of cost  Within 3 months of execution of Agreement to
Lease (Sale).
 Physical possession of apartments will be handed
over within one month of final payment.

Note

i. The unit cost towards apartment includes the cost of parking space allotted to
the respective apartment.

ii. The stamp duty, registration charges, and any other statutory charges/dues as
levied by the Central Government/State Govt./Local Bodies shall be payable
extra by the allottee.

iii. All payments must be made by the due date either through payment gateway link
available at www.bda.gov.in or through online electronic remittances (NEFT/RTGS)
in favour of the Bhubaneswar Development Authority.

iv. The intending applicants are free to visit the site for self assessment of the
apartments, location advantages of the project facilities and associated
amenities.

5. ELIGIBILITY
The applicant must be a citizen of India.
The applicant must have a Unique Account Number (UAN).
The application/candidature for allotment/allotment of the asset/apartment shall
be liable for rejection in case the applicant or the family members of the
applicant have any freehold or leasehold dwelling unit or plot of land within the
jurisdiction

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 of Bhubaneswar Development Authority including Bhubaneswar Municipal
Corporation Area.
Note:- For the purpose of allotment a Family as a unit shall include the husband,
wife and unmarried children.
Any suppression of fact or manipulation of information by the allottee at the time
of application with the intent of fulfilling the eligible criteria, if detected shall
invite cancellation of allotment and in such an event, necessary action shall be
taken in line with the applicable laws.
6. SUBMISSION OF APPLICATION
The intending applicant must register on-line in the official website of the BDA
and obtain a Unique Account Number (UAN) in order to be able to apply. For this
the applicant may register on-line in the official website of the BDA or obtain the
same at the Help Desk of the BDA in Akash Shova Building, Pt. Jawaharlal Nehru
Marg, Bhubaneswar-751001.
The online applications received by 11.59 PM 06/07/2023 shall only be
considered for further process for allotment.
Applications deficient in required particulars/information or applications found
to be with misleading/false information shall be rejected but the security deposit
shall be refunded.
Security Deposit as indicated in Section-4 should be deposited to the Bank
account of the BDA as detailed below or can be deposited through payment
gateway. A scan copy of the challan must be uploaded by the applicant in the
online portal.

Name of the Bank/ Branch Name Account No IFSC Code

(For deposits)
ICICI Bank, Vivekananda Marg 658605603323 ICIC0006586
Bhubaneswar-751002

7. MODE OF ALLOTMENT
The lottery for selection of allottee shall be held in the presence of observers and will
be carried out in 2 stages.
i. The first stage shall be for the selection of the prospective allottees.
ii. The second stage shall be for assigning of a particular asset in favour of the
prospective allottees.
However, in case the total number of applications received is less than the number
of assets available for allotment, then selection of allottees will be done by the
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 Allotment Committee/Authority and assigning of a particular asset, in favour of any
selected allottee, shall be made only through a lottery.
The result of the draw shall be made available in the BDA website i.e.
www.bda.gov.in and also shall be displayed on the Notice Board of BDA.
The selected applicants shall have to deposit the booking amount as indicated above.
The applicants selected through lottery shall be required to submit an affidavit as
per Annexure-II, application for housing loan as per Annexure-III (optional) and a
self- signed copy of identity proof such as PAN Card, Aadhar Card/Voter ID, payment
details of booking amount.
After approval of the required documents submitted by the selected applicant, BDA
will sign and execute Agreement for Lease (Annexure-V) in favour of the selected
allottee after approval of the documents submitted by the allottee and on
completion of all other formalities. The stamp duty and cost towards registration of
the agreement for Lease shall be borne by the allottee.
The Agreement for lease shall be executed with the Allottee specifying therein all the
terms and conditions related to the lease of the apartment.

8. REFUND/WITHDRAWAL/ CANCELLATION

In the case the applicant is found unsuccessful in the Phase-I lottery, the security
deposited by the applicant shall be refunded.

In the event, the applicant is successful in the lottery and fails to deposit / pay the
booking amount (1st installment) within a period of 30 days of intimation, then the
provisional allotment shall be cancelled, and the security deposit shall be refunded
to the allottee within 45 days.

In the event, the applicant after paying the booking amount fails to execute the
Agreement for Lease within 30 days of payment of booking amount, then allotment
shall be cancelled and booking amount shall be refunded to the allottee within 45
days.

After execution of Agreement for Lease, If the allottee proposes to cancel / withdraw
from the project without any fault of the BDA, then BDA shall forfeit the booking
amount paid by the allottee. The balance amount paid by the allottee (if any) shall be
returned by BDA to the allottee within 45 days of such cancellation.

9. EXECUTION OF LEASE DEED & DELIVERY OF POSSESSIONS

The BDA shall execute a registered Lease Deed in favour of the allottee along with
the undivided proportionate title in the common areas to the association of the
allottees or competent authority as the case may be.

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 BDA shall hand over the physical possession of the apartment to the allottees and
the common areas to the association of the allottees or the competent authority, as
the case may be and the other title documents pertaining thereto within specified
period as per provision RERA Act and Rules therein.

Provided that, in the absence of any local law, conveyance deed in favour of the
allottee or the association of the allottees or the competent authority, as the case
may be, shall be carried out by the BDA in line with the provisions of RERA Act /
Rules.

Every allottee shall participate towards registration of the Lease Deed of the
apartments. The allottee shall bear all the documental charges and the expenses
necessary for execution and registration of the lease deed before the concerned
registration authority.

Every allottee shall take physical possession of the apartment within a period of one
months on depositing / paying the entire price of the apartment. In case the Allottee
fails to take possession within the time provided in clause such Allottee shall
continue to be liable to pay maintenance charges as applicable

10. TRANSFER OF THE APARTMENT BY ALLOTTEE

Transfer of apartment shall be permitted only after expiry of 05(five) years from the
date of execution of the lease deed in respect of the Apartment as per provision of
BDA Property ( Management and Allotment) Regulation 2015 and as amended time
to time. In all such cases the allottee shall be required to obtain prior permission of
the authority.

