AGREEMENT TO SALE

THIS AGREEMENT IS MADE ON THIS THE ______ DAY OF _________2016.

AT SILIGURI

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 BETWEEN

SRI ASHISH KUMAR DUBEY, Son of Sri Tarakeshwar Dubey, Service by

occupation, by faith Hindu, residing at Vastu Vihar, Joshi Kunj Building,
1st Floor, Opp. of Aakashvani Bhawan, Sevoke Road, P.S. Bhaktinagar,
Siliguri – represented by its authorised and appointed Attorney M/S
TECHNOCULTURE BUILDING CENTRE PRIVATE LIMITED (the “Third
Party” of these presents) of Siliguri - hereinafter called and referred to as
the “VENDOR” (which term or expression unless otherwise excluded by
or repugnant to the subject or context shall be deemed to mean and
include his respective heirs, executors, administrators, legal
representatives and/or assigns) of the FIRST PART.

AND
Mrs.Durga Rai, Wife of Late Gopal Rai, Service by Occupation, Hindu by
faith, Indian by Nationality, Resident of Power House Complex Queater
No.G16 Sevoke Road 2nd Mile Siliguri-734001- Hereinafter called the
“PURCHASER” (which expression shall unless excluded by or repugnant
to the context be deemed to include her heirs, executors, successors,
representatives, administrators and assigns) of the SECOND PART.

AND

M/S TECHNOCULTURE BUILDING CENTRE PRIVATE LIMITED, a

private limited company, registered under Companies Act, 1956, bearing
certificate of Incorporation no. U45200BR2002PTC9767 dated
25.02.2002, having its regional office at Vastu Vihar, Joshi Kunj Building,
2nd Floor, Sevoke Road, Opposite to Akashwani Bhawan, P.O. Siliguri, P.S.
Bhaktinagar, Dist. Jalpaiguri in the State of West Bengal, being
represented by its Authorized Signatory Yosada Sunwar @ Yoshoda
Sunwar, Daughter of Sri Phulman Sunwar, Hindu by faith, Indian by
Nationality, residing at Toribari, P.O. Salugara, P.S. Bhakti Nagar, in the
District of Jalpaiguri - Hereinafter called the “BUILDER/CONFIRMING
PARTY” (which expression shall unless excluded by or repugnant to the
context be deemed to include its Directors, executors, successors-in-
office, representatives, administrators and assigns) of the THIRD PART.

WHEREAS Sri Asish Kumar Dubey, (The “Vendor” abovenamed) became

the sole and absolute owner of one landed property measuring about 320
decimal, recorded in L.R. Khatian No. 260,261,263,289 & 1153
appertaining to R.S. Plot Nos. 218,221,222,231,223,230,231 & 233,
corresponding to L.R. Plot Nos. 476,480,739,740,741,759,772,773,774 &
775, Situated within Mouza - Panchkulguri, J.L. No. 59, Touzi No. 91,
Pargana – Patharghata, P.S. Matigara, Under Patharghata Gram Panchyat,
Dist. Darjeeling, by two registered Deed of Sale out of which one was
registered on 14/08/2012 being Deed number I-07868 registered in
Book – I, CD Volume no. 25, Pages from 923 to 936 for the year 2012 and
another was registered on 11/09/2012 being Deed number I-08822

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registered in Book – I, CD Volume no. 34, Pages from 582 to 596 for the
year 2012 both were registered in the office of the Additional District
Sub-Registrar Siliguri II, at Bagdogra and by the aforesaid transfer Sri
Asish kumar Dubey became the sole and absolute owner of the
abovementioned land in its actual khas and physical possession having
permanent, heritable and transferable right, title and interest therein free
from all encumbrance and charges whatsoever.

AND WHEREAS being the absolute owner of the land measuring 320
decimal, Sri Asish kumar Dubey mutated his name in the record of right
vide L.R. Khatian no. 1373.

