Recently I have informed by the developer that my house is ready after waiting for 2 years+. I need to settle the maintenance & miscellaneous charges about RM1K in order to get the house key. However, the developer wants me to settle the late payment interest for RM797, and then only they will give me the key. I found that this is not fair to me because I take up the housing loan from bank. I call up the bank enquire about the late payment issue. The bank told me that they wonít release the payment to the developer for staging charge if they didnít receive the complete documents for each stage every time. Everything go find after the developer has been handover to bank.
Besides, I am able to claims my 10% from the developer for the late handover vacant possession from the date as stated in the S&P base on the law. Now, the developer gives me a selection, they will only pay me the 80% from my 10% late handover amount and waive of 50% of the late payment interest. The rest of 50% (RM398.50) I still need to pay them in order for me the get the house key.
I found that itís unfair. If I refuse to pay the RM398.50 they will hold my house key and I canít do anything.
Question: if I am going to file the late handover issue (entitle to 10% money back) to housing tribunal, can I highlight the late payment charge which is not fair as well?
Appreciate someone experience can help me on that. Thanks in advance.