A. An individual, i.e. a person of the age of majority or a minor through legal or natural guardian, whether an Indian citizen or a foreign citizen of Indian origin*, resident in India or abroad (in case of minor, age proof and name of natural guardian is required).

Joint application by up to two persons only is permitted. Applicants should be members of the same family, which includes spouse, parents and children.

(*Foreign citizen shall be deemed to be of Indian origin if he/she held an Indian passport at any time or he/she or his/her father or grandfather was an Indian citizen by virtue of the Constitution of India or Indian Citizenship Act, 1955. Citizens of Pakistan, Bangladesh, Afghanistan, Bhutan, Nepal Sri Lanka and Myanmar shall be deemed to be not of Indian origin.)

B. Other Entity(ies), is a Body Corporate incorporated in India or Partnership firm or HUF or any other Association of Persons (AOP) recognized as a legal entity under any law in India (copy of Certificate of Incorporation or copy of Registration Certificate required).

C. The applicants qualifying for allotment may be required to furnish such documentary evidence as deemed appropriate to satisfy BENGAL GREENFIELD HOUSING DEVELOPMENT CO. LTD. (herein after referred to as BENGAL GREENFIELD) of the applicants’ ability to arrange and/or pay for the price of the said apartment. This however will be required only at the time of allotment.

D. BENGAL GREENFIELD, however, at its discretion can relax any of the conditions as mentioned hereinabove without assigning any reason.

3. Application Procedure

A person intending to acquire a apartment will have to apply in the prescribed application form contained in the brochure. It is important that care is taken to go through and understand the terms and conditions, before filling in the Application Form.

4. Scrutiny, Rejection and Refunds

Applications remaining incomplete or deficient in any respect and/or not accompanied by the relevant/required remittance will be liable to be rejected even if so detected during detailed scrutiny.

Applications containing information known to the applicant to be false are liable to be summarily rejected and booking cancelled (even if allotment has been made), whenever so detected. However, upon such cancellation, the installments paid till that date, will be refunded after deduction of applicable service charges which is 3% of the sale value of the total apartments.

If the application money has been paid out of Non-Resident Ordinary (NRO) Account of the applicant, refund of the application money without interest will be made only to that account. If the application money, has been paid by the applicant out of Non-Resident External (NRE) Account of the applicant, the refund will be made only to the NRE Account, provided Banker’s certificate for payment of application money out of the said NRE account is furnished.

5. Withdrawal of Application/Cancellation of Booking

A. Before Allotment
Applicants may withdraw application money at any time before the issue of allotment letter and may get refund of the application money without any interest after deduction of Rs.10,000.00 (Rupees Ten Thousand only).

B. After Allotment
Applicants are free to withdraw their applications and cancel their booking at any time even after issue of allotment letter but before the possession of apartment is made over. Total deposit or installments paid by the allottee will be refunded without any interest and after deduction of a service charge of 3% of the total sale price of the apartment and car parking(if any). All such refunds to Non-Resident Indians (NRI)/foreign citizens of Indian origin shall however be made in Indian rupees.

6. Price

A. Under Down Payment Plan
Price indicated in the Payment Schedule under Down Payment Plan is firm and non-escalable. This Plan requires 100% payment of the price within 30days of issue of the Allotment Letter.

B. Under Installment Payment Plan
Under this plan, the price indicated in the Payment Schedule under Installment Payment Plan is firm and non-escalable. This plan requires payment of allotment money within 30 days of the issue of the Allotment Letter and respective installments as indicated in the Payment Schedule within 21 days of the issue of the demand notices.

C. Escalation
The prices indicated in the Payment Schedule under both Payment Plan types are firm. No Escalation to be charged during the period of construction.

7. Car Parking facility has been provided in the complex at the Basement and Ground Floor Level with a choice of Covered and Open Parking Space.

All applicants are at liberty to apply for car parking space. For HIG apartments booking of car parking space is mandatory with the booking of an apartment . While every endeavour will be made to provide each applicant with at least one car parking space, the applicant, however , will be required to accept the decision of Bengal Greenfield Housing Development Company Limited as final and binding. Earmarking of specific car parking spaces will be done in due course. If, after the above allocation some unallotted car parking space is available, the same will be offered to the Allottees desiring additional car parking space on first come first serve basis.

