Refer to the previous post on to how to file tribunal for home buyer claims. The hearing is schedule 30 days later which is 13 Oct 2016 at 9am. 10 days after filing, developer sent me Borang 2, on the Tuntutan Balas section: TIADA
Borang 3 is attached with the developer replied as well. take note on this Borang 3 since on the Borang 2 there is no Tuntutan Balas, so we as a claimer do not need to fill up anything on Borang 3. Borang 2 need to bring together when attending the Tribunal hearing.
Being prepared for a Tribunal (Tribunal Tuntutan Pembeli Rumah) hearing will give you the best chance of succeeding in your application.
Make sure you attend the hearing
You must attend the hearing if you want your side of the claim to be heard. Otherwise the filing of the case will be VOID. If you cannot attend the hearing, the President can only allowed family to attend on behalf, friends or no family related cannot attend on behalf.
What you should bring to the Tribunal hearing
You need to present any evidence that supports your claim, or your side of the dispute. You should have 2 extra copies of all evidence ready for the President and the other party. Take your original documents and any supporting evidence to the hearing.
SInce I am claiming for the LAD (liquidated ascertained damages) for late delivery, I have prepared the following for my own claims.
- Chronological event
- Details Calculations
- If there is any other researches has done like newspaper cutting, past cases, do bring along to support your case
Who can go to the Tribunal hearing
The hearing is public and either party can take support people with them. Normally, you’ll represent yourself. I reached the hearing room at 8.30am with my friend. He accompanying me travel from Penang at 4.30am. He is here to give support. He can’t be a witness or say anything in the hearing room.
What will be discussed at the hearing
The Tribunal will only discuss about issues contained in the application. In my case, it is about the LAD claims. Other issues are not normally considered. For example, if related to the low quality delivered by developer will not be discussed in the hearing. Unless separate filing is make.
Although my hearing is schedule at 9am, when I arrived, saw that the schedule on the wall, there are total of 12 cases to be heard on that day. My case is the number 7.
At 9.45am, a staff on duty came in and check all of the claimants document to be ready. At 10am, the President walked in and the hearing started. Today there are total 5 of us against the same developer on the same issue. Below are just the part of the recap of what happen in the hearing room.
1st Buyer, did not signed the LAD letter is claiming from booking date. She is well prepared and presented well. She quote the previous case from the newspaper cutting. Developer representative is against her claim. The Judge accepted her standpoint and awarded her to claim from booking date for her LAD.
2nd buyer, 3rd buyer and 4th buyer are the group that signed the LAD letter but was underpaid by Developer. There is no decision made during the hearing, the Judge mentioned that he need to analyze the case in depth before making the right decision. I was told that it is aligned with other buyer on this decision. All cases has been postponed for decision.
Lastly, there is an interesting article posted by The Star in 2013 titled “Do not signed your right away”
Other source of information can be found from below link: