How to Claim Late Delivery (LAD) Damages

Hi,

I need some advice in regards to claiming LAD. I am a house buyer Jalil Sutera, developed by Bukit Jalil Development, a subsidiary of Ho Hup. My house has been delayed for more than two years now, which means they owe my ~ 20% of total house price in Late Delivery damages. (They now owe me more than I owe them). The developer is now in the process of issuing the Vacant Possession letter. From talks I've had with friends having purchased properties under the same developer, BJD is not paying LAD.

How can I make the Developer pay for the LAD? I've asked my bank to withhold the remaining 20% of my loan as contra for the LAD, but they say they can't due to an undertaking they signed with the Developer. Is there a way for me to make them contra the payment?

Someone on this site mentioned before that the courts have allowed this in the past. Can anyone provide details on this?

Thanks

You can try to contact:

Sekretariat Tribunal (KL)
Tel: 03-20924488
Email: tribunal@kpkt.gov.my

Hope this helps

They are hopeless.  Even after you get the Tribunal's award, and if the developer does not pay, the Tribunal can't action on the developer.  I have an award from the Tribunal since 6/5/2008 and nothing has been paid.  When I called the Tribunal office, they said that there is nothing that they can do about it.  So what's the point of attending the tribunal in the first place?

i believe once you get the award from tribunal, u can validate it in Magistrate @ Session Court. Then u can proceed with the execution for e.g seizure and sale ( the best) trust me against these bad developer. However u have to ensure these developer still operational