8. Delay in Payment of Installments and/or Other Dues

It shall be incumbent on the allottee(s) to comply with the terms of payment in respect of the apartment, car parking and/or any other payments under GENERAL TERMS & CONDITIONS.

Payment of allotment money is required to be made within 30days from the date of issue of the allotment. No extension of time will be allowed for payment of allotment money.

Payment of installments and all other dues shall have to be made within 21 (twenty one) days from the date of issue of the letter to the allottee(s) against the outstanding amounts. In case payment is delayed the allottee(s) shall have to pay interest on the amount due @ 18% per annum for upto two months of delay from the respective due dates.

Delay in payment of installments and all other dues beyond 90 days shall not be condoned. In case of such delay the allotment may stand cancelled and BENGAL GREENFIELD shall refund the money paid by the allottee/s without interest after deduction of service charge of 3% on the total sale price of the apartment and car park (if any). In case of such cancellation, the allottee/s shall have no right and/or lieu on the apartments.

ALL PAYMENTS ARE TO BE MADE IN THE NAME OF “BENGAL GREENFIELD HOUSING DEVELOPMENT COMPANY LIMITED”.

9. Shifting from one Apartment to another Apartment
The Allotee/s is/are not allowed to shift from HIG to MIG apartment. The Allottee/s has/have to cancel the booking first and again rebook the desired apartment(if vacant) .

10. Reserved quota in Apartments

10% of the total units are reserved, which will be disposed off at the sole discretion of BENGAL GREENFIELD.

11. Possession

BENGAL GREENFIELD shall endeavour to give possession of the apartment in phases. The first phase would be given possession within 2009 December plus 6months grace period. The next phases would be delivered subsequently. However, if BENGAL GREENFIELD fails to deliver (except due to force majeure) within the said period, the allottee/s will be paid compensation subject to Force Majeure clauses.

Force majeure shall, inter-alia, include non-availability or irregular availability of essential inputs, strike by contractor/construction agencies employed/to be employed, litigation, acts of God or such other reasons beyond the control of BENGAL GREENFIELD.

12. Compensation for Delay in Possession

A. If BENGAL GREENFIELD fails to deliver possession of the apartments to the allottees within the stipulated time (subject to force majeure as stated herein above), then it shall pay compensation to the allottee/s for each apartment effective from the scheduled date of completion as per the following schedule, till the actual handing over of the apartment.

Group Rs. per month
HIG Rs.5.00 per sq. ft.

B. The allottee(s) shall be deemed to have taken possession of their respective apartment on the 15th (fifteenth) day of service of notice calling upon the allottees to take possession and such fifteenth day shall be deemed to be the date of possession, irrespective of the date when the allottee/s takes physical possession of their respective apartment. The allottee(s) shall be required to take possession of their respective apartment on or before the deemed date of possession after fulfilling all the terms and conditions failing which the allottee(s) shall be liable to pay guarding charges @ Rs 2,000 pm for the period between the deemed date of possession of the apartment and the date of taking over physical possession of the apartment by the allottee(s) , over and above any other charges which may be payable.

13. Transfer of Apartments

The allottee(s) opting for transfer of their allotted apartment can transfer their respective apartment only after 1 (one) year from the date of their allotment letter after paying the applicable transfer charges.

14. Transfer Fee

No transfer or alienation of interest shall be permitted and recognized by BENGAL GREENFIELD HOUSING DEVELOPMENT COMPANY LIMITED for conveyance except upon payment of a transfer fee @ 3% of the total sale price of the apartment and the car parking space as charged by BENGAL GREENFIELD.

Transfers made after BENGAL GREENFIELD has conveyed the apartments in favour of the allottee/s shall not be governed by these provisions.

15. Registration and Conveyance

The Transfer/Conveyance Deed of the apartment shall be executed and registered in favour of the allotee(s) after the apartment have been constructed, entire consideration together with all other dues and deposits, etc received, possession handed over to the allottee(s) and after handing over of the maintenance responsibility to an appropriate body to be formed for maintenance of the common areas and facilities. The Deed of Transfer will be drafted by solicitors/advocates of BENGAL GREENFIELD and shall be in such form and contain such particulars as may be approved by BENGAL GREENFIELD. The allottee will be required to pay stamp duty, registration charges and other related charges, as may be levied by the Government from time to time, for registration of the Deed of Transfer of their respective apartment.

