Maharera Regulations Format for Model Allotment Letter

Date 30/06/2022

Order No 30/222

Sub: – Submission of proforma of the allotment letter and agreement for sale at the time of registration of a real estate project in compliance of Clause (g) of Sub-section 2 of Section 4 of the Real Estate (Regulation and Development Act, 2016.

Whereas, Government of India has enacted the Real Estate (Regulation and Development) Act, 2016 bthe Act) and all sections of the Act have come into force with effect from 01.05.2817.

And whereas, the Government of Maharashtra vide Notification No. 23 dated 08.03.2017 has established the Maharashtra Real Estate Regulatory Authority, hereinafter referred to as “MahaRERA” or as “the Authority”.

And whereas, the Government of Maharashtra has also notified the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Inter I and Disclosures on Website) Ru1es,2017 (the Rules) for carrylng out the provisions of the Act.

And whereas, the Authority has” øtf th Maharashtra Real Estate Regulatory

Authority (General) Regulations, 20t7{Øegølafíòps)to cürry out the purposes of the Act.

And whereas, under Section 34 oİ the Act, one:of the function of the Authority is to register and regulate real estate pro}ectg eøtate agents registered under the Act.

And whereas, the Authority under Section 37 of the Acł, and Regulation 38 of the Regulations ìs vested with the powers to issue directions to the promoters, real estate agents and allottees from time to time as it may consider necessary.

And whereas, the Chairperson MahaRERA is vested with the powers of general superintendence and directions in the conduct Cif the affairs of MahaRERA under Section

25 of the Act.

And whereas, Sub-rule (1) of Rule 10 of the Rules states that for the purpose of Sub- section 2 of Section 13 of the Act, the agreement for sale shall be in conformity with the provisions of the Act, the Rules and Regulations made thereunder and shall be in accordance with tÍie mo‹lel form of agreement at Annexure ’A’.

And whereas, Sub-rule (2) of fiule 10 of the Rules states (hat any appłication letter, allotment letter or any other dokument signed by the allottee, in respect of the apartment, plot or building, prior to the execution and regisŁration of the agreemcnt for sale for such apartment, plot or building, as the case may be, shall not be consŁrued to limit the rights and interests of the allottee under the agreement for sale under the Act or the Rules and Regulations made there undcr.

And whereas, Clause (g) of Sub-section 2 of Section 4 of the Act mandates every promoter to upload along with the application made to MahaRERA for registration of a real estate project, the proforma of the allotment letter, agreement for sale and the conveyance deed proposed to be signed with the allottees.

And whereas, considering the provisions of the Act the Rules and Regulations made thereunder as well as the salutary purpose of the Act, MahaRERA, had constituted a committee under the Chairmanship of Member -1, MahaRERA with representatives from Self-Regulatory Organization of promoters and Mumbai Grahak Panchayat as its Members in order to formulate and finalize a model allotment letter.

And whereas, the committee after due deliberations, having considered the suggestion and objections received from stakeholders as well as the provisions of the Act, the Rules and Regulatiems made thereunder has finalized the modei allotment letter.

And whereas, the Authority in its meeting held on 27.05.2022 has approved the model allotment letter.

And whereas, in view of the approval accorded by the Authority to the model allotment letter in its meeting held on 27.05.2022,the following directions are issued: –

The proforma of the allotment letter proposed to be signed by the promoters with the allottees shall be in accordance with model allotment letter as approved by the Authority, the copy where of is annexed hereto as Annexure ‘1’.
The Table in Clause 9 of the allotment letter prescribes thc minimum period (number of days) vrithin which the booking can be cancelled and the upper limit of the percentage of the amount to be deducted in case the allottee desires to cancel the The promoter may if the promoter so chooses increase the number of days wifhin which the booking can be cancelled as well as ńecreose the pcrcenfage of the amount to bc deducted in the event of cancellation of the booking, in the allotment letter prescribed .
Promoters shall henceforth upload the allotment letter, as at Annexure ‘1’ hereto or the amended form of the allotment letter as mentioned at (b) above when applying for regisŁration of a real estate

Promotes shall also upload as is being presently done, the proforma of the agreement for sale proposed to be signed with the alloHees that may be as per the motel form of agreement at Annexure A of Rule 10 of the Rules or the proforma of the agreement for sale as may be modified and adapted by promoters on case to case basis having regard to the facts and circumstances of each
In the event there are any deviations / modifications in the proforma of the agreement for sale as proposed by promoters and the model form of agreement at Annexure A of Rule 10 of the Rules, then such deviations / modifications shall be highlighted in dioérent colour and accordingly be uploaded while seeking registration of the real estate prpject so as to enable proper and speedy verification of the proforma of the agreement for sale as

Mon-compliance of the above or if the deviations / modifications proposed by promoters in the proforma of the agreement for sale as uploaded is / are contrary to the provisions of the Act, the Rules and Regulations made thereunder, then the application of the promoter for registration of the real estate project shall be liable to be rejected subject to compliance of the mandate as provided in the proviso to Section 5 of the Act.

