Can anyone tell me how to proceed to tribunal, how i start, sorry to ask again..

This post has been edited by tsohtan: Oct 23 2009, 05:58 PM

no..no.. cannot accept...
Did they offer us on deposit RM3k? offer late payment charges? receive money cepat-cepat for few hundred houses and penalty us if payment late..
NOW WIRAMA ONLY PAY BACK 50%?? can we charge them back on the late interest of LAD?

i apply for telekom line few week ago ,officer check, no line to tha tarea,so they keep my application for reference purpose,maybe if more people apply the install line to Amansiara.

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Added on October 23, 2009, 6:41 pmI also received offer LAD letter 50 % ,i already summit to tribunal on the 1 Oct 2009,now waiting for court case with developer,according to Tribunal
officer it take 1 to 2 months for the hearing.
To proceed to tribunal you go to tribunal office ,summit form tribunal tuntutan pembeli rumah borang 1,copies of S&P,MPS borang B.according to tribunal lawyer can only claim to borang B date.paid Rm 10.00,sent copies to bank,developer,chop and sign 1 copy for own keep,pls follow in LAD claim procedure in pages 1

This post has been edited by augustinetan: Oct 23 2009, 06:41 PM

Curious!!! What the date in the MPS Borang B?

17 july 2009

they also give me 50% of my claim only.... so upset with the developer..
anyway, where is the Tribunal office??

Tribunal Secretariat
Aras 2, Blok B (Selatan) Pusat Bandar Damansara, 50782
Peti Surat 12579
Kuala Lumpur
Telephone : 03-2092 4488 (Hotline)
Fax : 03-2093 4776
E-mail : tribunal@kpkt.gov.my
Website : http://www.kpkt.gov.my/tribunal

Let's make Aman Siara, the last project for the developer.

Thanks for the info...

17/7/2009 is the VP date.

but Mr Chang from HBA tell us this 17/7/2009 is VP date no right, because on that time our house still dont have water supply. So Mr Chang say continue counting until water meter installed, so the dated water meter was install was 28/8/2009.

yeh.babe, last time you bring ur case to tribunal court, how long time you have settle ur case, take ur money? one month?

MPS Borang B is the Sijil Kelayakan Menduduki, right?
The one that I received, the date is 05 August 2009.

Some view from Jln 2/2 Phase 2 ( road in bwtween 1st and 2nd block)..manage to snap some photos while visiting a friend house in Ph1 ..trying to rule out which is my house...hope i snap the correct one ...

it seems like the floor tiles use for ph2 slightyly bigger compared to ph1


see the stains?? seem like the dev had rectify the toilet ceiling height for ph2 owners ...i am not sure about d other house ...manage to peep at the corner house whc is unlock(ground fl of 3 storey type)...curiousity make me to go into d house



backview from that corner house (g/f)

luckly manage to take some pics before a contractor notice us


Have a nice day....


Attached thumbnail(s)

I also receive the letter today and ask me to collect RM3.5K where I had claimed for RM10k previously. Mine is less then 50%. Will direct to Tribunal office.

phchuo,

your 2nd photo shows that eletrics poles still without cabel!!!! any comment from others? hope d dev can deliver by end this year

How about we make it same day go tribunal together?

Tribunal for Homebuyer Claims



1. Objective

The Tribunal for Homebuyer Claims provides an easier, cheaper and faster means of dispute resolution for homebuyers claiming compensation/damages from housing developers.

2. Jurisdiction
The Tribunal may hear claims from buyers on condition that:
a) A claim is filed no later than 12 months from the date of

i) issue of the Certificate of Fitness for Occupation (CFO) of the property; or
ii) the expiry date of the defect liability period as set out in the Sales and Purchase Agreement.

b) The Sales and Purchase Agreement involves housing accommodation built in a residential area.

c) Each claim does not exceed RM50,000 per cause of action unless

i) the claimant agrees to forgo the balance of the claim; or
ii) the acquiescence of the developer is obtained in writing for the matter to be heard at the Tribunal.

d) Sales and Purchase Agreements signed before 1 December 2002 can also be considered provided:

i) the claims fulfil the criteria stated above;

3. Filing and Registration Procedure

* The claimant may lodge his claim with the Tribunal in Form 1 (4 copies), enclosing his statement of claim and a fee of RM10. If there are two (2) names in the Sales and Purchase Agreement, both parties must put down their names, IC numbers and signatures in the claim form (Form 1). Both parties must attend the hearing, or if they are unable to attend, issue a letter authorising a representative to act on their behalf.
* Once Form 1 has been filed, the claimant must personally serve a copy on the developer either by hand (receipt must be acknowledged) or by AR registered mail.
* The developer may file his defence or counter-claim in Form 2 (4 copies) with a fee of RM10 within 14 days of the date of receiving a copy of Form 1.
* The claimant may file his defence to the counter-claim in Form 3 with a fee of RM10.



