KUCHING, Sept 17: A housing developer was ordered by the Sarawak Housing Purchaser Claims Tribunal today to pay a total amount of RM36,264 to five house buyers for the late delivery and property defects.
According to Tribunal president Robert Elone Sireng, the reason for the delay was mostly due to the weather, however this was not taken into account in the calculation of the delay as there are no proper documentary evidence to support the developer’s claims.
“But we do take into account the Movement Control Order (MCO) period, and we minus it from the day we separated the delay, which is about 55 days.
“All five of them were successful on claiming against with and average amount of RM6,500,” he said in a press conference held after the proceedings at the old DUN Complex in Petra Jaya, today.
As for one other case, added Robert, also involving the delay on handing over and defect, a housing developers was ordered to pay a total of RM34,496.71 to the claimant Tan Hang Khen and Ten Lee Fong.
“We taken into account of when the Occupational Permit (OP) was issued because there was a delay of two months after the OP was issued.
“According to the developer, they could not contact the buyer, and we could not penalised the developer on that. So we calculated the delay up to the date of the OP was issued,” he said.
Robert said on the defection claim, it was proposed that the developer, buyer and the engineer undertake a joint-inspection and determine the outstanding defect, based on the lease that they sign when the property was handed over.
“Of course this include any other defect that become appearance at this time from the original construction. It will be determine by the three parties and the developer will rectify it. This is because some renovation works has been done to the property,” he added. –DayakDaily.