By order of the Authority

ANNEXURE ‘1’

MODEL FORM OF ALLOTMENT LETTER

for compliance of the provisions of clause (g) of sub-section (2) of section 4 of the test Estate (Regulation and Dnelopmeiy Act, 20a 6 (the Act), the pro]ârmn of the allotment letter to be uploiided along itñtli the application for registration af the real estate project shrill be as per

this model form o/nJJofmrnt letter.

It shell be mandatory to issue allotment letter in this@rmat ti›lienever

a sum not more than 10 o› (ten per cent) of the cost of the apartment, piof

or building as th case maiJ be, iS COllected as drposft or advance.

Date:

To,

Mr/Mrs./Ms. ………. .

R/o………………….. … …………………..

(Address)

Telephone/Mobile number ……………………

Pan Card No.: Aadhar Card Mo.: Email lD:

Sub: Your request for allotment of flat / commercial premises

/p1ot in the project known as , having MahaRERA Registration No

Sir/Madam,

1. Allotment of the said unit:

This has reference to your request referred at the above subject. In that regard, I/ ze have the pleasure to inform that you have been allotłed a BHK flat/ villa/ bungalow/ commercial premises bearing No. admeasuring RERA Carpet area sq. mtrs equivalent to sq.ft. situated on floor in Building / Tower /Block /Wing in the pxoject known as , having MahaRERA RegisŁration No. hereinafter referred to as “the said unit”, being developed on land bearing C.S. No(s) /CTS No(s) /Final Plot No(s)

/Survey No(s) Hissa No(s) /Gat No(s)

/Khasra Lo(s) / Plot No(s) lying and being at

Village Taluka , Dist. admeasuring sq. mtrs. for a total consideration of Rs.

s (Rupees. in words only)

exclusive of GST, stamp duty and registration charges.

This has reference to your request referred to at the above subject. In that regard, I/we have the pleasure to inform that you have been allotted a plot bearing No. admeasurin sq. mtrs. equivalent to sq. ft. in the project known as having MahaRERA Registration Mo , hereinafter referred to as “the said unit“ carved out from the land bearing C. S. No(s)

/CTS No(s) /Final Plot No(s) /Survey

N°(/

,Hissa No(s) /GafNo(s) /Khasra

No(s /Plot No(s) lying and being at

Village Taluka ,Dist. admeasuring

mtrs. fora total consideration of Rs. in fieures (Rupees. in words only) exclusive of GST, stamp duty and registration charges.

L Allotment of parking space(st:

Further I/ we have the pleasure to inform you that you have been allotted along with the said unit, garage(s) bearing No(s) admeasuring sq. mtrs equivalent to sq ft./covered car parking space(s) at level basement /podium bearing No(s) admeasuring sq. mtrs. equivalent to

ft./stilt parking bearing No(s) , admeasuring

and

mtrs equivalent to sq. ft. / mechanical car parking unit bearing No(s) admeasuring sq. mtrs. equivalent to sq. ft. on the terms and conditions as shall be enumerated in the agreement for sale to be entered into between ourselves yourselves.

Q_{i

Further I/We have the pleasure to inform you that you have been

allotted an open car parking bearing No. without consideration.

Receipt of part consideration:

I / we confirm to have received from you an amount of Rs. in fire (Rupees. i• words only), (fftis D totlttt SSH not be more than I0P« of the cosf of the said unit) being % of the total consideration value of the said unit as booking amount /advance payment on dd/mm/yyyy, through mode of payment

disclosures of information:

I/We have made available to you the following information namely: –

The sanctioned plans, layout plans, along with specifications, approved by the corripetent authority are displayed at the project site and has also been uploaded on MahaRERA
The stage wise time schedule of completion of the project, including the provisions for civic irfrastructure like water, sanitation and electricity is as stated in Annexure – A attached herewith and

The website address of MahaRERA is

https;//maharera.mahaonline.gov.in/f Encumbrances:

1/ We hereby confirm that the said unit is free from all enctllTibrances and I/we hereby further confirm that no encumbrances shall be created on the said unit.

