The arm of
the law is to protect the public and not just …
(Re: Ong: Still best to go to court
for redress)
Press Release : February
27, 2001
Upon entering into
contracts with purchasers of property, developers ought to be guarded against
default and guided to comply with their obligations to housebuyers by the relevant
Ministry.
In failing to comply,
developers often get off 'scot-free', the government at this stage ought to
provide speedy remedy to the disgruntled housebuyers. The Ministry of Law has
already reiterated that the Courts are burdened with numerous cases resulting
in a back log. Instead of pushing the ' buck' to the Judiciary, the Executive
ought to take up the courage to provide alternative remedies.
In the article in "
The Star" on 23 February, 2001, the Minister of Housing and Local Government
stated that the best place to resolve the issue of late delivery by housing
developers was to resort to the 'Court for redress'. He said that at present
it is automatic for buyers to pay late payment charges to developers for progress
payment delayed. He further said that 'the reverse, however is not always practised.'
To say that the reverse
(meaning the late delivery interest) is not always practised is to say that
the developers are favoured and
they can get things their way leaving the house buyers on the disadvantaged
end. One should exercise the principal of fair play.
In respect of capping
the proposed Housing Tribunal's jurisdiction to claims from low cost units RM25,000,
one should direct their attention to the quantum of their claim. The claim,
if any, area pittance and low. It is our view that whatever under the purview
of the proposed Housing Development Act should be within the ambit of the Housing
Tribunal.
It has come to our
attention that Malacca has been the forerunner to a new process of eliminating
problems relating to non-application for Strata titles. Their concept is that
CF will not be issued until the developers (for high-rise building) had pre-paid
all surveyors' fees and premiums, processing fees for sub-division, application
for strata titles and until strata titles are issued. This will eliminate obstacles
for housebuyers against errant developers who are being wound up. We compliment
Chief Minister YAB Dato Wira Mohd Ali Rustam for having the foresight which
is due from a public holding officer and with the public at heart.
