MAINTENANCE AGREEMENT

This agreement executed at Chennai on this the ______ day of ___________________ 2017,
between M/s SSM BUILDERS & PROMOTERS, (IT PAN : ACCFS3394P), a Partnership
Firm, having its Registered Office at 78, II Main Road, Nagappa Nagar, Chromepet,
Chennai – 600 044 and a Site Office at SSM Nagar, Puthur Road, Alapakkam, New
Perungalathur, Chennai- 600 063, represented by one of its Partner
Mr. K. SELVAKUMAR, (Driving Licence No. TN22Z20110006089)
(Mobile No. 9444393243) S/o Sri. M. KARUPPANNAN, aged about 44 years, hereinafter
called the “AGENCY” of the One Part, the word AGENCY wherever it occur in these
presents, shall mean and include, themselves, their Legal representatives, successors
in interest and assigns.
AND
Sri/Smt---------------------, (IT PAN ---------------) (Driving Licence No. ------------------)
S/o, W/o, D/o ------------------ aged about --------- years residing at No -------------------
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hereinafter called the “OWNER” of the Other Part, the word OWNER wherever it occur
in these presents, shall mean and include, himself / herself / themselves, their Legal
heirs, representatives, executors, administrators, assigns, transferees and lessees.
WHEREAS the AGENCY, has promoted “SSM Nagar Housing Complex”, a Scheme of
Residential cum Commercial complex at SSM Nagar, Puthur Road, Alapakkam,
New Perungalathur, Chennai- 600 063 after complying with all statutory obligations.
WHEREAS the OWNER has purchased the Flat bearing No. ________ in the ______Floor
of the Building known as Block No. ___________ with a super built up area of ___________
sq. ft. in SSM Nagar, together with a Car Parking slot No.____ in the Stilt Floor of the
Block No. _______.
WHEREAS the Construction Agreement/Sale Deed between the AGENCY and the
OWNER interalia provide for maintenance of the following common areas, facilities and
amenities.
a. All the earmarked area, open space other than that are covered with
Buildings/Structures.

b. All the internal roads, link roads, pedestrian pathways, side foot path, storm
water drain, street lights, Avenue Trees, Plants, Fountains, Play Materials and all
other facilities thereon.

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 c. All water supply sources such as Open Wells, Bore-wells, Sumps, Pumps, Motors,
Pipe-lines, Electrical connections thereon, Pump rooms and connected service
areas thereon.
d. Sewerage Treatment Plants, Sewerage-lines, Machineries and all connected
services thereon.
e. Solid waste disposal arrangement

f. All Electrical Equipment and Appliances etc. that are situated/erected in the
Block or outside the Flat/Shop.

g. Lifts/Elevators in each Block/Building.

h. Power generators and connected services.
i. Open Terrace – Overhead Tanks and Water Supply Ring Mains.
j. 24 X 7 – Security arrangement
k. Painting of external walls of all Blocks once in 7 (seven) years.

WHEREAS the OWNER has enjoyable right and beneficial interest to access each and
every part of the common areas except prohibited zones, facilities and amenities and
since the same requires constant vigil and security for safeguarding, maintaining
and keeping the same in good shape and condition and the AGENCY has agreed to
maintain the same.

WHEREAS the OWNER interalia agreed with the AGENCY for payment of fee and
charges for maintaining the SSM Nagar Common areas, facilities and amenities, till an
alternative arrangement for maintenance of the said SSM Nagar is made as stipulated
in other documents.

WHEREAS the OWNER from the date of taking over possession of the Flat become
entitled to use the common facilities, amenities and areas, and has become liable to pay
the Maintenance charges at Rs.2/- per sq. ft., of the Super Built up area from this date
of handover.

WHEREAS it is mutually agreed that the clauses contained in the Construction

Agreement/Sale Deed shall be read in addition to and not in derogation of the clauses
contained in this agreement.