OR

I/We have created the following encumbrance(s) / encumbrance(s) attached with caveats as enumerated hereunder on the said unit.

Further payments:

Further payments towards the consideration of the said unit as well as of the garage(s)/covered car parking space(s) shall be made by

you, in the manner and at the times as well as on the terms and conditions as more specifically enumerated / stated in the agreement for sale to be entered into between ourselves and yourselves.

7. Possession:

The said unit along with the garage(s)/covered car parking spaces(s) shall be handed over to you on or before subject to the payment of the consideration amount of the said unit as well as of the garage(s) /covered car parking space(s) in the manner and at the times as well as per the terms and conditions as more specifically enumerated / stated in the agreement for sale to be entered into between ourselves and yourselves.

IntereBtpavment:

In case of delay in making any payments, you shall be liable to pay interest at the rate which shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent.

9. Cancellation of allotment:

In case you desire to cancel the booking an amount mentioned in the Table hereunder written* would be deducted and the balance amount due and payable shall be refunded to you without interest within 45 days from the date of receipt of your letter requesting to cancel the said

Sr.

No.

If the letter requesŁing to cancel the

booking is received,

Amount to be

deducted

within 15 days from issuance

of the allotment letter;

Mil;

within 16 to 30 days from

issuance of the allotment letter;

1°1 of the cost of

the said unit;

within 31 to 60 days from

issuance of the allotment letter;

1.5% of the cost

of the said unit;

after 61 days from issuance of

the allotment letter.

2% of the cost of

the said unit.

* The amount deducted shall not exceed the amount as mentioned in the table above.

In the event the amount due and payable referred in Clause 9
1. above is not refunded within 45 days from the date of receipt of your letter requesting to cancel the said booking, you shall be entitled to receive the balance amount with interest calculated at the rate which shall be the Stafe Bank of India highest Marginal Cost of Lending Rate plus two

10. Other pavmentB:

You shall make the payinent of GST, stamp duż and registration charles, as applicable and such other payments as more specifically mentioned in the agreement for sale, the proforma whereof is enclosed herewith in terms of Clause 11 hereunder wriŁten.

Proforma of the agreement for sale and binding effect:

The proforma of the agreement for sale to be entered into between ourselves and yourselves is enclosed herewith for your ready reference. Forwarding the proforma of the agreement for sale does not create a binciing obligation on the pary od ourselves and yourselves until compliance by yourselves of the mandate as stated in Clause 126.

12. Execution and registration of the agreement for sale:

You shall execute the agreement for sale and appear for registration of the same before the concerried Sub-Registrar within a period of 2 months from the date of issuance of this letter or within such period as may be communicated to The said period oł 2 months can be further extended on our mutual tinderstanding.
If you fail to execute the agreement for sale and appear for registration of the same before the concerned Sub-Registrar within the stipulated period 2 monfhs froni the date of isstiance of this letter or within such period as may be communicated to you, 1/ we shall be entitled to serve upon you a notice calling upon you to execute the agreement for sale and appear for registration of the same within 15 (Fifteen) days, which if not complied, I/we shall be entitled to cancel this allotment letter

and further I /we shall be entitled to forfeit an amount not exceeding 2°Zp of the cost of the said unit and the balance amount if any due and payable shall be refunded without interest within 45 days from the date of expiry of the notice period.

In the event the balance amount due and payable referred in Clause 12 ii) above is not refunded within 45 days from the date of expiry of the notice period, you shall be entitled to receive the balance amount with interest calculated at the rate which shall be the State Bank of India highest Marginal Cost of Lending Rate plus two

Validity of allotment letter:

This allotment letter shall not be construed to limit your rights and interest upon execution and regisŁration of the agreement for sale between ourselves and yourselves. Cancellation of allotment of the said unit thereaiier, shall be covered by the terms and conditions of the said registered document.

Hea‹1ings:

Headings are inserted for convenience only and shail not affect the

construction of the various Clauses of this aJlotment letter.

Signature ……………………

Name ……………………….

(Promoter(s)/Authorized Signatory) (Email Id.)

Date: ………..

Place: ………….

CONFIRMATJOM & Acknowledgement

1/ We have read and uncterstooL) the contents o1 this allotmcnt letter and the Annexure. 1/ We hereby’ agree iincJ .accept the terms anci cc›ndititins as stipulatec4 in this ‹ill‹ tnacnt letter.

Maharera Regulations Format for Model Allotment Letter