1. I/we have applied for allotment of a plot in the ABA Infratech Pvt Ltd. Project named as “Rail Park” (“said Project”) to be developed by M/s ABA Infratech Pvt Ltd (hereinafter referred to as the “Company”) on land situated at Village- Saraila, Fatehpur, U.P.
2 . Notwithstanding anything contained herein in this Application, I/we understand that my/our Application will be considered as valid and proper only upon realization of the amount tendered along with this application and submission of all relevant documents.
3. Before applying for allotment of plot, I/we have fully satisfied myself/ourselves about the nature of rights, title, interest of the Company in the said Project, which is to be developed/constructed by the Company as per the prevailing bye-laws/guidelines of the Development Authority has further understood all limitations and obligations in respect thereof. I/we further agree to abide by the terms and conditions of all the permissions, sanctions, directions etc.
4. I/we hereby agree that the allotment of plot depends on the mutual consent between the company and me/us as per the availability. The allotment of the said plot shall be provisional and shall be confirmed on the issuance of Letter of Allotment on the Company’s standard format which has been read and understood by me/us.
5. I/we acknowledge that the Company, as and when demanded by me/us, has provided all information & clarifications as required by me/us. and the Project and the said plot (including the size and dimensions and any other physical characteristics thereof), services to be provided by the Company, estimated facilities/amenities to be made available to me/us or any other data except as specifically represented in this the Application and that I/we have relied solely on my/our own judgment and investigation(s) for applying for allotment of the said plot.
6. All payments by the applicant shall be made to the Company through Demand Drafts/ Cheques/ RTGS drawn upon scheduled banks in favor of “ABA Infratech Pvt Ltd” payable at par at Lucknow.
7. I/we agree to the fact that the company will provide me/us with Allotment Letter/ Agreement after the payment of 30% of the total amount of the said plot/s from me/us.
8. The Allottee/s upon offer of possession agrees to enter into a maintenance agreement with the company owners or any other nominee/agency/association or other body as may be appointed /nominated by the company (hereinafter referred to as the Maintenance Agency) from time to time for the maintenance and upkeep of the rail park.
9. I/we shall before taking possession of the plot, must clear all the dues towards the plot and have the Conveyance Deed for the said plot executed in my/our favor by the Company after paying applicable stamp duty (if applicable), registration fee and other legal charges/ expenses.
10. I/we agree that the allottee shall take possession of the allotted land within 6 months from the date of allotment.
11. I/we have examined the tentative plans, designs and specifications of the Plot and have agreed that the Company may effect such variations and modifications therein as may be necessary or as it may deem appropriate and fit in the best interest of the Project or as may be done by any competent authority.
12. I/we have agreed that at time of possession company will provide only lights and road and company will continue to develop other amenities after possession.
13. I/we agree that the allottee shall take possession of the allotted land within 6 months from the date of allotment.
14 I/we agree that in case of failure to pay the installments within the said time, then the company is liable to charge late fees from me/us as per company norms.
15. I/we agree that in case of application for cancellation of plot within 30 days from first payment (as per payment plan), the company will refund the amount after deducting 10% administrative fee within 90 days from the receiving of the cancellation application.
16. I/we agree that in case of application for cancellation of plot after 30 days from first payment (as per payment plan), the company will refund the amount after deducting 10% administrative fee after 500 days from receiving of the cancellation application.
17. To settle any confusion regarding any matter herein or anything being not covered/ clarified herein, it is agreed by me/ us that reference shall be made to the detailed term of allotment letter/ agreement to sale, the terms whereof have been seen, read and understood/accepted by me/us. It is specifically agreed by me/us that upon execution, if any ambiguity is apparent on its face, on such contingency the terms and condition of the allotment letter/ agreement to sale shall supersede over the terms and conditions as set forth in this application form. However, I/we shall be bound by the terms and conditions incorporated under this application form till the execution of the allotment letter/ agreement to sale in this regards.
18. That the rights obligation of the parties under or arising out of these terms shall be construed and enforced in accordance with the laws of India. Jurisdiction will be courts of Lucknow.