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HOUSING DEVELOPMENT (TRIBUNAL FOR HOMEBUYER CLAIMS) REGULATIONS 2002
PU(A) 476/2002

Parts

Part I - Preliminary

Part II - Commencement of Proceedings

Part III - Service

Part IV - Procedure

Part V - Miscellaneous

First Schedule - Fees

Second Schedule - Forms

HOUSING DEVELOPMENT (TRIBUNAL FOR HOMEBUYER CLAIMS) REGULATIONS 2002
PU(A) 476/2002
 

In force from: 1 December 2002
Jil. 46 No. 24 1hb Disember 2002 TAMBAHAN No. 124 PERUNDANGAN (A)
 

IN exercise of the powers conferred by section 16AI of the Housing Development (Control and Licensing) Act 1966 [Act 118], the Minister makes the following regulations:

PART I

PRELIMINARY

1.  Citation and commencement.

(1) These regulations may be cited as the Housing Development (Tribunal for Homebuyer Claims) Regulations 2002.

(2) These Regulations come into operation on 1 December 2002.

2. Interpretation.

In these Regulations, unless the context otherwise requires—

"case file" means a file opened by the Tribunal’s Registry for each claim lodged by the claimant;

"Assistant Secretary" means any officer appointed under section 16J of the Act;

"President" means any member of the Tribunal who presides over any proceedings in respect of claim brought before the Tribunal;

"Secretary" means the Secretary of the Tribunal appointed under section 16J of the Act and includes an Assistant Secretary; and

"Tribunal" means the Tribunal for Homebuyer Claims established under section 16 B of the Act.

3.  Jurisdiction.

The Tribunal shall hear any claim brought by a homebuyer not later than twelve months from the date of issuance of the certificate of fitness for occupation for the housing accommodation or the expiry date of the defects liability period as set out in the sale and purchase agreement.

4.  Prescribed fee.

The fees to be paid under these Regulations shall be as prescribed in the First Schedule.

5.  Forms.

The forms referred to in these Regulations are those contained in the Second Schedule.

PART II

COMMENCEMENT OF PROCEEDINGS

6.  Statement of claim.

(1) Every claim lodged with the Tribunal shall be in Form 1.

(2) The claimant shall state in Form 1 the amount and particulars of the claim.

(3) Form 1 shall be signed or thumb-printed by the claimant personally.

7.  Filing of Statement of claim.

Form I shall be filed in four copies in the Tribunal’s Registry together with the prescribed fee.

8.  Statement of claim to be sealed, etc., and entered in the Register.

(1) On receipt of Form 1, the Secretary shall cause the copies filed—

(a) to be sealed with the seal of the Tribunal; and

(b) to be dated and signed.

(2) The Secretary shall cause every claim filed to be entered in a book to be known as the "Register of the Tribunal" kept at the Tribunal’s Registry.

(3) Every claim shall be distinguished by a number and the year in which it is filed.

9.  Service of statement of claim.

(1) After a claim has been entered in the Register of the Tribunal, the Registry shall cause two sealed and signed copies of Form 1 to be returned to the claimant.

(2) The claimant shall serve one copy of Form 1 on the respondent.

10.  Defence and counter-claim.

(1) If the respondent who has been duly served with Form 1 disputes the claim, he shall deliver his defence in Form 2 within fourteen days after the service of the statement of claim.

(2) Form 2 shall contain particulars as to why the respondent disputes the claim.

(3) If the respondent has a counter-claim, he shall state the amount and the particulars of the counter-claim in Form 2.

(4) Form 2 shall be signed or thumb-printed by the respondent personally and if the respondent is a body corporate, Form 2 shall be signed by a director, manager, secretary or similar officer of the body corporate.

11.  Filing of statement of defence.

Form 2 shall be filed in four copies in the Tribunal’s Registry together with the prescribed fee.

12.  Statement of defence to be sealed, etc.

On receipt of Form 2, the Secretary shall cause the copies filed—(a) to be sealed with the seal of the Tribunal; and (b) to be dated and signed.

13.  Service of statement of defence.

(1) The Secretary shall return two sealed and signed copies of Form 2 to the respondent.

(2) The respondent shall serve one copy of Form 2 on the claimant.

14.  Defence to counter-claim.

(1) Where there is a counter-claim the claimant shall file a defence to such counter-claim in Form 3.

(2) Form 3 shall be signed or thumb-printed by the claimant personally.

(3) Subregulation 10(2), regulations 11 and 12 and subregulations 13(1) and (2) shall apply with the necessary modifications to a defence to counter-claim, claimant and Form 3.

PART III

SERVICE

15.  Address for service.

Every document which is delivered or forwarded to the Tribunal shall be endorsed with the name and address of the party delivering or forwarding the same and that address shall be deemed to be the address of service of the party.

