SIBU: House buyers have 12 months to file their complaints with Sarawak Tribunal for Home Buyers Claims (TTPRS) after the issuance of Occupational Permit (OP) or before the expiry of defects liability period of their properties.
TTPRS president Datuk Maznah Dasmi said any complaint pertaining to such matter lodged against the project developer after that would be beyond the jurisdiction of the tribunal.
“Even though the purchasers do not know that they are given a period of time to do so, we cannot pity them if the complaint is lodged after the expiry date.
“We cannot act outside our jurisdiction,” she said when met after presiding over a case between a complainant, Bato Manggom, and a housing project developer at Sibu Native Court in Wisma Sanyan here yesterday.
She said such regulation was stipulated in Regulation 3 of Housing Developers (Tribunal for Housing Purchaser Claims) Regulations 2013 under Housing Developers (Control and Licensing) Ordinance 1993.
Bato, a technical assistant with Kapit District Council, is claiming RM4,800 from the developer for 12 months delay in the completion of a double-storey terrace house that he purchased in 2008.
Based on Sales and Purchase Agreement (SPA), the house in Kapit was supposed to be completed in 2010 but it was only completed in 2011.
The OP was issued in March 2011 and Bato received the key to the house in April the same year.
Earlier in the proceeding, Maznah said Bato should file his complaint with the tribunal within 12 months after he received the key or after the issuance of OP.
He only filed the complaint with the tribunal on Feb 21 this year.
Maznah said the tribunal ascertained that the complainant was 10 months late in filing his complaint.
“However, he has valid claim against the developer because based on SPA, the house should be handed to the buyer in 2010.
“The tribunal has no right to make the decision since this case is already outside our jurisdiction but the claimant can still go to civil court.