4. Hearing Procedures

*
The Tribunal will issue a notice in Form 4 stating the date, venue and time of the hearing on both the claimant and the developer, in not less than 14 days before the date of the hearing.
No party shall be represented by an advocate and solicitor during a hearing before the Tribunal.
*
Both parties have the right to adduce evidence, call any witness, or tender any documents, records or things necessary in support of their respective claims.
*
At the hearing, the Tribunal shall, where appropriate, assist the parties to effect a settlement of the claim by consent (negotiation stage).
*
Upon completion of the hearing, the Tribunal will make an award.
*
The award must be complied with within the stipulated period set by the Tribunal’s President.
Any person who fails to comply with an award made by the Tribunal commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit (RM5,000) or to imprisonment not exceeding two (2) years or both. In the case of a continuing offence, the offender shall be liable to a fine not exceeding one thousand ringgit (RM1,000) for each day until the award is abided by.
*
Overall Claims Procedure Flow Chart



5. Hearing Of Claim Cases
The claimant who has received the full payment from the Respondent (Developer) for Tribunal's Award kindly inform the Tribunal (Mrs Santhy) by e-mail or mail addressed to:

Pn. Santhy,
Tribunal Tuntutan Pembeli Rumah
Aras 2 Blok B Selatan
Pusat Bandar Damansara
50782 Kuala Lumpur
Tel : 03 -2099 8402 / 03- 2099 8405
Faks : 03-2093 4776 / 03- 2095 9309
E-mail : santhy@kpkt.gov.my / tribunal@kpkt.gov.my

Tribunal For Homebuyer Claims
Ministry Of Housing & Local Goverment,
Level 2, Block B South,
Pusat Bandar Damansara,
50782 Kuala Lumpur.

Tel:
03-2092 4488 (Hotline)
03-2099 8405

Fax : 03-20934776

E-mail : tribunal@kpkt.gov.my

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Added on October 25, 2009, 2:18 amTribunal for Homebuyer Claims website: http://www.kpkt.gov.my/kpkt_en/main.php?Co...ons&SectionID=4

This post has been edited by one_piece_8: Oct 25 2009, 02:18 AM

yes... i agree..

i also receive the letter.
offer 50% only....

submitted to tribunal, abt 4-5 weeks tribunal send letter to set the hearing date, then went there to proceed hearing morning, normally they will call one by one & ask is it settle out of court or already agreed compromise by both party, if yes they will call first in court, if going on cases then will be later, i waited till 10.30am then called my case. submitted all doc and judge ask is there any dispute from developer side, if yes, then developer has to provide proof to dispute, if no, then award will be granted there & then. my case developer never dispute, but req for instalment, i agreed coz dont want to argue. but now felt a bit regret. judge will read out his award, how much $ awarded etc. then go home & wait for award letter. award letter received abt 2 wk later, stating award amt, dev has to settle the 1st pyt within 30 days from the letter, subsequent is every mth 1 pyt. so all in time to rec full amt from developer from date of submission is abt 6 mths time. only troublesome is go to lodge in case, then need to send one copy to developer by registered mail or by hand, by hand must get acknowledgement from developer. then to attend court 1 day. no more hassle after awarded. i see for LAD case seldom drag to few session, normally 1 day will settle, if for those technical problem one or other matters then will drag for few session la.

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Added on October 26, 2009, 9:51 amforget to inform, if one time many buyer lodge claim against 1 same developer abt same period, normally they will put in 1 day for hearing for all cases. then you will have better chance to argue on the valid vp date.

This post has been edited by yeh.babe: Oct 26 2009, 09:51 AM

Sooo....can we set a date?

hi everybody! any reason the developer give us 50% LAD from the amount we calcalate?

can some 1 help me for check for calculation for LAD

Sale & Purchase Agreement Date: 26 th Feb 2009
(A) Schedule date of handover of vacant possession: [36 months from SPA date]
(B) Vacant Possession Date: 28 th aug 2009
Number of days delayed: 184 days

RM152 880 x 10% x 184/365 days = RM 7706.80

how about calculation for common facility?