11. CONDITIONS OF ALLOTMENT

The allotment of the apartments shall be on lease-hold basis.

Obtaining individual electricity connection from the meter panel board of individual
block from concerned Agency shall be solely the concern of the allottee.

Paying the holding tax/ground rent and any other taxes as applicable to the
concerned agencies and authorities within the specified time shall solely be the
responsibility of the allottee.

The allottee shall comply with the directions of the statutory Authorities, local bodies
as well as terms and conditions of allotment.

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 The allottee/s must form and be member/s of association formed under Odisha
Apartments Rules with amendment(s) or introduction of new Act. The association
shall be responsible for operation and upkeep of all common utility spaces,
amenities etc.

After execution of the Lease Deed, the Lessee shall be responsible to pay the
municipal taxes, water and electricity charges, maintenance charges, ground rent &
Cess, and other charges, if any, as applicable for the apartment.

Lessee shall comply with all statutory provisions, rule & regulations, bye-laws etc., in
all respects, including payment of all fees, taxes in accordance with the provisions
of:-

i. Any Central or State enactment, ordinance or other statute, or any regulation or by

law of any local or other duly constituted authority in force from time to time.

ii. The rules and regulations of all public bodies and authority whose property or rights
are affected or may be affected in any way.

12. FORCE MAJEURE

The Promoter, based on the approved plans and specifications, assures to hand over
possession of the Apartment within 2 months of receipt of Total price , unless there
is delay or failure due to war, flood, drought, fire, cyclone, earthquake, or any other
calamity caused by nature affecting the regular development of the real estate
project (“Force Majeure”).

If, however, the delivery of possession of the Apartment is delayed due to the Force
Majeure conditions then the Allottee agrees that the Promoter shall be entitled to
the extension of time for delivery of possession of the Apartment, provided that such
Force Majeure conditions are not of a nature which make it impossible for the
contract to be implemented.

The Allottee agrees and confirms that, in the event it becomes impossible for the
Promoter to deliver of possession of the Apartment due to Force Majeure conditions,
then this allotment shall stand terminated and the Promoter shall refund to the
Allottee the entire amount received by the Promoter from the allotment within 45
days from that date and the promotor shall intimate the Allottee about such
termination at lease thirty days prior to such termination. After refund of the money
paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc.
against the Promoter and that the Promoter shall be released and discharged from
all its obligations and liabilities under this Agreement.

13. JURISDICTION OF COURTS

All disputes arising out of the matters relating to the allotment of the of the apartment
through lottery shall lie within the jurisdiction of the Real Estate Regulatory
Authority and other applicable Act / Rules /Regulations.

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14. INTERPRETATION
All matters relating to the allotment of apartments through lottery shall be dealt as
per the provisions of the RERA Act / Rules / Regulations along with along with other
applicable Act / Rules / Regulations.

15. AMENDMENT IN BROCHURE

Any time prior to the last date for submission of application, BDA for any reason,
whether on its own initiative or in response to a clarification requested by a
prospective applicant, may modify this brochure document by corrigendum /
amendment in conformity with the RERA Act/Rules.

The corrigendum/amendment shall be uploaded on website of BDA i.e.

www.bda.gov.in.The applicants are advised to visit the BDA’s website for this
purpose regularly.

16. ADDRESS FOR CORRESPONDENCE

All postal correspondences must be made to;
The Secretary, BDA,
Bhubaneswar Development Authority,
AkashShova Building,
Pandit Jawaharlal Nehru Marg,
Bhubaneswar-751001. (Phone-0674-2392280)

For further information, visit the website: bda.gov.in, or contact the BDA Call Centre-
06742396437(Land-line).
For any support regarding the Online Registration, UAN Number etc. the applicant
may visit the helpdesk established in office of the Bhubaneswar Development
Authority or reach us bdabbsr1983@gmail.com

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 ANNEXURE-I (Online mode only)

Form No.

BHUBANESWAR DEVELOPMENT AUTHORITY

APPLICATION FORM FOR INDIVIDUAL
For allotment of constructed apartments in DAYA ENCLAVE, BDA Residential Housing Complex ,
K-9B (Plot no. 1046P), Mz: Bhagabanpur, Bhubaneswar, Odisha

Date of Receipt (For Official Use)

DD MM YY
To,
The Secretary
Bhubaneswar Development Authority Akash
Shova Building, Pt. Jawaharlal Nehru Marg
Bhubaneswar-751001

1. Applicant’s Unique Account No. (UAN)

2. Name of the Applicant

First Name
Middle Name
Last Name
3. Father’s Name
First Name
Middle Name
Last Name
4. Mother’s Name
First Name
Middle Name
Last Name

5. Date of Birth 6. Gender

DD MM YY
7. PAN No

8. AADHAR No

9. Voter ID No

10. Occupation Details

11. Nationality 12. Domicile

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13. Address for Correspondence
a. House No b. Street/Village

c. Post Office d. Block/ULB

e. Police Station f. District

g. State h. PIN Code

i. Telephone No (with STD Code)

j. Mobile (for SMS Service)

k. e-Mail ID (for intimation)

14. Permanent Address(It may not be filled up, if permanent Address is same as correspondence Address)
a. House No b. Street/Village

c. Post Office d. Block/ULB

e. Police Station f. District

g. State h. PIN Code

i. Telephone No (with STD Code)

15. Details of Family Members

Marital Relationship with
SL No. Name of the Family Member Gender Age
Status applicant
1.
2.
3.
4.
5.

16. Nominees Details in order of Preference

Sl No. Name of the Nominee Age Occupation Relationship with Annual
applicant Income
1.
2.
3.

17. Payment Particulars

Name of the Bank & UTR Date of Deposit Deposited Amount (in
No. (DD/MM/YY) INR)
Payment towards
Security Deposit

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Note: Photocopy of the deposited challan/counterfoil duly stamped by concerned Bank to be enclosed.