16.  Manner of service.

(1) Service of a document on a person other than a body corporate or firm may be effected by—

(a) leaving the document with that person;

(b) tendering the document to that person; or

(c) posting the document on a pre-paid registered letter addressed to that person of his address for service or last known address.

(2) Service of a document of a body corporate or firm may be effected by—

(a) leaving the document with the director, manager, secretary or other similar officer of the body corporate or the proprietor of the firm;

(b) tendering the document to the director, manager, secretary or other similar officer of the body corporate or the proprietor of the firm; or

(c) posting the document in a pre-paid registered letter addressed to the director, manager, secretary or other similar officer of the body corporate or the proprietor of the firm at the registered office of the body corporate or firm or at its address for service.

17.  Substituted service.

The President may make such direction for substituted service of any document as he may think fit.

18.  Date of service.

The date on which any document has been left or tendered or posted in accordance with regulation 16 shall be deemed to be date of service of such document.

PART IV

PROCEDURE

19.  Fixing dates, etc., for hearing.

(1) Upon a claim being lodged with the Tribunal, the Secretary shall—

(a) fix the date, place and time of hearing in Form 4; and

(b) thereafter serve the notice of hearing on both the claimant and respondent.

(2) The Secretary shall serve Form 4 on the claimant and respondent not less than fourteen days before the date of the hearing.

20.  Award when statement of defence not filed.

If the respondent does not file his defence in Form 2, the Tribunal may—

(a) make an award for the claimant in Form 5 on the hearing date; or

(b) in its discretion adjourn the hearing to enable the respondent to file his defence.

21.  Admission of claim.

Where the respondent in his statement of defence admits the claim, the President shall make an award for the claimant in Form 6.

22.  Non-appearance of parties.

(1) If the claimant does not appear on the date, at the time and place fixed for the hearing but the respondent appears, the President may, if he is satisfied that the notice of hearing has been duly served—

(a) dismiss the claim, if the respondent has no counter-claim;

(b) make an award for the counter-claim, if the respondent has a counter claim.

(2) An award made under subregulation (1) shall be in Form 7.

(3) If the respondent does not appear on the date, at the time and place fixed for the hearing but the claimant appears, the President may, if he is satisfied that the notice of hearing has been duly served—

(a) proceed with the hearing in the absence of the respondent; or

(b) adjourn the hearing to a later date.

(4) Before disposing of the claim in the absence of the respondent, the President shall consider any representation submitted by the claimant.

(5) An award made where the respondent is absent shall be in Form 8.

(6) If neither party appears on the date, at the time and place fixed for the hearing, the action shall be struck out.

23.  Negotiation for settlement.

(1) At the hearing, the Tribunal shall, where appropriate, assist the parties to effect the settlement of claim by consent.

(2) An award obtained by consent shall be in Form 9.

24.  Hearing.

(1) At the hearing before the Tribunal, the claimant shall be entitled to adduce evidence, call any witness or produce any document, record or thing in support of his case.

(2) After the claimant has presented his case, the respondent shall present his case and may adduce evidence, call any witness or produce any document, record or thing in support of his case.

(3) After the claimant and respondent have closed their respective cases, a brief oral or written submission may be made by the respondent and thereafter by the claimant.

(4) The President may at any time assist the parties in conducting their cases.

(5) An award made under this regulation shall be in Form 10.

PART V

MISCELLANEOUS

25.  Summons to appear.

(1) The summons to any person to appear as a witness or to produce any document, record or other thing in his possession before the Tribunal shall be Form 11.

(2) Form 11 shall be signed by the Secretary and shall bear the seal of the Tribunal.

26.  Setting aside award.

(1) Any award obtained where one party does not appear at hearing, or any award obtained pursuant to regulation 20, may be set aside by the Tribunal on the application of the aggrieved party.

(2) The application shall be in Form 12 and shall be made within thirty days after the receipt of the award.

(3) Form 12 shall be served on the party who obtained the award.

27.  Adjournments.

The Tribunal may from time to time adjourn a hearing on such conditions as it thinks just.

28.  Costs.

The Tribunal may in its discretion award cost not exceeding five hundred ringgit to any one party.

29.  Notes of evidence.

The President shall—

(a) take notes of evidence;

(b) state the terms of any particular questions or answer; (c) make a note of the award made; and (d) sign or initial the notes of evidence.

30.  Records of proceedings to be kept.

(1) The Secretary shall keep records of all proceedings of the Tribunal.

(2) The records required by these Regulations shall be kept by making entries in the respective case file.

HOUSING DEVELOPMENT (TRIBUNAL FOR HOMEBUYER CLAIMS) REGULATIONS 2002
 

FIRST SCHEDULE

(Regulation 4)

FEES

SECOND SCHEDULE

(Regulation 5)

Forms