KOTA KINABALU: The Housing Purchase Claims Tribunal yesterday awarded RM12,088.37 to a house owner over the delay in the handover of his unit by the developer.
Claimant Chia Khuin Fung said he bought the condominium unit at Alam Damai from the first purchaser for RM 500,000.
The Sales and Purchase Agreement (SPA) between Chia and the first purchaser was signed on March 15 last year, while the SPA between the first purchaser and the developer Wilakaya Sdn Bhd on May 22, 2008.
Chia pointed out that the agreed completion date between the first purchaser and the developer was May 22 last year, but the unit was delivered to him on November 14 last year.
He filed a claim of RM 12,088.37 for the 177 days of delay.
Meanwhile, the respondent argued that the SPA signed with the first purchaser stated that the Liquidated and Ascertained Damages (LAD) was to be calculated up to the stage when the occupation certificate (OC) was obtained.
In this case, the OC was obtained on July 11, last year.
However, tribunal president Ahmad Sedik said it would not be fair to calculate the LAD up to the day the OC was obtained as the respondent failed to notify the claimant to retrieve the keys to the unit.
The claimant had written two separate letters to the developer dated October 12, 2011 and November 11, 2011 respectively, requesting the respondent to hand over the keys. He did not receive a reply to the letter, or for both letters.
Ahmad said there was no evidence that the claimant had been informed properly prior to the day he received the keys on November 14, last year.
Hence, Ahmad said the second purchaser, Chia, would be entitled under the contract for LAD commencing from May 22, 2011 up to the day he received the keys on November 14, 2011.
The developer was ordered to settle a compensation of RM 12,088.37 for a delay of 177 days with the claimant within 21 days.