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 incomplete common facilities 9 months after VP, wanna bring this case to tribunal court

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TSms_user
post Dec 10 2017, 04:56 PM, updated 9y ago

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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
TSms_user
post Dec 10 2017, 09:06 PM

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QUOTE(kochin @ Dec 10 2017, 07:38 PM)
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?
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1m house. want to claim 9 months. worth the trouble?

QUOTE(BEANCOUNTER @ Dec 10 2017, 08:16 PM)
Cp not completed..
Where do yiou guys park yr car?

Is the pool dry and cant be used?

The gym no equipments at all?
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not 100% complete. still can use, but with construction materials dumps around the common area. aircon in gym not working most of the time.

QUOTE(Skyiz @ Dec 10 2017, 08:35 PM)
Yeah.. mind to share which developer and property name?
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WCT project in JB

QUOTE(planc @ Dec 10 2017, 08:42 PM)
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
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i believe so. many people are unaware of their rights
TSms_user
post Dec 11 2017, 09:41 AM

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QUOTE(Forum68 @ Dec 11 2017, 09:09 AM)
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.
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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?
TSms_user
post Dec 11 2017, 02:59 PM

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QUOTE(kochin @ Dec 11 2017, 12:39 PM)
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.
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will writing complaint email to LAM help in this case? any1 tried before?

i seriously believe developer 'pakat' with architect in this case.
TSms_user
post Dec 11 2017, 05:04 PM

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QUOTE(myproblem @ Dec 11 2017, 04:43 PM)
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.
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isn't JMB only formed 1 year after CCC?

 

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