I have gone through the terms and conditions of the brochure, the application form and
the affidavit format and understood the content and consequences thereof and I filled in the
application with the undertaking to abide by the same. I do hereby undertake to abide by all
the terms & conditions prescribed by BDA for this scheme.
I also undertake that in the event of any information submitted above & the affidavit
filed is found misleading and/or false in future or in the event of double allotment in favour of
my family the authority will be at liberty to cancel the allotment at my cost and risk in addition
to forfeiture of the amount as referred in the brochure conditions.
Further, I also undertake to deposit balance money into appropriate BDA account as
per condition of Brochure cum Application form.

Date: Full signature of the Applicant

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 ANNEXURE-II

FORMAT OF AFFIDAVIT & INDEMNITY

In the court of _____________________________(Executive Magistrate / Notary)

I Smt/Shri _________________________________________ aged about _____ years D/o/W/o/S/o of Smt/Shri

______________________________________________ permanent resident of village_____________ P.O.____________________
P.S. ______________________Dist _____________________at present village_____________ P.O.____________________ P.S.
______________________Dist do hereby swear an solemnly affirms,
That the following persons are the only members of my family with relationships as detailed
below:
Sl. Relationship with
Full Name Age Marital Status
No. the applicant
i
ii
iii
iv
V

That I and/or any my family members as mentioned above own or possess the following
residential, shop-cum-residential plot or house, flat etc. within the limits of Bhubaneswar Development
Authority Area.
Sl Plot/ Allotment
Name of the Year of
No House Mode of Acquisition of Property Authority/
Owner allotment
. No. Transferor
Purchase Sale
(Lottery/Auction/Any
other means)

Except the plots/House/Flats referred to above, I or any of my family members do/does not own
or possess any other plot/house/flat within Bhubaneswar Development Authority area. By this affidavit, I
do hereby indemnify to compensate the BDA all consequences specified in the brochure and the lease
agreement in addition to the right of the BDA to cancel the allotment at my cost and risk and initiation of
criminal proceeding against me. I along with my family members have not withdrawn from allotment of
asset by the Bhubaneswar Development Authority (BDA) after being selected in auction or lottery. The
allotment of any asset made by BDA in favour of my family has not been cancelled due to default on our
part in payment or otherwise. I along with my family members have not transferred any asset within BDA
Area allotted to my family either from BDA or from OSHB or G.A Department or any other Government
agency till now. I further hereby undertake to return the asset allotted by the BDA soon after termination
of the allotment on the ground of suppression of any material fact.

Signature of the Deponent

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 Smt/Shri _______________________ aged ______ years, resident of Village ________________ PS ________________,
District of _________________ at present ___________________ by profession ___________________ being identified by
Sri______________ Advocate(License No.__________________) appears before me on this day of____________ at
about ___________ and states on oath/ solemnly declared the contents of this Affidavit are true to the best of
his/her knowledge.

Deponent Executive Magistrate/ Notary

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 ANNEXURE-III (OPTIONAL)

APPLICATION FORM FOR AVAILING HOUSING LOAN FOR FINANCING OF THE

PROPERTY

1) Name of the Applicant :

2) Name of the Scheme :

3) Category of Flat :

4) Details of Bank/ Financial Institution :

(A) Name and address of the Financial Institution:

(B) Amount of Loan to be availed:

Date:
Place:
Full signature of the applicant

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 ANNEXURE-IV
BANK ACCOUNT DETAILS FOR REFUND OF SECURITY DEPOSIT
(Duly filled, signed and scanned document copy to be uploaded in the portal for participation
the auction)
Advertisement Number and Date:
Name of the Asset/unit:

1. Name as in the Bank record

2. (Indusial/ Firm / Company/
3. Account Number:
4. Name of the Bank:
5. Name of the Branch:
6. IFSC Code:
7. MICR Number:
8. Contact Details:

7 Mobile Number:

Date: Full signature of the Applicant

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 ANNEXURE-V

AGREEMENT FOR LEASE

This Agreement for Lease (“Agreement”) executed on this day of , 2023,

By and Between
M/s. Bhubaneswar Development Authority (BDA), a statutory authority constituted by the Government
of Odisha under the Odisha Development Authorities Act, 1982 (Act 14 of 1982), having its office at
Akash Shova Building, Sachivalaya Marg, Bhubaneswar 751001 (PAN - ), represented by its
authorized signatory (Aadhar no. ) hereinafter referred to as the
“Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to
mean and include its successor-in-interest, executors, administrators and permitted assignees);

AND
Mr. , (Aadhar no. ) son of aged about , having its place of
residence at , (PAN ), hereinafter referred to as the “Allottee” (which expression
shall unless repugnant to the context or meaning thereof be deemed to include his heirs,
representatives, executors, administrators, successors-in-interest and permitted assigns as well as the
members of the said HUF, their heirs, executors, administrators, successors-in-interest and permitted
assignees).

The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and individually
as a “Party”.

WHEREAS:
A. The Promoter is the absolute and lawful owner of [khasra nos./ survey nos.] [Please insert land
details as per local laws] totally admeasuring square meters situated at in
Tehsil & District (“Said Land”) vide lease deed(s) dated registered as
documents no. at the office of the Sub-Registrar;
The Said Land is earmarked for the purpose of building a residential project, comprising
multistoried apartment buildings and [insert any other components of
the Projects] and the said project shall be known as ‘ ’ (“Project”);
B. The Said Land is earmarked for the purpose of building a residential project, comprising
multistoried apartment buildings and [insert any other components of the Projects] and the said
project shall be known as ‘DAYA ENCLAVE’ (“Project”);