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WHEREAS it has become necessary to regulate the use and enjoyment of the common
facilities, amenities and areas in the SSM Nagar by the OWNER along with other
Co-owners/ Occupiers and whereas it is mutually agreed between the parties hereto
that the terms and conditions governing the use and enjoyment of facilities, amenities
and areas and for its maintenance, are to be reduced in writing.

THIS AGREEMENT WITNESSSETH AS FOLLOWS:

1. The OWNER shall pay on or before 10th of every month, in advance, in the
manner provided herein the maintenance charges payable in relation to the
Super Built up area at the rate of Rs. 2/- per sq. ft., together with applicable
GST, which is 18% as on date or other Government levies, without any delay
and demand from the AGENCY. The monthly maintenance charge is payable
by the Owner / Occupier to the AGENCY irrespective of wherever the premises
is occupied or vacant.

2. The monthly maintenance charges shall be paid through transfer of Funds in

the Bank A/c of SSM Builders & Promoters, the AGENCY, without delay,
default or failure.

3. There will be an increase in the maintenance charges every year and will be
on percentage basis over the previous year’s charges and will always be
rounded off to next Ten Rupees. Such percentage of increase will be 10% or
more. The increase will be in effect from April month of every year. The
OWNER shall be bound to pay such increased charges. The first increase will
be from April 2020. The Actual cost of Maintenance of SSM Nagar can be
arrived at only in March 2020 and then the yearly percentage increase will be
intimated to the Owners, which shall be payable from April 2020.

4. The OWNER agrees that on payment of the maintenance charges, the common
areas the amenities and the facilities outside the Flat and Block, of the
OWNER in the SSM Nagar shall be taken care of and maintained by the
AGENCY with utmost care.

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5. The OWNER shall always be guided by the information about the conditions
and status of the amenities, facilities and utilities from the Notice Board
placed in each Block and / or the communication sent to the email address
of the OWNER, as available in the records of the AGENCY.

6. The OWNER shall inform the AGENCY in writing/email about any matter
concerning the common areas, amenities, facilities and utilities which is likely
to affect his/her using and enjoying the same and the AGENCY shall attend
to such matter as expeditiously as possible. The AGENCY shall not take up
any responsibility to undertake to carry out the repairs and maintenance
works concerning water supply, sanitary, electrical and others within the
flat/shops. However, such works including replacement of minor items shall
be undertaken by the AGENCY on exclusive request in writing by the
Owner/Occupier and on payment.

7. The OWNER shall not be entitled, by virtue of having paid the Maintenance
charges, to the exclusive use of any of the common areas, facilities or
amenities and shall not use and enjoy the same to the detriment of the other
co-owners, occupiers.

8. The OWNER shall not be entitled to access any of the area earmarked as
prohibited areas including the plant area, the wells, sub-station, solar panel
areas, open terrace etc.

9. The OWNER shall not put up any Name Board, Sign Board in common areas
without the prior permission of AGENCY in writing and should any such
Board is placed without prior permission the same shall be removed without
any notice. This rule is applicable for the Owners of the Commercial Blocks
also.

The Shop Owners shall place their name boards only in front of the Shop
without encroaching the neighbour’s space. Any additional display Board
shall be placed only with the prior written sanction and at sole discretion of
the AGENCY.

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10. The OWNER shall not park the Vehicles in the common areas except the place
for which the OWNER has obtained right on payment. The AGENCY shall
provide maximum number of earmarked sheet metal covered car parking near
each block, on written request from the owner and on payment, on first come
first serve basis. A separate Agreement will be entered into between the
AGENCY and the OWNER for allotment of such car parking and on payment.
This arrangement, the AGENCY will undertake without any violation of CMDA
Norms. Guest vehicle coming into SSM Nagar, shall be parked in the visitors
parking area, without any hindrance to the free flow of traffic.

11. The OWNER agrees to abide by the decision of the AGENCY, in any matter
concerning the maintenances of SSM Nagar in the larger and general interest
of all the flat/shop owners.

12. The AGENCY shall do or cause to be done all the repair and maintenance of
all the common utilities and facilities on their own and/or on request from
OWNER / occupier.

