Tribunal orders developer to pay purchaser, fix defects of two houses within 45 days

Lim (centre) speaking to reporters as other tribunal panel Robert Elone Sireng (right) and Trabawan Mandi look on.

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KUCHING, Oct 17: A developer was ordered by the Sarawak Housing Purchaser Claims Tribunal to fix defects to the houses of two purchasers within 45 days of the hearing today.

On top of that, the Tribunal also ordered the developer to pay RM4,462.02 to one of the house purchasers for the grief he had experienced dealing with the defects in his new house after moving in since July last year.

Otherwise, the developer could be fined either a total not exceeding RM5,000 or jailed for a period not exceeding two years, or both under Section 53(1) of the Housing Development (Control and Licensing) Ordinance 2013.

Tribunal President Peter Lim Thiam Seng told reporters that the Tribunal’s decision on the two cases was solely based on the principle of late delivery of property from the developer to the purchasers.

“The first case, we have instructed the developer to pay the purchaser RM4,462.02 for late delivery of the property by the developer. At the same time, the developer was instructed by us to make necessary payment or repairs to the house within 45 days from today’s hearing.

Lim explained that while the purchaser in the other case was not claiming late delivery, the purchaser was not satisfied with the building construction.

“He feels that he wants to stay in the house but then the building is not done according to what has got to be done.

“So there are some defects to the building, and he is appealing to the developer, and we are asking the developer to rectify the defects within 45 days from today’s hearing,” Lim said.

Occupational Permits (OP) for their new houses were issued on June 29, 2018 and the houses were handed to the two purchasers on July 25, 2018. Both houses are single storey terraces at Samarindah here by the same developer. — DayakDaily