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C. The Promoter is fully competent to enter into this Agreement and all the legal formalities with
respect to the right, title and interest of the Promoter regarding the Said Land on which Project is
being constructed have been completed;
D. The [Please insert the name of the concerned competent authority] has granted
the commencement certificate to develop the Project vide approval dated bearing no.
;
E. The Promoter has obtained the final layout plan approvals for the Project from
[Please insert the name of the concerned competent authority].
The Promoter agrees and undertakes that it shall not make any changes to these layout plans
except in strict compliance with section 14 of the RERA Act and other laws as applicable;
F. The Promoter has registered the Project under the provisions of the Act with the Real Estate
Regulatory Authority at on under registration no. ;
G. The Allottee had applied for an apartment in the Project vide application no. dated
and has been allotted apartment no. having carpet area of square feet,
type , on floor in [tower/block/building] no. (“Building”) along with covered
parking no. admeasuring square feet in the [Please insert the
location of the covered parking], as permissible under the applicable law and of undivided
interest share in the common areas (“Common Areas”) as defined under clause (n) of Section 2 of
the RERA Act (hereinafter referred to as the “Apartment” more particularly described in Schedule
A and the floor plan of the apartment is annexed hereto and marked as Schedule B);
H. The Parties have gone through all the terms and conditions set out in this Agreement and
understood the mutual rights and obligations detailed herein;
I. [Please enter any additional disclosures/details]
J. The Parties hereby confirm that they are signing this Agreement with full knowledge of all the
laws, rules, regulations, notifications, etc., applicable to the Project;
K. The Parties, relying on the confirmations, representations and assurances of each other to
faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all
applicable laws, are now willing to enter into this Agreement on the terms and conditions
appearing hereinafter;
L. In accordance with the terms and conditions set out in this Agreement and as mutually agreed
upon by and between the Parties, the Promoter hereby agrees to lease and the Allottee hereby
agrees to take lease the Apartment, undivided interest in the common area and the parking as
specified in Para G;

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 NOW THEREFORE, in consideration of the mutual representations, covenants, assurances,
promises and agreements contained herein and other good and valuable consideration, the
Parties agree as follows:

1. TERMS:
Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to lease to
the Allottee and the Allottee hereby agrees to take lease, the Apartment as specified in Para G;
The Total Price for the Apartment based on the carpet area is Rs. (Rupees
only ("Total Price"):
Break-up of amounts

Components Price
Cost of Apartment for Sft of Carpet Area Rs. /-
(including cost of covered parking & all common
facilities / utilities) with GST
Maintenance Charges for 12 months Rs. /-
Documentation Charges Rs. /-
Total Rs. /-
Apartment no. Rate of Apartment per square
feet*
Block/Building/Tower no.
Apartment Number
Type
Floor
Covered parking

Explanation:
i. The Total Price above includes the booking amount paid by the allottee to the
Promotor towards the Apartment;

ii. The Total Price above included Taxes (consisting of tax paid or payable by the
Promotor by way of Goods and Services Tax, Cess and such other taxes which may
be levied, in connection with the construction of the Project payable by the Promotor)
up to the date of handing over the possession of the Apartment to the allottee and
the project to the association of allottees or the competent authority, as the case
may be:

Provided that in case there is any change or modification in the taxes, the
subsequent amount payable by the allottee to the promotor shall be increased based
on such change or modification;

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 Provided further that if there is any increase in the taxes after the expiry of the
scheduled date of completion of the project as per registration with the Authority,
which shall include the extension of registration, if any, granted to the said project
by the Authority, as per the provisions of the RERA Act, the same shall not be
charged from the allottee;

iii. The Promoter shall periodically intimate to the Allottee, the amount payable as stated
in (i) above and the Allottee shall make payment within 30 (thirty) days from the
date of such written intimation. In addition, the Promoter shall provide to the Allottee
the details of the taxes paid or demanded along with the acts/rules/notifications
together with dates from which such taxes/levies etc. have been imposed or become
effective;
iv. The Total Price of Apartment includes: 1) pro rata share in the Common Areas; and
2) covered parking as provided in the Agreement.

The Total Price is escalation-free, save and except increases which the Allottee hereby
agrees to pay, due to increase on account of development charges payable to the
competent authority and/or any other increase in charges which may be levied or imposed
by the competent authority from time to time. The Promoter undertakes and agrees that
while raising a demand on the Allottee for increase in development charges, cost/charges
imposed by the competent authorities, the Promoter shall enclose the said
notification/order/rule/regulation to that effect along with the demand letter being issued
to the Allottee, which shall only be applicable on subsequent payments.
Provided that if there is any imposition or increase of development charges after the
expiry of the scheduled date of completion of the project as per registration with the
Authority, which shall include the extension of registration, if any, granted to the said
project by the Authority, as per the provision of the RERA Act, the same shall not be
charged from the allottee.
The Allottee(s) shall make the payment as per the payment plan set out in Schedule C of
this Agreement (“Payment Plan”).

It is agreed that the Promoter shall not make any additions and alterations in the
sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and
amenities described therein in respect of the apartment, plot or building, as the case may
be, without the previous written consent of the Allottee. Provided that the Promoter may
make such minor additions or alterations as may be required by the Allottee, or such minor
changes or alterations as per the provisions of the RERA Act.

19
 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after
the construction of the Building is complete and the occupancy certificate is granted by the
competent authority, by furnishing details of the changes, if any, in the carpet area. The
total price payable for the carpet area shall be recalculated upon confirmation by the
Promoter. If there is any reduction in the carpet area within the defined limit then
Promoter shall refund the excess money paid by Allottee within forty-five days with annual
interest at the rate specified in the ORERA Rules, from the date when such an excess
amount was paid by the Allottee. If there is any increase in the carpet area allotted to
Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the
Payment Plan. All these monetary adjustments shall be made at the same rate per square
feet as agreed in Clause 1.2 of this Agreement.
Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the
right to the Apartment as mentioned below:
i. The Allottee shall have exclusive ownership of the Apartment;
ii. The Allottee shall also have undivided interest in the Common Areas. Where the
interest of the Allottee in the Common Areas is undivided and cannot be divided or
separated, the Allottee shall use the Common Areas along with other occupants,
maintenance staff etc., without causing any inconvenience or hindrance to them.
(a) the promotor shall hand over the common areas to the association of allottees
after duly obtaining the occupancy certificate from the competent authority as
provided in the RERA Act.
iii. That the computation of the price of the Apartment includes recovery of price of land,
construction of not only the Apartment but also the Common Areas, internal
development charges, external development charges, taxes, cost of providing electric
wiring, electrical connectivity to the apartment, lift, waterline and plumbing, finishing
with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in
the common areas, maintenance charges as per clause 11 etc. and includes cost for
providing all other facilities, amenities and specifications to be provided within the
Apartment and the Project;
iv. The Allottee has the right to visit the project site to assess the extent of development
of the project and his apartment, as the case may be.
It is made clear by the Promoter and the Allottee agrees that the Apartment along with one
covered parking shall be treated as a single indivisible unit for all purposes. It is agreed
that the Project is an independent, self-contained Project covering the said Land and is not
a part of any other project or zone and shall not form a part of and/or linked/combined
with any other project in its vicinity or otherwise except for the purpose of integration of
infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and
amenities shall be available only for use and enjoyment of the Allottees of the Project.

