(From second left) Alhadi, Maznah, Trabawan and others in a photo call after the case proceeding.
SIBU: A developer was yesterday ordered by the Sarawak Housing Purchaser Claims Tribunal to pay a total of RM35,737.76 to three house buyers for late delivery of properties.
Tribunal president Dato Maznah Dasmi gave the order to the developer to make payment to the claimants — Ngu Leh Ming, Ngu Seng Yun and Lau Yieng Tung within 45 days after receiving the letter of award.
Failing to comply, the developer would be fined not exceeding RM5,000 or a jail term not exceeding two years or both under Section 53(1) of the Housing Development (Control and Licensing) Ordinance 2013.
Maznah granted the award after considering the evidence from both parties.
The Tribunal ordered the developer to pay RM11,919 to Leh Ming for the delay of 580
days; RM12,351.86 to Seng Yun for the delay of 578 days; and RM11,466.90 to Lau for the delay of 558 days.
Apart from the late delivery of property, the claimants through their legal counsels also claimed legal counsel fees and house rental they are now paying.
Maznah, however, said that under the Housing Development (Control and Licensing) Ordinance 2013, it is not their jurisdiction to grant such award to them.
Earlier, Leh Ming told the court that she signed the sales and purchase agreement for a RM250,000-single story intermediate terraced house at Lot 1257, Block 7, Sibu Town District on May 26, 2016.
Based on the S&P, she should have received the property 24 months later, which was on May 26, 2018.
The house was only handed over to her on Dec 12, 2019 after the occupation permit (OP) was issued. The developer, however, took back the keys two weeks later because water supply has not been connected. The water meter was only installed a few days ago.
Seng Yun said she bought the RM260,000-single storey intermediate terraced house at the same area on May 26, 2016 and was supposed to receive the key 24 months later.
The OP was only issued on Nov 15, 2019 and she was asked to take the key on Dec 24, 2019.
She said she neither took the key nor signed the documents because if she did she would forfeit all her rights to claim for anything on the house. She also said that she refused to sign after consulting her lawyer.
Lau, on the other hand bought the RM250,000-single storey intermediate terraced house at the same area on June 15, 2016 and was supposed to receive the key 24 months later.
The OP was only issued on Nov 15, 2019 and was asked to take the key on Dec 24, 2019.
The developer’s representative, meanwhile, said the delay was due to there being no cooperation between the contractor and the clients.
She said they built 38 units of houses at the area and they did not have any problem with other buyers except for the trio.
Maznah also ordered another developer to pay RM9,700 to Nor Suhana Annuar for late delivery of property.
Nor Suhana told the court that she signed an agreement on April 10, 2014 and was supposed to receive the key by April 10, 2016.
However, the OP was only issued on Dec 19, 2018.
She said the developer offered her a compensation of RM4,800 for the late delivery.
She refused to take the offer because she felt it was too little.
She bought a single storey intermediate terraced house at Seduan Land District worth RM250,000.
Panelists Alhadi Ibrahim and Trabawan Mandi assisted in the proceeding.