hi guru,

We had the taken the VP in March. That time it was already late for 6 months delivery. So developer straight away paid us the LAD of unit and common facilities for 6 months up to the VP date.

However, after we moved in, then we found out the common facilities are actually still under construction, like the carpark, lift, and the rooftop garden. Now we want to claim LAD from the developer for incomplete common facilities from the VP date up to now. But the developer refused to pay, saying CCC is already issued since March, and the common facilities are actually completed but just needs maintenance and upgrading.

Have anyone encountered issues like this? I would like to know how the CCC can be obtained while the common facilities are clearly not completed. Will tribunal court accept cases like this, especially since we have already an LAD payment during the key handover process early?

Could there also be a case of corruption since LAM (Lembaga Architect Malaysia) issued an CCC when common facilities not complete?

i also heard from somewhere before owners file a case in tribunal court, the judge will ask whether the owners have already negotiate with developer on the issues before. owners are actually required to show proof that at least 2 formal request/complaint letters have been sent to developer.

anyone knows anything like this and can share more information?

thanks

First thing first, what is the objective? Money?
Assuming 500k, common facilities claim of 3 months delay is approx 3/12x10%x20%x500k=2.5k
Worth the trouble to get the money?

Cp not completed..
Where do yiou guys park yr car?

Is the pool dry and cant be used?

The gym no equipments at all?

No car park, lift & garden??

The first two is very important.. Yet not completed first..

Really win developer...
Anyhow mind asking which project is this??

Yeah.. mind to share which developer and property name?

One ppl not much, if 150 earlier buyer then a lot..many buyer only remember to claim LAD even dun know can claim delay of common facilities

1m house. want to claim 9 months. worth the trouble?

not 100% complete. still can use, but with construction materials dumps around the common area. aircon in gym not working most of the time.

WCT project in JB

i believe so. many people are unaware of their rights

Wct. Big developer. Also like that. Bolehland.

This problem of developer paying less than entitled LAD is getting more and more prevalent..The laws are in place to protect buyers but more often than not the laws are totally ignored as enforcement is poor and consumers are ignorant of their rights..
As more and more developers find they can get away with twitching the law to suit them this unfair practices wl continue ..
Just becoz amount is "small" does not mean yr rights should be violated. Most buyers unfortunately wl just accept it in silence, take d lad and grumble and do nothing more , some wl say aiya not worth it lah hv to spend time chasing after developer..all this create d perfect condition for developers to continue to abuse the system for the simple reason because they can..

Until and unless consumers get educated and fight for their rights nothing wl change for d better for consumers.

true enough, remind me of the recent Grab Driver kena 'unintentional' punch case.

this is a clear criminal case but is considered 'too small' for police to press charge against the culprit. in the end, the victim is forced to drop the case as he does not have the time and money, and just too hassle for him to pursue the case.

so, purchasers in this case, should just be like the Grab driver, can only be quiet after kena punch?

If architect already issue certificate of completion for the common facilities, I am afraid that your battle will be harder unless you have sufficient proof of negligence from architect side.

What constitute of incomplete facilities is quite subjective. Immature landscaping? The common area without soft furniture such as sofa, chair and decoration? The pumps for water feature is still under commissioned? Construction debris is still not cleared up?

All the best in any action that you pursue.

9 months delay?

there goes the uphill battle of proof.

first and foremost, one needs clear distinction to tell the difference between completed and defective works.

your statement of "not 100% complete. still can use, but with construction materials dumps around the common area. aircon in gym not working most of the time." is troubling.
merely based on that, one would legally think it's completed but may be defective instead. because the wording "still can use" means that it's good and fit for purpose liao.
aircond not working most of the time means it has worked before and therefore is a defect and not uncompleted.

was there any registration of incompleteness upon acceptance?
if not, am afraid you face a tall order for certification.

but all is not lost.
best is gather the good fight through the JMB.

may the force be with you.

ps: this is medini?

karma is a bitch.

as consumer right become more apparent, biz houses need to protect themselves too.

how they do that? they will make sure they covered every aspects just in case getting sued. the end result? rising cost and consumers have to pay higher price.

if you guys are willing to pay rm15 to rm20 for a bowl of streetside or kopitiam laksa, I am sure there is a way to achieve that.

Walao WCT project huh??
That one damn big developer name.. Not any small timers one.. Seriously didn't expect them to do such silly mistake..

I think we need to start suing architect the issue the cert of completion. most likely they issue just to please the developer. Most are not professional at all.

you are absolutely right.
some cases are completely thrown out just because they name the defendant wrongly.

in this case, it's the owner against the architect.

contractually owners don't have any direct relation with the architect.

It's near Legoland ? Iskandar Puteri ?

will writing complaint email to LAM help in this case? any1 tried before?

i seriously believe developer 'pakat' with architect in this case.

pakat or not....judging from your futher explanation......I don't think so lah.

fundamental is there jor.......maybe not as perfect as cinderalla story book style.....but not exactly inhabitable.

Whether the facilities are complete or not is not up to your say.

To claim or not, its up to the JMB concerned. If your JMB wish to pursue then they will do so and if the JMB decided not to pursue then i am afraid that you are shouting at wrong tree.

So, i think its good to talk to your JMB. Nothing much u can do here.

sorry, what JMB has final say in this matter?

bear in mind that JMB is 50% control by developer.

what gives you the idea that JMB is 50% controlled by developer?

Facilities are control by your JMB and since developer already obtained CCC. In what capacity are you going to demand the Developer by paying u or answer your claim that is incomplete? And, facilities does not belongs to you alone but to the whole condo's owner.

The best party to claim such LAD should be done by the JMB and on behalf of every owner.

Of course you can sue the developer yourself but i doubt you can win with such action. 1st of all you have to fight with the developer's architect 1st.

Please correct me if i am wrong.

isn't JMB only formed 1 year after CCC?

If a Joint Management Body is not yet formed the unit purchasers can group together to engage the Housing Ministry's officials at Putrajaya for assistance and advice to resolve the matter.
Meanwhile take a few photos with imprinted dates of the uncompleted works of the development. These photos can come in handy.
And don't forget to check for construction defects in the VPed unit within the defect liability period.
Just my 2 sen.