Developer ordered to pay damages for late delivery

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Maznah explains the details of the cases to reporters after the proceeding, flanked by Woon (left) and Elone.

BINTULU: A local developer was ordered to pay a total of RM114,972.89 in damages for late delivery to the purchasers of six double-storey terrace houses at Hung Hung Garden, Jalan Sebiew.

Sarawak Housing Purchaser Claims Tribunal president Dato Maznah Dasmi disclosed this during a press conference after the tribunal’s proceeding at the Sessions Court here yesterday.

A total of six cases were heard during the proceeding, with the developer represented by its director.

For the first case, the tribunal ordered the developer to pay the claimant a sum of RM16,493.31 – or RM400 per month – for a delay of 41 months and seven days.

The claimant signed the Sales and Purchase (S&P) agreement on April 18, 2012 and was supposed to get his key on April 18, 2014. The Occupational Permit (OP) was only released on Sept 25, 2017.

For the second to fourth cases, there was a delay of 62 months and 27 days in handing over the houses. The developer should have handed over the units on June 2013 after signing the S&P agreement on June 29, 2011. However until now, the purchasers have yet to receive the OP.

The developer was ordered to pay each of claimant RM25,159.91, with Maznah saying the figure is not the final sum as damages will continue to be calculated until the OP is issued.

For the fifth case, she said it was found that the S&P agreement was signed on Dec 5, 2011 but only handed over to the purchaser on Sept 25, 2017 together with the OP – a delay of 45 months and 21 days. The amount claimed was RM18,279.93.

The sixth case involved a claim of RM4,719.92 for 11 months and 24 days’ delay of handover. The claimant signed the S&P on Oct 2, 2014 and the OP was issued on Sept 25, 2017 but he only received his key on June 22 this year.

The claimant is also currently unable to move in as there is a need for some repair works due to the theft of window panels and other items.

Due to defects found in the affected houses, Maznah directed the claimants to submit a list of defects to the developer for rectification.

Simon Woon Ta Meng and Robert Elone Sireng sat with Maznah on the panel.