20
 The Promoter agrees to pay all outgoings before transferring the physical possession of the
apartment to the Allottees, which it has collected from the Allottees, for the payment of
outgoings (including land cost, ground rent, municipal or other local taxes, charges for
water or electricity, maintenance charges, including mortgage loan and interest on
mortgages or other encumbrances and such other liabilities payable to competent
authorities, banks and financial institutions, which are related to the project). If the
Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any
liability, mortgage loan and interest thereon before transferring the apartment to the
Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay
such outgoings and penal charges, if any, to the authority or person to whom they are
payable and be liable for the cost of any legal proceedings which may be taken there for by
such authority or person.
The Allottee has paid a sum of Rs. ________ (Rupees ______only) as booking amount
being part payment towards the Total Price of the Apartment at the time of application the
receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay
the remaining price of the Apartment as prescribed in the Payment Plan as may be
demanded by the Promoter within the time and in the manner specified therein: Provided
that if the allottee delays in payment towards any amount for which is payable, he shall be
liable to pay interest at the rate specified in the ORERA Rules.
2. MODE OF PAYMENT
Subject to the terms of the Agreement and the Promoter abiding by the construction
milestones, the Allottee shall make all payments, on demand by the Promoter, within the
stipulated time as mentioned in the Payment Plan through /demand draft or online
payment (as applicable) in favour of ‘Bhubaneswar Development Authority’ payable at
‘Bhubaneswar’.
3. COMPLIANCE OF LAWS RELATING TO REMITTANCES
The Allottee, if resident outside India, shall be solely responsible for complying with the
necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve
Bank of India Act and Rules and Regulations made thereunder or any statutory
amendment(s) modification(s) made thereof and all other applicable laws including that of
remittance of payment acquisition/sale/transfer of immovable properties in India etc. and
provide the Promoter with such permission, approvals which would enable the Promoter to
fulfill its obligations under this Agreement. Any refund, transfer of security, if provided in
terms of the Agreement shall be made in accordance with the provisions of Foreign
Exchange Management Act, 1999 or statutory enactments or amendments thereof and the
Rules and Regulations of the Reserve Bank of India or any other applicable law. The
Allottee understands and agrees that in the event of any failure on his/her part to comply

21
 with the applicable guidelines issued by the Reserve Bank of India, he/she shall be liable
for any action under the Foreign Exchange Management Act, 1999 or other laws as
applicable, as amended from time to time.
The Promoter accepts no responsibility in this regard. The Allottee shall keep the Promoter
fully indemnified and harmless in this regard. Whenever there is any change in the
residential status of the Allottee subsequent to the signing of this Agreement, it shall be
the sole responsibility of the Allottee to intimate the same in writing to the Promoter
immediately and comply with necessary formalities if any under the applicable laws. The
Promoter shall not be responsible towards any third party making payment/remittances on
behalf of any Allottee and such third party shall not have any right in the
application/allotment of the said apartment applied for herein in any way and the Promoter
shall be issuing the payment receipts in favour of the Allottee only.
4. ADJUSTMENT/APPROPRIATION OF PAYMENTS
The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her
under any head(s) of dues against lawful outstanding, if any, in his/her name as the
Promoter may in its sole discretion deem fit and the Allottee undertakes not to
object/demand/direct the Promoter to adjust his payments in any manner.

5. TIME IS ESSENCE
The Promoter shall abide by the time schedule for completing the project as disclosed at
the time of registration of the project with the Authority and towards handing over the
Apartment to the Allottee and the common areas to the association of allottees or the
competent authority, as the case may be.

6. CONSTRUCTION OF THE PROJECT/ APARTMENT

The Allottee has seen proposed layout plan, specifications, amenities and facilities of the
Apartment and accepted the floor plan, Payment Plan and the specification, amenities and
facilities [annexed along with this Agreement] which has been approved by the competent
authority, as represented by the Promoter. The Promoter shall develop the Project in
accordance with the said layout plans, floor plans, specification, amenities and facilities.
Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such
plans approved by the competent Authorities and shall also strictly abide by the bye-laws,
FAR and density norms and provisions prescribed by the Planning and Building
Standards Regulations of BDA made time to time[Please insert the relevant State
laws] and shall not have an option to make any variation /alteration / modification in such
plans, other than in the manner provided under the Act, and breach of this term by the
Promoter shall constitute a material breach of the Agreement.