WHEREAS the above named Third Party M/S TECHNOCULTURE

BUILDING CENTRE PVT. LTD., being a developer has entered into a
registered “DEED OF AGREEMENT” with the First Party i.e. SRI ASISH
KUMAR DUBEY, being Deed no. I-7000 and registered in Book no. I , CD
Volume no. 16, Pages from 1527 to 1543, for the year of 2013 in the Office
of Additional District Sub Registrar Siliguri II at Bagdogra on
17/07/2013, to develop dwelling houses or flats on a plot of land
measuring about 152 decimal, recorded in L.R. Khatian No. 1373 and in
L.R. Plot Nos. 476, 480, 740, 741, 759, 772, 773 of Mouza- Panchkulguri,
P.S. Matigara, Pargana- Patharghata, situated within the local limits of
Patharghata Gram Panchayet, Dist - Darjeeling more fully and particularly
described in the Schedule “A” herein below and proposed to construct
flats of various size on the landed property with all common services to
the interest of intending buyers or proposed flat owners “on ownership
basis” in the project namely “Vastu Vihar” at Siliguri, Phase-1.

AND WHEREAS Mr. Asish Kumar Dubey executed another registered

Power of Attorney being Deed No. IV-644 and registered in Book no. IV,
CD Volume no. 1, Pages from 7088 to 7101, for the year of 2013 in the
Office of Additional District Sub Registrar Siliguri II at Bagdogra on
17/07/2013 empowering, appointing and authorizing M/S
TECHNOCULTURE BUILDING CENTRE PVT. LTD. i.e. “The Confirming
Party” of these present, as his loyal attorney to execute all the Deeds,
things and acts on his behalf.

AND WHEREAS the Builder/Confirming Party has formulated a scheme to

enable a person/party intending to have own dwelling houses or flat in
the said plot of land and building along with the undivided proportionate
share and interest on the land. The proportionate share or interest to be
determined according to the constructed area comprising the unit or
premises proportionate to the total constructed area on the said land.

AND WHEREAS the Vendor and the Builder has now firmly and finally
decided to sell and has offered for sale to the purchaser a flat being
No.403(C) at 4th floor measuring about 400 sq. ft. (the measurement
of which includes the common proportionate area) the measurement of

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which includes common proportionate area, more particularly described
in the Schedule-‘B’ given herein below.

AND WHEREAS the Purchaser being in need of a flat in ownership in the

Schedule - A property and after inspecting and verifying the documents
of title of Vendor to the said land and considering the price so offered by
the vendor and the Builder as fair and reasonable has agreed to purchase
from the Vendor and the Builder said flat, more particularly descried in
the Schedule ‘B’ given herein under free from all encumbrances, charges,
liens, lispendences, attachments, mortgages and all or any other liabilities
whatsoever with sole, absolute, exclusive, transferable and irrevocable
right, title and interest for the said flat for a valuable consideration of
Rs.5,00,000/- (Rupees Five Lakhs only ). Apart of this amount
purchaser have to pay Rs.85, 000/-(Rupees Eighty Five Thousands
Only) for OOE & Lift Charges.

AND WHEREAS the Builder shall prepare building plans and shall submit
the same in the concern office of the and shall accordingly proceed
towards construction of the unit and take all possible steps for the
approval of the building plan and shall make access road within project of
“Vastu Vihar Campus” moreover drainage, sewerages and shall provide
necessary services to the proposed flat owners and may charge
maintenance as decided thereon.

AND WHEREAS the Vendor requested the Purchaser/s to make the

payment to the Builder.

AND WHEREAS the parties have agreed to execute these agreement to

avoid all legal complications and misunderstandings of any kind or
nature, if any, between the parties including their heirs in future.

NOW THIS AGREEMENT INCLUDING ALL ITS TERMS AND

CONDITIONS HEREUNDER MENTIONED:

1) That the Third party/Builder shall construct the proposed flat

described in the schedule B herein below at the cost of Rs.5,00,000/-
(Rupees Five Lakhs) only.

and the construction cost shall be paid by the Second party to the Third
party as per the payment Schedule annexed hereunder in Schedule III.

2) That the price of the flat is based on the prevailing market rate of the
building materials, labors and other inputs. There is no price escalation
i.e.; the cost of the construction shall not be affected with increase in
market rate. It shall be fixed.

3) That the allotment of the flat shall be subject to acceptance and

confirmation in writing by the Third party and only after completing 25

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% of the cost of unit and services. (Mere application with deposit of
booking registration and or earnest money shall not entitle the second
party to allotment of the property)

4) That the choice of the property shall be based on first come first serve
basis, the allotment shall be made by the Third Party and shall be binding
on the allotted member i.e. the second party.

