Tribunal directs developers to pay RM16,319 to two house buyers

KUCHING: The Sarawak Housing Purchaser Claims Tribunal yesterday directed two local developers to pay house buyers a total of RM16,319.92 for delay in handing over their properties to them.

In the first case,the Tribunal president Datuk Maznah Dasmi said a claimant, Clarence Ng Fung Shang, who had bought a double storey intermediate terraced house at Kuching North Land District should be compensated based on the sales and purchase agreement signed on Sept 29, 2012. The house should be completed on Sept 28, 2014.

Maznah, in her judgement, said since the Occupational Permit (OP) was issued on Nov 29, 2016, the tribunal took into account the ‘delay’ period from Sept 28, 2014 to Nov 29, 2016.

“The delay is 26 months and the amount payable based on the tribunal’s formula of RM400 per month is RM10,400. Ng, however, agreed that the car porch to be built by the developer costing RM5,200 would be deducted from the claim. So the balance due to him is RM5,200,” she said.

The tribunal also rejected the developer’s explanations that the delay was caused by Sesco.

“The court cannot find a document and proof that there is a delay even though we have asked for the documents.

“When asked, the developer’s mechanical and electrical contractor could not produce any evidence for the delay, and the date the developer applied for the electricity connection. We, therefore, cannot determine that there is a delay, and we cannot take the developer and his M& E contractor’s explanations into account,” said Maznah.

The second case involves a couple, Zizie Vanesha Jamali @ Jamahari and Mohd Ali Mohd Idris, who had bought a single storey semi detached house from a developer at Muara Tuang Land District .

Maznah said the couple signed the sales and purchase agreement on Jul 10, 2012 and that the house was to be completed on Jul 9, 2014.

“The fact of the case was that the OP was given on Nov 3, 2016 and the house was completed on July 9, 2014. The delay is 27 months and 24 days (from July 9, 2014 to Nov 3, 2016), and the amount payable to the claimaints, based on a formula of RM400 per month, is RM11,119.92.”

The developer said the inclement weather was to be blamed for the delay.

“We do not take that kind of evidence. We also cannot determine the number of rainy days. We cannot take this as a reason (for the delay).

“Also, the information sheet on the inclement weather is a photocopy version and not a certified true copy by the Commissioner of Oath.

“The compensation amount is RM11,119.92 and defects to the house must be repaired within one month from the date the developer received the judgement,” she said.

Tribunal members Alhadi Ibrahim and Simon Woon Ta Meng were also present at the hearing.