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7. POSSESSION OF THE APARTMENT
Schedule for possession of the said Apartment:
The Promoter agrees and understands that timely delivery of possession of the Apartment
to the allottee and the common area to the association of allottees or the competent
authority, as the case may be, is the essence of the Agreement. The Promoter, based on
the approved plans and specifications, assures to hand over possession of the Apartment
on within one month of receipt of Total Price, unless there is delay or failure due to war,
flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting
the regular development of the real estate project (“Force Majeure”). If, however, the
delivery of possession is delayed due to the Force Majeure conditions then the Allottee
agrees that the Promoter shall be entitled to the extension of time for delivery of
possession of the Apartment, provided that such Force Majeure conditions are not of a
nature which make it impossible for the contract to be implemented. The Allottee agrees
and confirms that, in the event it becomes impossible for the Promoter to implement the
project due to Force Majeure conditions, then this allotment shall stand terminated and the
Promoter shall refund to the Allottee the entire amount received by the Promoter from the
allotment within 45 days from that date and the promotor shall intimate the Allottee about
such termination at lease thirty days prior to such termination. After refund of the money
paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc.
against the Promoter and that the Promoter shall be released and discharged from all its
obligations and liabilities under this Agreement.
Procedure for taking possession - The Promoter, shall offer in writing the possession of
the Apartment, to the Allottee in terms of this Agreement to be taken within two months
from the date of receipt of Total Price for the apartment. Provided that, in absence of local
law, the conveyance deed in favour of the Allottee shall be carried out by the Promotor
within 3 months form the date of receiving the total Price for the apartment. The Promoter
agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the
provisions, formalities, documentation on part of the Promoter. The Allottee after
taking possession agree(s) to pay the maintenance charges as determined by the
Promotor / association of allottees, as the case may be. The promotor shall
handover the occupancy certificate of the apartment, as the case may be, to the
allottee at the time of leasing of same.

Failure of Allottee to take Possession of Apartment: Upon receiving a written

intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the
Apartment from the Promoter by executing necessary indemnities, undertakings and such
other documentation as prescribed in this Agreement, and the Promoter shall give
possession of the Apartment to the allottee. In case the Allottee fails to take possession
23
within the time provided in clause 7.2, such Allottee shall continue to be liable to pay
maintenance charges as applicable.
Possession by the Allottee - After obtaining the occupancy certificate and handing over
physical possession of the Apartment to the Allottees, it shall be the responsibility of the
Promoter to hand over the necessary documents and plans, including common areas, to
the association of the Allottees or the competent authority, as the case may be, as per the
local laws.
Provided that, in the absence of any local law, the Promoter shall hand over the necessary
documents and plans, including common areas, to the association of Allottees or the
competent authority, as the case may be, in line with the provisions of the RERA Act /
Rules.
Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his
allotment in the Project as provided in the RERA Act: Provided that where the allottee
proposes to cancel/withdraw from the project without any fault of the promoter, the
promoter herein is entitled to forfeit the booking amount paid for the allotment. The
balance amount of money paid by the allottee shall be returned by the promoter to the
allottee within 45 days of such cancellation.
Compensation –
The Promoter shall compensate the Allottee in case of any loss caused to him due to
defective title of the land, on which the project is being developed or has been developed,
in the manner as provided under the RERA Act and the claim for interest and
compensation under this section shall not be barred by limitation provided under any law
for the time being in force.
Except for occurrence of a Force Majeure event, if the promoter fails to complete or is
unable to give possession of the Apartment (i) in accordance with the terms of this
Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of
his business as a developer on account of suspension or revocation of the registration
under the RERA Act; or for any other reason; the Promoter shall be liable, on demand to
the allottees, in case the Allottee wishes to withdraw from the Project, without prejudice to
any other remedy available, to return the total amount received by him in respect of the
Apartment, with interest at the rate specified in the ORERA Rules within 45 days including
compensation in the manner as provided under the RERA Act.
Provided that where if the Allottee does not intend to withdraw from the Project, the
Promoter shall pay the Allottee interest at the rate specified in the Rules for every month
of delay, till handing over of the possession, which shall be paid by the Promoter to the
Allottee within forty-five days of it becoming due.

24
8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER
The Promoter hereby represents and warrants to the Allottee as follows
(i) The Promoter has absolute, clear and marketable title with respect to the said Land;
the requisite rights to carry out development upon the said Land and absolute,
actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent
Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
[in case there are any encumbrances on the land provide details of such
encumbrances including any rights, title, interest and name of party in or over such
land]
(iv) There are no litigations pending before any Court of law with respect to the said
Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect
to the Project, said Land and Apartment are valid and subsisting and have been
obtained by following due process of law. Further, the Promoter has been and shall,
at all times, remain to be in compliance with all applicable laws in relation to the
Project, said Land, Building a Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or
omitted to perform any act or thing, whereby the right, title and interest of the
Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development
agreement or any other agreement / arrangement with any person or party with
respect to the said Land, including the Project and the said Apartment which will, in
any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever
from selling the said Apartment to the Allottee in the manner contemplated in this
Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful,
vacant, peaceful, physical possession of the Apartment to the Allottee and the
common areas to the Association of the Allottees;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof
is owned by any minor and/or no minor has any right, title and claim over the
Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental
dues, rates, charges and taxes and other monies, levies, impositions, premiums,
damages and/or penalties and other outgoings, whatsoever, payable with respect to
the said project to the Competent Authorities till the occupancy certificate has been
issued and possession of apartment, plot or building as the case may be, along with

25
 common areas (equipped with all the specifications, amenities and facilities) has
been handed over to the allottee and the association of allottees or the competent ;
(xii) No notice from the Government or any other local body or authority or any legislative
enactment, government ordinance, order, notification (including any notice for
acquisition or requisition of the said property) has been received by or served upon
the Promoter in respect of the said Land and/or the Project.

9. EVENTS OF DEFAULTS AND CONSEQUENCES

Subject to the Force Majeure clause, the Promoter shall be considered under a condition of
Default, in the following events:
(i) Promoter fails to provide ready to move in possession of the Apartment to the
Allottee within the time period specified. For the purpose of this clause, 'ready to
move in possession' shall mean that the apartment shall be in a habitable condition
which is complete in all respects;
(ii) Discontinuance of the Promoter’s business as a developer on account of suspension
or revocation of his registration under the provisions of the Act or the rules or
regulations made thereunder.
In case of Default by Promoter under the conditions listed above, Allottee is entitled to the
following:
(i) Stop making further payments to Promoter as demanded by the Promoter. If the
Allottee stops making payments, the Promoter shall correct the situation by
completing the construction milestones and only thereafter the Allottee be required
to make the next payment without any interest; or
(ii) The Allottee shall have the option of terminating the Agreement in which case the
Promoter shall be liable to refund the entire money paid by the Allottee under any
head whatsoever towards the purchase of the apartment, along with interest at the
rate specified in the ORERA Rules within forty-five days of receiving the termination
notice:
(iii) Provided that where an Allottee does not intend to withdraw from the project or
terminate the Agreement, he shall be paid, by the promoter, interest at the rate
specified in the Rules, for every month of delay till the handing over of the
possession of the Apartment which shall be paid by the Promotor to the allottee
within forty-five days of it becoming due.
The Allottee shall be considered under a condition of Default, on the occurrence of
the following events:
(i) In case the Allottee fails to make payments for demands made by the Promoter as
per the Payment Plan annexed hereto, despite having been issued