5) That the building shall be constructed according to the Sanctioned

building Plans and designs by the appropriate authorities and
specifications prescribed in the schedule hereunder. If on any reason, any
changes are required to be made by the order of the sanctioning
authorities or by the architect or builder resulting in increase or
reduction of the built up area or any change in the shape or location of the
property then no claim monetary or otherwise, will be raised or accepted,
except the rate per Square Feet will be applicable on such change in area.

6) That the Third party/Builder shall complete the construction of such

flat so booked by the Second party within 24 months from the date of
Map Approval or Sanctioned Building Plan & subject to availability of
raw materials like cement, steel, bricks, stones etc. The Builder shall not
be liable for delay due to unavoidable circumstances including the act of
God or natural calamities. And Flat will be handover to second party only
after the clearance of all unit cost including necessary charges.If there is
any loss or damage during the construction period due to natural
calamities the builder/Third Party shall not be liable to pay or
compensate any damage or loss to the second party.

7) That the intending flat Purchaser shall pay the Builder the cost of
construction and other services cost in total sum of Rs. 5,85,000/- ( Five
Lakhs Eighty Five Thousand only ), with additional (O.O.E & Lift
Charges) other charges.

8) That the Second Party shall pay all the nominal charges such as
technical, legal etc. as may be fixed by the Third party and the flat/unit
registration fees/charges shall be borne by the second party.

9) That under no circumstances the proposed flat shall be delivered to

the second party unless all the payment is paid or required to be paid
under his agreement. Without prejudice to other clauses of these presents
the Purchaser shall be liable to pay interest @ 1.5% per month. for any
delay in making the payment as per Annexure III.

10) That the second party shall pay the extra charges decided by the
Third Party for any addition, alteration, design, other than the
specification attached herewith.

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11) That the Builder shall use all standard materials, fittings, etc. as per
specifications of construction of the proposed flat and as per the
specification mentioned in Annexure II.

13) That the Purchaser/s shall not do any act, deed or thing or create any
nuisance where the development/construction work is going on.

14) That the Second Party shall not demolish or cause to be demolished
the said flat or any part thereof nor shall make any alteration or
modification in such a manner so as to damage or injury the neighbouring
flat and shall not change the basic construction of the flat and building.

14) That the Second Party shall use the premises for residential/office
purpose but shall not convert the flat into an industrial unit or animal
husbandry.

15) The Second party has entered into this contract/ agreement along
with the Third party with full knowledge and subject to all laws, bye-laws,
notification and rules enforced by the government and applicable to the
Construction area and as any be amended from time to time.

16) That this agreement shall always be subject to the provision of the
Law and Act of any modification, amendment or re-enactment thereof for
the time being in force.

17) That the Purchase shall have the right to inspect or verify the
construction during the period of construction.

18) That the space for car and scooter parking may be delivered to the
interested Purchaser on the basis of first come first serve and the
Purchaser shall have to pay additional amount for the space as may be
fixed by the Builder.

19) That the Purchaser have no authority to install any cable connection
point or telephone connection point on the vacant roof, the Builder shall
install separate cable and telephone network socket on receipt of extra
payment.

20) That any kind of tax/fee imposed or levied by the Local

Authority/Central Govt/State Government related to the flat and the
concerned building that shall be borne by the purchaser in proportion to
the area acquired under this agreement and shall be payable immediately
on demand.

21) That the Purchaser shall have to apply for the electricity and water
connection of his flat at its own, the Builder shall not be responsible for
any of these connection set up or permission.

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21) That any disputes, controversies or conflicts ("Disputes") arising
out of this Agreement between the Parties or arising out of or relating to
or in connection with this Agreement or the performance or non-
performance of the rights and obligations set forth herein or the breach,
termination, invalidity or interpretation thereof shall be referred for
arbitration in terms of the Arbitration and Conciliation Act, 1996 or any
amendments thereof. Prior to submitting the Disputes to arbitration the
Parties shall resolve to settle the Dispute/s through mutual negotiation
and discussions. In the event that the said Dispute/s are not settled
within thirty (30) days of the arising thereof, the same shall finally be
settled and determined by arbitration in accordance with the Arbitration
and Conciliation Act, 1996 or any amendment thereof. The place of
arbitration shall be at Siliguri.
22) This Agreement shall be governed by the laws in India and courts in
Siliguri only shall have exclusive jurisdiction over matters relating to or
arising from this Agreement.

