SIBU: A property developer company director was fined RM3,500 by the Magistrates’ Court here on today (March 5) for failing to comply with a Housing Tribunal award issued in favour of a house purchaser.
Kuo Ing Sing, 68, a company director and manager of Kuo Nguong Chai & Sons Enterprise Sdn Bhd, pleaded guilty to a charge framed under Section 53(1) of the Housing Development (Control and Licensing) Ordinance 2013 (Cap. 69) for failing to comply with an award issued by the Tribunal for Housing Purchaser Claims Sarawak dated Feb 27, 2024.
According to the facts of the case, a complaint was lodged with the Housing Tribunal for Purchaser’s Claims Sarawak by a purchaser surnamed Tie after the developer failed to deliver vacant possession of the property within the time stipulated under the sale and purchase agreement entered into between the purchaser and the developer.
Following a full hearing, the tribunal awarded Liquidated Ascertained Damages (LAD) amounting to RM76,632.82, with interest of eight per cent per annum, to the purchaser.
The developer was required to pay the amount within the stipulated period.
In mitigation, Kuo, who was unrepresented, told the court he felt remorseful for the offence committed and requested a lenient fine.
Magistrate Romario Jonoi, who presided over the case, considered the fact that the developer had failed to comply with the tribunal award since 2024 before sentencing him to a fine of RM3,500, in default of levy against the company.
The prosecution was conducted by prosecuting officer Simon Engka Crown from the State Attorney-General’s Chambers Sarawak.
Section 53 of the Housing Development (Control and Licensing) Ordinance 2013 makes it an offence to disregard tribunal awards, punishable by a fine of up to RM5,000, imprisonment of up to two years, or both.
Ongoing non-compliance may incur additional daily fines. Meanwhile, Section 58 of the ordinance provides for harsher penalties related to abandoned housing projects.
Family members of the company directors were seen at the court while tribunal officials were also present during the hearing.
