By S SIVANESAN
Tribunal awards RM117K in damages to three purchasers
KUCHING: Sarawak Housing Purchaser Claims Tribunal yesterday ordered a developer to pay a total of RM117,386.33 in damages to purchasers of three terraced houses at Jalan Hup Kee here.
Tribunal president Peter Lim Thiam Seng and his bench members, Simon Woon Ta Meng and Robert Elone Sireng, ordered that the damages must be paid to the purchasers within the next 45 days.
Megabuilt Corporation Sdn Bhd received the order after hearings were held with all parties that made representations to the bench earlier in the day.
According to Peter, the purchasers had signed their sales and purchase agreements to acquire their condominiums in 2006, 2007 and 2008 respectively. Construction works of the properties was stipulated to be within 24 months.
However, he said, the occupation permits (OP) were issued on December 4. 2017.
“The developer did not provide any concrete reasons or excuse for the long delay except claiming financial difficulties at the time so we decided unanimously to award damages from the time of the penalty period which is after the 24 months period until December 4, 2017,” said Peter.
The developer is entitled to request for a judicial review by the High Court, but if they failed to do so they must make the settlements within 45 days of the order.
Should the developer fail in their obligations, they can be fined one thousand ringgit for each buyer and also possibly face a jail sentence of no more than two years.
In a separate case involving Syarikat Sutano Sdn Bhd the tribunal ordered that repairs as per the sales and purchase agreement be made immediately.
The complainant, Lau Chuo Hiong, filed a claim for RM2,898 for late delivery of a house and the repair of defects to the said house at Jalan Stephen Yong, but the tribunal was satisfied that the developer had discharged their duties as stipulated in the sales and purchase agreement and only ordered immediate work to be done on the reported defects.
Peter then advised all developers to always comply with their own sales and purchase agreements to avoid facing the tribunal and to protect their reputations in the property market.
Bench member, Simon, reminded buyers to inspect their agreements thoroughly and if necessary get legal advice before signing them.
“By knowing your rights you can better protect yourselves,” Simon explained.
As for Robert, he explained that developers who ignore the tribunal or the law actually risk more than just fines or jail as they will lose all their credibility in the market place and ultimately lose business.