16. Club (HIG)) – the recreation facility at Greenfield Ambition.

BENGAL GREENFIELD proposes to set up exclusive Resident’s Clubs within the Complex as outlined in the brochure. The intended facilities of the Clubs as outlined in the brochure are tentative and may vary at the sole discretion of BENGAL GREENFIELD HOUSING DEVELOPMENT COMPANY LIMITED.

The club will be run professionally.

Detailed terms and conditions of membership and rules and regulations governing use of club facilities will be formulated in due course and circulated to members before the club is made operational. All members will be required to abide by these rules and regulations.

As per normal practice of clubs in Kolkata, the facilities will be on a pay by use basis. The rate schedule etc., will be determined at the time of the opening of the club. All buyers would have to pay a Life Time Membership fee at the time of possession towards the club membership(Refer to Clause 17)

It is expected that the facilities at the club will be operational together with the completion of the project. The membership scheme is compulsory and shall create a right of use subject to payment of charges and observance of regulations. No right or lien of any nature whatsoever will be created or deemed to be created in favour of members, in respect of the assets of the club.

The membership scheme is for individuals only (i.e. no corporate membership). Facilities of the club can be availed by all residents of an apartment. Members may bring in guests on payment of guest fees as per club rules.

The above membership scheme is open only to HIG allottees of Greenfield Ambition. If the allotteeis a body corporate, it will be required to nominate the occupier of the allotted apartment, who, for all purposes, will be treated as the member of the club.

In the event of sale/transfer of the apartment by the original allottee to another person, the membership of the original allottee [or occupier in case of allottee being other than individual(s)] shall stand automatically terminated and the new owner/occupier of the apartment shall have the option to apply afresh on the then prevailing terms and conditions and as per the rules and regulations for membership

17.Extra charges

The Allottee/s of the HIG apartments will have to pay Rs.50.00 per sq. ft. at the time of possession of his/ her apartment against CLUB CHARGES, ELECTRICITY CHARGES, GENERATOR CHARGES, DOCUMENTATION CHARGES .

18.Common Areas and Facilities

A. Handing over
Associations under the West Bengal Apartment Ownership Act, 1972 will be crearted to take over the common areas and facilities of the respective towers and the maintenance and Management thereof and all the allottees shall have to become members of such Association. Further bodies comprising all such associations will be created for carrying out complex maintenance, full details of which shall be formulated by Bengal Greenfield Housing Development Company Limited in due course.

B. Interim Maintenance
Bengal Greenfield shall by itself or, through its nominee supervise the maintenance of the towers for a short period after handing over possession of apartments as it may not be practical to immediately transfer the maintenance responsibility. More importantly, the apartment owners will be new neighbours and will take some time to know one another. Bengal Greenfield will help in creation of the Maintenance Body and the Management Committee within 18 months of handing over possession. Bengal Greenfield will have the right to have one representative as a member of this committee for a period not exceeding 5 years from the “date of possession”. This is to facilitate co-ordination as construction work on some parts of the complex will be going on. Detailed rules and regulations regarding the creation and operation of the Association will in due course be circulated to the apartment owners.

C. Maintenance Security Deposit
An interest free interim maintenance security deposit of Rs.25.00 per sq.ft. of the saleable area of the apartment will be charged in case of HIG apartment owners by Bengal Greenfield Housing Development Company Limited. This amount is to be paid at the time of execution of transfer deed and/or possession.

This deposit will be transferred to the Association and / or the Management Committee after handing over complete possession. This security deposits to secure due payment and to ensure protection against default in payment of regular maintenance charges, which will be determined and formulated depending on the actual expenses.

19. General

A. It is understood that the applicant has applied for allotment of a residential apartment with full knowledge and subject to all the laws/notifications and rules applicable to this area in general, and group housing project in particular, which have been understood by him/her. It is further understood that the applicant has fully satisfied himself/herself about the interest and the title of BENGAL GREENFIELD in the said land on which the apartment will be/are being constructed.

B. BENGAL GREENFIELD will not entertain any requests for modification in the internal layouts of the apartments and external facades of the tower.

C. The layout plans and building plans, specifications of the building(s)/complex and the apartment are tentative and are subject to variation. BENGAL GREENFIELD may effect such variations, additions, alterations, deletions and/or modifications therein as it may, at its sole discretion, deem appropriate and fit or as may be directed by any competent authority. No complain regarding design, layout and accommodation shall be entertained.

