Tribunal orders developers to pay RM63,923.60 to house buyers
KUCHING: Sarawak Housing Purchaser Claims Tribunal has directed two developers to pay house buyers a total of RM63,923.60 for late delivery.
The developers were also told to repair any defects and unsatisfactory finishing to the claimants’ houses.
In the first case yesterday, Tribunal president Datuk Maznah Dasmi ordered one of the developers to pay claimant Rebecca Imelda Dominic RM8,320 for late delivery of her house based on the formula allowed by the court and also to give her the laminated floor which was promised.
In the second case of the day, a developer of the condominium unit at Jalan Wan Alwi was ordered to pay a total of RM55,603.60 to five of its claimants.
In the case of Wong Siaw Wei, she did not get her claim because she had signed a letter of undertaking with the developer that she had an amount given to her, said Maznah.
Wong told the court that she understood what she would get from the developer and she would not get anymore.
“I asked her (Wong) whether she understood what she had signed and she told the Tribunal Court she understood but also said that she was misled. If she had understood and knew what she signed then she should not have said she was misled,” Maznah clarified.
“The Tribunal Court however allowed her to have the belian door to her kitchen as per her claim,” she added.
“In the case of Nyiau Sin Kian and Lee Kim Lian, the tribunal allowed them to claim based only on 251 days as per the formula but because there was a change in regulation and it was beyond the control of the developer and based on the architect’s professional view, only four months’ delay was allowed which means out of 251 days, the claimants can only claim 131 days.”
Maznah further revealed that based on the formula, the rate per day is RM144.87.
“So the total amount for the 131 days’ claim is RM18,977.97,” she explained.
She said Nyiau’s claim for eight per cent interest per day was rejected by the tribunal.
“We found that whatever you claim whether you are the vendor or whether you are the purchaser you can only claim what is said in the sales and purchase agreement (SAP) and the interest is not stated in the sales and purchase agreement,” said Maznah.
“However, the developer has to fix the belian door to the kitchen and the tempered glass to the building but notice must be given to the developer,” she added.
On the case of Helen Chua, she was allowed to claim 147 days based on the calculation formula of RM114.97 per day and the developer must install the screen door at the common bathroom.
“In the case of Chia Shiah Dan against the same developer, the allowable claim is for the period of July 3, 2016 to Dec 1 ,2016, which is 152 days. The rate is based on the formula of RM129.77 per day, so the total claim is RM19,725.04,” Maznah said.
“We don’t allow the extension of time claim by vendor because it is not in accordance with Clause 23/2 of the SAP, but the vendor agreed to fix the toilet and the rusting railing.
Other members of the tribunal were Trabawan Mandi and Robert Elon.