13. The AGENCY shall keep all the common facilities, Utilities and amenities in
good shape and condition for better utilization and beneficial enjoyment by all
owners/occupiers.

14. The AGENCY shall ensure the continuous use and availability of all the
amenities, utilities and facilities on all days – 24 X 7, except the interruption
caused during regular service / maintenance, which will be informed to the
OWNER, in advance.

15. The AGENCY shall keep and ensure all the Machineries, Instruments,
Equipments, Lifts, Power Generators, Sewerage Treatment Plants, Drains,
Pipes, Lights, etc. in good and working condition, at all the time.

16. The OWNER shall not throw wastes, degradable or non- degradable and other
wastes in the common areas, staircases, pathways, passages etc., under any
circumstances.

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17. The AGENCY shall arrange or cause to be arranged, to collect from every flat
all the solid wastes once a day and the OWNER shall deposit such wastes
externally at a place ear marked for that purpose without causing any
nuisances, annoyance to others and keep the premises in hygienic condition,
as the interests and welfare of the larger community is involved.

18. The OWNER has already paid to the AGENCY the sum of Rs. ____________/-
as non-refundable deposit, as onetime payment at the time of purchase of the
Flat and the same will be valid as long as the Owner retains the property and
is not transferable to successive owners except to the legal heirs by
inheritance.

19. The OWNER specifically agrees that in the event of his / her failure to pay the
maintenance charges payable, within the due date, the AGENCY shall be
entitled to disconnect the water supply and solid waste collection. The
defaulted Owner /Occupier will be served with a week’s notice in writing for
disconnection. The defaulted Owner / Occupier shall pay Rs.250/-for the
reconnection charges together with the defaulted amount for continuance of
the use of said amenities.

20. It is mutually agreed that the decision of the AGENCY shall be final and
binding on the OWNER / occupier on any matter concerning the terms and
conditions of this Agreement.

21. The OWNER in case transfers the ownership right of the Flat together with
the UDS land and right to use the car parking area together, the OWNER and
the Transferee shall pay each a fixed transfer fee of Rs.5,000/- to the AGENCY
to update its records. Such request shall be accepted by the AGENCY only on
a joint written application in the prescribed format.

Such one time payment should be made to the AGENCY in the standard
prescribed format available on the website along with a bank demand draft in
favour of the AGENCY for the above said value, together with a photocopy of
the new Sale Deed.

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22. The AGENCY, on written request from the Transferee, in the prescribed
format, along with the payment of non-refundable deposit in the form of
demand draft, as may be fixed by the AGENCY from time to time, shall enter
into this Maintenance Agreement with the Transferee, which will be binding
both on the AGENCY and the Transferee from thereon. On compliance of the
process, the AGENCY shall ensure the continuance of the maintenance
service.

23. The OWNER shall avail the Fibre to Home Facility – Cable T.V, Landline
Telephone and Internet connection – Wifi from M/s Limras Eronet Broadband
Service Pvt. Ltd. on such terms and conditions in the
manner required by them and as detailed below.
(i) The SSM Builders & Promoters has requested M/s Limras Eronet
Broadband Service Pvt. Ltd. to provide the following facilities / services
for the Owners/Occupiers of SSM Nagar on stipulated terms and
conditions.
- Internet Broadband with WIFI Facility
- Landline
- Digital Cable TV with Set Top Box

(ii) The above said Service Provider is an authorized Internet Service

Provider, holding a Category A License No. 820-982/07-LR dated
08.02.2008 valid for 15 years from the Department of
Telecommunication (DOT), Government of India, to provide internet
services on an all India basis under the applicable licenses.

(iii) All the above services are in the electronic refill form by Refilling /
Recharging Prepaid Card through “eTopup” Server.

(iv) In every Flat, concealed cable provision has been made to avail the
above services in the living by default. Wherever, the Purchaser, under
customization has opted for the same facility in Master Bed, Bed 2 and
Bed 3 were provided on extra payment.

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(v) The services made available by this Service Provider is of the most
updated technology available world-wide and this Fibre enabled home
can accommodate future inventions also.

(vi) The services provided are 24 X 7 - all weather proof. The faults will be
attended and service resumed immediately, on call. However, things
beyond human control has to be tolerated.

(vii) The Builder has provided free accommodation to this Service Provider
for their installations and maintenance and assured all support for
their proposed services.

(viii) No other competitor of the same service will be permitted to operate

within SSM Nagar due to technical, operational, safety and other
reasons. When two third owners of the entire SSM Nagar (i.e) when the
entire sale of flats/shops are completed, desires in writing for a
change, they are at liberty to opt for a change according to their terms.

(ix) The Flat Owner has to submit the Customer Application Form (CAF)
along with a Non-Refundable Deposit of Rs. 5,000/- in favour of SSM
Builders & Promoters and another cheque for Rs.5,000/- plus
applicable GST (18%) in favour of M/s Limras Eronet Broadband
Services Pvt. Ltd. towards the cost of Optical Network Unit (ONU) and
Set Top Box.

(x) The current tariff for different services are as hereunder

Cable TV*

Payment 150 Channels 250 Channels 350 Channels

Mode ( Pluto ) ( Earth ) ( Mars )

Monthly Rs. 175/- pm Rs.225/- pm Rs.300/- pm

Half-Yearly Rs. 145/- pm Rs.190/- pm Rs.260/- pm

Annual Rs. 125/- pm Rs. 175/- pm Rs. 230/- pm

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 Internet and Landline*
Cost /
Sl. NO. Speed Limit
Month

1 1 Mbps Rs. 599/- Truly Unlimited

2 2 Mbps Rs. 699/- Truly Unlimited

3 4 Mbps Rs. 799/- Truly Unlimited

4 5 Mbps Rs. 999/- Truly Unlimited

5 10 Mbps Rs. 1499/- Truly Unlimited

6 15 Mbps Rs. 1999/- Truly Unlimited

7 20 Mbps Rs. 2499/- Truly Unlimited

High Speed Plans*

Speed Post
Sl. No. Speed Cost / Month Limit
Limit

1 5 Mbps Rs. 699/- 25 GB 512 Kbps

2 10 Mbps Rs. 799/- 40 GB 512 Kbps

3 20 Mbps Rs. 899/- 60 GB 512 Kbps

4 40 Mbps Rs. 999/- 150 GB 512 Kbps

5 60 Mbps Rs. 1111/- 200 GB 1 Mbps

6 75 Mbps Rs. 1333/- 250 GB 1 Mbps

7 100 Mbps Rs. 1555/- 300 GB 1 Mbps

*GST at 18% will be charged extra.

The above rates are well bargained and most competitive. The tariff can fluctuate
either way according to the technology development and the policy of Telephone
Regulatory Authority of India (TRAI).

Option of each item above is independent of the others. However, the payment
referred to in S.No. (ix) will remain the same.

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 Additional TV connection in the same flat will be treated as a separate connection
for the purpose of billing. But the initial payment in S.No. (ix) will remain same.
Additional cost for Set Top Box alone need to be paid extra, which is Rs.1,700/-.

(xi) The Flat Owner is at liberty to have his/her own facility by installing the DTH
device within their four walls of the flat. It is to be specifically brought out here
that, as the Blocks are designed in such a way confirming to other technical
standards, the receiving of signal will be negligible or zero level in some directions.

(xii) The Wifi internet facility can be availed by using individual username and
password within the SSM Nagar Complex through Wifi, wherever the facility is
made available.

24. It is hereby agreed between the parties that for operational, security,
administrative, technical and other sufficient and justifiable reasons, no other
service provider will be allowed in SSM Nagar to provide the Fiber to the Home
Facility, Cable TV Service, Landline and Internet services.