26
 notice in that regard the allottee shall be liable to pay interest to the promoter on the
unpaid amount at the rate specified in the RERA Rules.
N.B-
In case RERA Rules does not specify any rate of interest, BDA is free to specify at its
own as specified in Section 19(7) of the RERA Act 2016.
(ii) In case of Default by Allottee under the condition listed above continues for a period
beyond two consecutive months after notice from the Promoter in this regard, the
Promoter shall cancel the allotment of the Apartment in favour of the Allottee and
refund the amount money paid to him by the allottee by deducting the booking
amount and the interest liabilities and this Agreement shall thereupon stand
terminated.
Provided that the Promoter shall intimate the allottee about such termination at
least thirty days prior to such termination.

10. LEASE OF THE SAID APARTMENT

The Promoter, on receipt of Total Price of the Apartment as per clause no. 1.2 under the
Agreement from the Allottee, shall execute a registered lease deed and convey the lease
hold rights of the Apartment together with undivided interest in the common area and
separately convey undivided proportionate title in the common Area to the association of
Allottees or competent authority as the case may be, to the Allottee. However, in case the
Allottee fails to deposit the stamp duty and/or registration charges within the period
mentioned in the notice, the Allottee authorizes the Promoter to withhold registration of
conveyance deed in his / her favour till payment of stamp duty and registration charges to
the Promoter is made by the Allottee.

11. MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT

The Promoter shall be responsible to provide and maintain essential services in the Project
till (i) taking over of the maintenance of the project by the association of the allottees or
(ii) one year of handing over of possession to the first allottee, whichever is earlier. The
cost of maintenance for such initial period of one year has been included in the Total Price
of the Apartment. In the event the association of allottees is not formed within the said
period of 1 years due to any reason which is beyond the control of BDA, BDA shall continue
to maintain the common area and collect the required maintenance charges from the
allottees.

[Insert any other clauses in relation to maintenance of project, infrastructure and

equipment]

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12. DEFECT LIABILITY
It is agreed that in case any structural defect or any other defect in workmanship, quality
or provision of services or any other obligations of the Promoter as per the agreement for
lease relating to such development is brought to the notice of the Promoter within a
period of 5 (five) years by the Allottee from the date of handing over possession, it
shall be the duty of the Promoter to rectify such defects without further charge, within 30
(thirty) days, and in the event of Promoter’s failure to rectify such defects within such
time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the
manner as provided under the RERA Act.

13. RIGHT TO ENTER THE APARTMENT FOR REPAIRS

The Promoter / maintenance agency /association of allottees shall have rights of
unrestricted access of all Common Areas, covered parking’s and parking spaces for
providing necessary maintenance services and the Allottee agrees to permit the association
of allottees and/or maintenance agency to enter into the Apartment or any part thereof,
after due notice and during the normal working hours, unless the circumstances warrant
otherwise, with a view to set right any defect.

14. USAGE
Use of Basement and Service Areas: The basement(s) and service areas, if any, as
located within the (project name), shall be
earmarked for purposes such as parking spaces and services including but not limited to
electric sub-station, transformer, DG set rooms, underground water tanks, pump rooms,
maintenance and service rooms, fire fighting pumps and equipment’s etc. and other
permitted uses as per sanctioned plans. The Allottee shall not be permitted to use the
services areas and the basements in any manner whatsoever, other than those earmarked
as parking spaces, and the same shall be reserved for use by the association of allottees
formed by the Allottees for rendering maintenance services.

15. GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT:

Subject to Clause 12 above, the Allottee shall, after taking possession, be solely
responsible to maintain the Apartment at his/her own cost, in good repair and condition
and shall not do or suffer to be done anything in or to the Building, or the Apartment, or
the staircases, lifts, common passages, corridors, circulation areas, atrium or the
compound which may be in violation of any laws or rules of any authority or change or
alter or make additions to the Apartment and keep the Apartment, its walls and partitions,

28
 sewers, drains, pipe 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, shelter etc. of the Building is not in any way damaged or jeopardized. The Allottee
further undertakes, assures and guarantees that he/she would not put any sign-board /
name-plate, neon light, publicity material or advertisement material etc. on the face /
facade of the Building or anywhere on the exterior of the Project, buildings therein or
Common Areas. The Allottees shall also not change the colour scheme of the outer walls or
painting of the exterior side of the windows or carry out any change in the exterior
elevation or design. Further the Allottee shall not store any hazardous or combustible
goods in the Apartment or place any heavy material in the common passages or staircase
of the Building. The Allottee shall also not remove any wall, including the outer and load
bearing wall of the Apartment. The Allottee shall plan and distribute its electrical load in
conformity with the electrical systems installed by the Promoter and thereafter the
association of allottees and/or maintenance agency appointed by association of allottees.
The Allottee shall be responsible for any loss or damages arising out of breach of any of the
aforesaid conditions.
16. COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY ALLOTTEE
The Parties are entering into this Agreement for the Allotment of a Apartment with the full
knowledge of all laws, rules, regulations, notifications applicable to the project.

17. ADDITIONAL CONSTRUCTIONS

The Promoter undertakes that it has no right to make additions or to put up additional
structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and
specifications , amenities and facilities has been approved by the competent authority(ies)
and disclosed, except for as provided in the RERA Act.

18. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE

After the Promoter executes this Agreement he shall not mortgage or create a charge on
the Apartment/Building and if any such mortgage or charge is made or created then
notwithstanding anything contained in any other law for the time being in force, such
mortgage or charge shall not affect the right and interest of the Allottee who has taken or
agreed to take such Apartment.

19. LAW ON APARTMENT OWNERSHIP

The Promoter has assured the Allottees that the project in its entirety is in accordance with
the provisions of the laws/rules / regulations for the time being in force.

29
 20. BINDING EFFECT
Forwarding this Agreement to the Allottee by the Promoter does not create a binding
obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and
delivers this Agreement with all the schedules along with the payments due as stipulated in
the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and
secondly, appears for registration of the same before the concerned Sub-Registrar as and
when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the
Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee
and/or appear before the Sub-Registrar for its registration as and when intimated by the
Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default,
which if not rectified within 30(thirty) days from the date of its receipt by the Allottee,
application of the Allottee shall be treated as cancelled and all sums deposited by the
Allottee in connection therewith including the booking amount shall be returned to the
Allottee without any interest or compensation whatsoever.
21. ENTIRE AGREEMENT
This Agreement, along with its schedules, constitutes the entire Agreement between the
Parties with respect to the subject matter hereof and supersedes any and all
understandings, any other agreements, allotment letter, correspondences, arrangements
whether written or oral, if any, between the Parties in regard to the said apartment, as the
case may be.

22. RIGHT TO AMEND

This Agreement may only be amended through written consent of the Parties.

23. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT

ALLOTTEES
It is clearly understood and so agreed by and between the Parties hereto that all the
provisions contained herein and the obligations arising hereunder in respect of the Project
shall equally be applicable to and enforceable against any subsequent Allottees of the
Apartment, in case of a transfer, as the said obligations go along with the Apartment for all
intents and purposes.

24. WAIVER NOT A LIMITATION TO ENFORCE

The Promoter may, at its sole option and discretion, without prejudice to its rights as set
out in this Agreement, waive the breach by the Allottee in not making payments as per the
Payment Plan including waiving the payment of interest for delayed payment. It is made
clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case
of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to
exercise such discretion in the case of other Allottees.
30
 Failure on the part of the Promoter to enforce 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.

25. SEVERABILITY
If any provision of this Agreement shall be determined to be void or unenforceable under the
RERA Act or the Rules and Regulations made thereunder or under other applicable laws, such
provisions of the Agreement shall be deemed amended or deleted in so far as reasonably
inconsistent with the purpose of this Agreement and to the extent necessary to conform to RERA
Act or the Rules and Regulations made thereunder or the applicable law, as the case may be,
and the remaining provisions of this Agreement shall remain valid and enforceable as applicable
at the time of execution of this Agreement.

26. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN

THE AGREEMENT
Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in
common with other Allottee(s) in Project, the same shall be the proportion which the carpet area
of the Apartment bears to the total carpet area of all the Apartments in the Project.

27. FURTHER ASSURANCES

Both Parties agree that they shall execute, acknowledge and deliver to the other such
instruments and take such other actions, in additions to the instruments and actions specifically
provided for herein, as may be reasonably required in order to effectuate the provisions of this
Agreement 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.

28. PLACE OF EXECUTION

The execution of this Agreement shall be complete only upon its execution by the Promoter
through its authorized signatory at the Promoter’s Office, or at some other place, which may be
mutually agreed between the Promoter and the Allottee, in after the Agreement is
duly executed by the Allottee and the Promoter or simultaneously with the execution the said
Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be
deemed to have been executed at Bhubaneswar.
29. NOTICES
That all notices to be served on the Allottee and the Promoter as contemplated by this
Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by
Registered Post at their respective addresses specified below:

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 Allottee: -
M/s. Name of Allottee
(Allottee Address)
Promotor: -
M/s Bhubaneswar Development Authority
Akash Shova Building,
Sachivalaya Marg,
Bhubaneswar, Odisha -751001

It shall be the duty of the Allottee and the promoter to inform each other of any change in
address subsequent to the execution of this Agreement 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 promoter or the Allottee, as the case may be.

30. JOINT ALLOTTEES

That in case there are Joint Allottees all communications shall be sent by the Promoter to the
Allottee whose name appears first and at the address given by him/her which shall for all intents
and purposes to consider as properly served on all the Allottees.

31. GOVERNING LAW

That the rights and obligations of the parties under or arising out of this Agreement shall be
construed and enforced in accordance with the RERA Acts, rules and regulations made
thereunder including other applicable laws of India for the time being in force.

32. DISPUTE RESOLUTION

All or any disputes arising out or touching upon or in relation to the terms and conditions of this
Agreement, 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 appointed under the RERA Act.

[Please insert any other terms and conditions as per the contractual understanding between the
parties, however, please ensure that such additional terms and conditions are not in derogation
of or inconsistent with the terms and conditions set out above or the RERA Act and the Rules and
Regulations made thereunder.]

IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed
this Agreement for lease at Bhubaneswar in the presence of attesting witness, signing as such on
the day first above written.

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SIGNED AND DELIVERED BY THE WITHIN NAMED
Allottee: (including joint buyers)
(1)
(2)
At on in the presence of:

SIGNED AND DELIVERED BY THE WITHIN NAMED

Promoter:
(1)
(Authorized Signatory)

WITNESSES:
1. Signature
Name
Address
2. Signature
Name
Address
SCHEDULE ‘A’ - PLEASE INSERT (1) DESCRIPTION OF THE APARTMENT AND (2) THE COVERED
PARKING
SCHEDULE ‘B’ - FLOOR PLAN OF THE APARTMENT
SCHEDULE ‘C’ - PAYMENT PLAN BY THE ALLOTTEE

Schedule-A
[PLEASE INSERT DESCRIPTION OF THE APARTMENT AND THE COVERED PARKING]

Schedule-B
[FLOOR PLAN OF THE APARTMENT]

Schedule-C

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PROJECT VIEW

34
UNIT PLAN

35
36
FLOOR PLAN

37
LOCATION MAP

38
39