23) Force Majeure. (a) If a Force Majeure Event occurs, the party that
is Force Majeure. (a) If a Force Majeure Event occurs, the party that is
prevented by that Force Majeure Event from performing any one or
more obligations under this agreement (the “Nonperforming Party”)
will be excused from performing those obligations.

(b) Force Majeure Event” means any cause(s) which render(s) a Party wholly
or partly unable to perform its obligations under this Agreement (other than
obligations to make payments when due), and which are neither reasonably
within the control of such Party nor the result of the fault or negligence of such
Party, and which occur despite all reasonable attempts to avoid, mitigate or
remedy, and shall include acts of God, war, riots, civil insurrections, cyclones,
hurricanes, floods, fires, explosions, earthquakes, lightning, storms, chemical
contamination, epidemics or plagues, acts or campaigns of terrorism or
sabotage, blockades, embargoes, accidents or interruptions to transportation,
trade restrictions, acts of any Governmental Authority after the date of this
Agreement, strikes and other labor difficulties, and other events or
circumstances beyond the reasonable control of such Party.

SCHEDULE-A
(Schedule of Land)

ALL THAT piece or parcel of homestead vacant Land measuring about

152 Decimals recorded in L.R. Khatian No. 1373, L.R. Plot No.
476,480,740,741, 759,772,773 of Mouza - Panchkulguri, Police Station
Matigara, Pargana Patharghata, A.D.S.R. Siliguri –II at Bagdogra, situated
within the local limit of patharghata Gram Panchayet area District-
Darjeeling, West Bengal.

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 SCHEULE - B
(Description of the proposed flat)

The Flat no. -403, 4th Floor, Block C “Nano” (only 400) measuring
about 400sq.ft. Grade “Deluxe)”
The flat measuring more or less 400sq. ft. including Super built-up-area
of each Unit on the Floor to be constructed out of the plot described in
the above mentioned schedule” A” above together with all services and
specifications as stated hereinabove which is bounded and butted as
follows:

North : Stair/Ladder

South : Open Space

East : Open Space

West : Flat No.-402

Schedule ‘A’ above together with all services and specification as stated
herein agreement deed.

SCHEDULE-C
Annexure -II

Specifications for Siliguri:-

Name: - Mrs.Durga Rai

Unit No. –403, 4th Floor,
Block – C (Nano), Grade –Deluxe, Phase – 1, Project –Siliguri

Sl No. Particular Deluxe

1 Floor Finish Ceramic Tiles
2 Structure Frame
3 Wall Paint POP with Whether shield
Tiles 10’’X12’’
4 Bathroom
5’ Height
5 Kitchen Top 2” Tiles above Top
6 Door frame Steel Grill
7 Flats Windows Steel Grill
8 Elect. Fitting Anchor
9 C.P. Fitting Standard
10 Ceiling P.O.P.

IN WITNESS WHEREOF the first party and the second party has/have
here unto set their respective hands at Siliguri on the day, month and
year above written.

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 SCHEDULE-D
Annexure -III
Schedule of Payments
Booking amount : - RS. 1,50,000/-
Plinth Level :- RS. 50000/-
At Ground Floor Level :- RS 50000/-
At 1 floor Level
st :- RS 50000/-
At 2 floor Level
nd :- RS 50000/-
At 3 floor Level
rd :- RS 50000/-
At 4 floor Level
th :- RS 50000/-
At Finishing Level :- RS 50000/-
-------------------------------------------------------------------------------------------
Unit Cost : - RS. 5, 00,000/-
---------------------------------------------------------------------------------------------
Note*
10. O.O.E & Lift Charges- 85000/- (Rupees Eighty Five Thousands only)
11. Service tax will be charge as per Govt Rules.
12. Corner Charges 5% of Unit Cost Rs.25000/- (Twenty Five
Only)
13. Cost of registry will be on actual basis

WITNESSES:

1.
SIGNATURE OF THE FIRST PARTY

2.
SIGNATURE OF THE SECOND
PARTY

SIGNATURE OF THE THIRD PARTY

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