D. The expression allotment wherever used herein shall always mean provisional allotment and will remain so till such time a formal deed of transfer is executed and registered by Bengal Greenfield Housing Development Company Limited.

E. After the date of possession of the apartment the allottee shall be liable to pay BENGAL GREENFIELD on demand all rates, taxes, levies, deposits including security deposits or assessments pertaining to the apartment and common areas proportionately.

F. Complaints, if any, regarding specifications, fittings and fixtures, etc provided in the apartment will be required to be brought to the notice of BENGAL GREENFIELD within 15 days of taking over possession of the apartment. BENGAL GREENFIELD will not be responsible for any damage caused to the apartment on account of delay in taking over possession and in such event, at the allottees will have to take possession of the apartment on ‘as is where is basis’.

G. Water supply will be made available from tube wells till such time the New Town Water Supply Scheme is developed by HIDCO. After handing over of the Common Areas and Facilities of the Project. Apartment Owners’ Association / Co-operative shall make necessary correspondence with the concerned New Town Authority New Town Water Supply Scheme as and when developed by HIDCO. The maintenance and the running cost of the deep tubewell would be borne by the Apartment Owners Association / cooperative after the handover of the possession of the flats.

H. Arrangement for Disposal of the Sanitary, Sewerage and Storm water will be made to the nearest off-site facility as per the permission granted by HIDCO.

I. Internal wiring for Electrification will be provided for each apartment. However, the allottee(s) will have to apply to WBSEB individually for obtaining supply of power and the meter for their respective apartment. The allottee(s) shall be required to pay the applicable security deposit and/or other charges for the same to WBSEB.

J. The allottee(s) may be required to execute, if necessary, a formal agreement for sale in such form as may be prescribed by BENGAL GREENFIELD within 15 days of being required in writing to do so by BENGAL GREENFIELD. Under the existing laws the stamp duty at the applicable rate is leviable on such agreement for sale. Such stamp duty shall be payable wholly and exclusively by the allottee(s).

K. Application in the prescribed form as contained in the brochure is subject to the information and the terms and conditions stated herein and also in other parts of the brochure including all the documents/inserts, which are contained in and form part of the brochure.

L. The applicants must quote the application number as printed in the acknowledgement Pay-in-Slip and/or on allotment, their apartment number as indicated in their allotment letter, in all future correspondence.

M. The applicant shall not be entitled to get the name of his/her nominee(s) substituted in his/her place.

N. All correspondence will be made with applicants at the address for correspondence on BENGAL GREENFIELD’s record initially indicated in the Application Form, unless changed. Any change of address will have to be notified in writing to BENGAL GREENFIELD at its Registered Office and acknowledgement obtained for such change. In case there are joint allottees, all communication shall be sent by BENGAL GREENFIELD to the allottee whose name appears first and which shall for all purposes be considered as served on both allottees.

O. The allottee of an apartment agrees to sign and execute all documents and agreement in the standard form as may be provided by BENGAL GREENFIELD HOUSING DEVELOPMENT COMPANY LIMITED.

P. Dispute(s), if any, shall be subject to the jurisdiction of courts of law at Kolkata only.

Q. BENGAL GREENFIELD HOUSING DEVELOPMENT COMPANY LIMITED, however may, at its sole discretion, relax any of the conditions. It also reserves the right to reject any application without assigning any reason whatsoever.

Disclaimer

Bengal Greenfield and/or its affiliates, officers, directors, employees, agents, members servants shall not be liable for any direct, indirect, punitive, incidental or consequential loss, claim, demand or damage suffered by any person due to loss of documents, delay in postal services and any other eventualities beyond the control of Bengal Greenfield and the applicant agrees to keep Bengal Greenfield and/or its affiliates, officers, directors, employees, agents, members, servants, saved, harmless and indemnified with regard thereto.

The members of the Club shall in the intermittent period take steps for formation of a BODY for taking over responsibility of management of the Club. BENGAL GREENFIELD shall assist the club members for setting up the requisite BODY for management of the Club.

I accept the above Terms and Conditions.

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Signature of First / Sole Applicant                         Signature of Joint Applicant

Dated:-

Place: