If you have read the article “How to file Tribunal for home buyer claims?“, after that you required to pass a copy to the developer and bank for them to acknowledge you have file it to the Tribunal. If you have not, you may read here.
There are 2 scenarios you will be facing:
- You are not stay near to the Developer office or the Bank that provide your loan
- Developer and Bank do not want to received and acknowledge your Borang 1
Scenario 1: You are not stay near to the Developer office or the Bank that provide your loan
This is pretty easy to understand and make sense. For instances, my property is at Selangor, the bank thata offer for my loan also located at Selangor. But I am reside in Penang. In order to save time and travelling logistic, I file the LAD claims to Tribunal office at Bertam. So how do we sent the Borang 1 to developer and the banker each and acknowledge my Borang 1?
The solution is simple and will be provided after the Scenario 2.
Scenario 2:Developer and Bank do not want to received and acknowledge your Borang 1
Quite a few people mentioned that when they go to the bank office or developer office to hand over the Borang 1, most of them do not understand what document are those and reluctant to accept and acknowledge it. It simply means that, the public are not well aware of their rights and very very minimal people know what to do. When one of my close friend walk into the bank and meet the officer, the officer said he cannot received it due to not sure what document is that. He also afraid of any legal actions. It sound weird for me as it stated clearly is for the acknowledgement.
When my friend reached the developer office at the Bandar Perda, the staff mentioned they do not have the acknowledgement Stamp, he need to go to the main office at the Penang Island. Without much hesitation, my friend drove straight to the Penang office. However, when reaching there, the staff told my friend that he cannot accept the Borang 1 and stamped the Acknowledgement for my friend’s Borang 1. He mentioned that he need to get advice from their lawyer first before can accept the Borang 1. Till here, you may realized that a lot of people is ignorant about the filing to Tribunal.
So what should we do?
Sending through Register Post to Developer and Banker
The advice given by the Tribunal officer is we can send the Borang 1 through register post. The guideline is written on the slip attached to the Borang 1.Sample as below:
When you send by POS daftar, they will need to sign on the Yellow card to acknowledge the receipt. The Yellow card will be return to you. Normally the Yellow card is known as AR. AR stand for Advice of Receipt. The yellow card is important prove to be presenting on the Tribunal hearing day.
What is Registered mail?
Registered mail (PosDaftar) is a service which provides proof of delivery and trace and track services for the sender. A receipt is given at the time of posting and the recipient is required to sign for the delivery on receiving the item. Compensation is offered for any loss or damage to goods when this service is used.
To send a registered letter or parcel, get a Pos Daftar label from a post office counter, fill it out and hand it to back to the counter staff to post.
Sample of the Yellow card (AR card)
Below is the Yellow card that return to me less than 7 days. Below card need to be presented during the hearing day.