25. No external projections of DTH antenna or cables will be allowed outside the
Flat or at the terrace.

26. The OWNER shall fix the out door unit of the Air Conditioner in the Balcony
area of the Flat. The OWNER shall be allowed to install the outdoor unit of the
Air Conditioner on the sun-shade or the nearby external wall using a bracket
arrangement, wherever there is no balcony facility available in the Flat. The
safety and security of the worker involved in the installation of Air Conditioner
shall be the responsibility of the OWNER.

Wherever the rope ladder arrangement is to be used from the terrace for the
installation of the Air Conditioner Unit, the AGENCY shall provide necessary
permission to the OWNER, upon written request and at the cost of the OWNER
and under the direct supervision and control of the AGENCY.

27. The lift arrangement provided in the Block is an automatic one and that there
will not be any lift Attendant / Operator and the OWNER has to take necessary
precautions while aged persons and children use the lift and that the AGENCY
is not in any way responsible for the safety and security in this regard.
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28. The AGENCY shall ensure 24 x 7 security. However, as the SSM Nagar is not a
gated community, the two/four wheeler and other vehicles parked in the stilt
floor / earmarked location is at the sole risk and responsibility of the OWNER.

29. No encroachment in any form – by projection or any movable shelter, either by

the OWNER or any other person within SSM Nagar will be permitted and if any
such encroachment is found, it will be instantly removed without any notice and
at the cost of the OWNER.

30. The OWNER shall be bound and undertakes to instruct / direct his / her / their
Tenant to abide by the terms of this Agreement. All the stipulations in this
AGREEMENT shall have direct binding on the Tenant / Occupier. It is the
responsibility of the OWNER to inform the AGENCY in writing in the prescribed
format regarding the details of the Tenant /Occupier from time to time.

31. The OWNER / occupier shall not under any circumstances shall have any pet
animals / birds, which is likely to cause nuisance or annoyance to neighbours.

32. It is mutually agreed that the OWNER / occupier shall scrupulously follow the
terms of this Agreement for the beneficial interest of all concerned.

33. Any breach by the owner / occupier of the terms of this Agreement shall be
construed as detrimental to the welfare and interest of all the other co-owners
/ occupiers of SSM Nagar is concerned. Appropriate remedial action shall be
initiated against such defaulting OWNER / occupier and the cost thereon will
be recovered from the defaulter.

34. The AGENCY agree to provide an independent Solar Panel of 500 watts with an
inverter to the Residential Flat OWNER under reference within 24 months from
the date of execution of this Agreement. However, the maintenance of Solar
Panel and the Inverter shall be to the account of the OWNER. There will not be
any Solar Panel provision for Commercial Shops.

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 35. The AGENCY declares and the OWNER agrees that all the plans / technical
details /drawings that are instructed to be exhibited to the owner as per the
Environmental Clearance (EC) and the Orders of Hon’ble National Green
Tribunal, Main Bench, New Delhi are made available in the office of the AGENCY
and the OWNER with prior written request and appointment shall have every
right to inspect such documents during the working hours.

36. Copy of the Environmental Clearance (E.C) issued by STATE LEVEL

ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), TAMILNADU vide
its order No. SEIAA/TN/F.1571/EC/8(b)/458/2013 dated 04.04.2016 is
handed over to the OWNER and the receipt of the same is hereby acknowledged
by the OWNER.

37. It is hereby agreed between the AGENCY and the OWNER that in the matter of
dispute in Maintenance Service by the AGENCY, the AGENCY shall deal only
with the aggrieved OWNER, individually.

38. This Agreement shall always be read in conjunction with all the earlier
documents entered into between the OWNER and SSM Builders & Promoters
and the same shall have legal tenacity with all successive Transferees of the Flat
in SSM Nagar. The possession Handing Over of the flat/shop and signing of this
Maintenance Agreement shall be concurrent.

IN WITNESS WHEREOF THE AGENCY AND THE OWNER HAVE SET THEIR
RESPECTIVE HAND AND SIGNED THIS MAINTENANCE AGREEMENT ON THE DAY,
MONTH AND YEAR FIRST ABOVE WRITTEN.

WITNESSES:

1)
AGENCY

2) OWNER/s

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