Tribunal ready to hear cases
10/12/2002 The Star By Clarence Chua

KUALA LUMPUR: The Tribunal for Housebuyer Claims formed under the new Housing Developers (Control and Licensing) (Amendment) Act 2002 is now ready to hear cases.

Purchasers who signed their sales and purchase (S&P) agreements on or after Dec 1 can now circumvent the often tedious and costly court process by filing their complaints against developers with the tribunal.

According to its newly appointed chairman Kamardin Hashim, complaints can be filed at the tribunal office for a fee of just RM10.

The Act has no retrospective effect, which means that complaints filed prior to Dec 1 cannot be brought to the tribunal.

The tribunal will only hear grouses against the developer or a purchaser who has bought the property from the first buyer. It will not hear any cases from third or subsequent purchasers of a property. All proceedings of the tribunal shall be open to the public.

Jurisdiction of the tribunal is limited to hearing a claim not exceeding RM25,000 per complaint. An exception will be made if both parties agree to it in writing.

A buyer can file several complaints covering claims of up to RM25,000 each against a developer as long the complaints are within the ambit of the S&P agreement.

The tribunal will comprise a chairman, a deputy appointed from among members of the judicial and legal service, and not less than five members who must be either in the service or advocates and solicitors of the High Court in Malaya who have practised for seven years or more.

Branches of the tribunal can be set up in the peninsula by the Housing and Local Government Minister to hear disputes.

The chairman, his deputy or a member can sit alone to preside over any matter. No lawyers are allowed.

Kamardin, 47, from Kuala Kangsar has 23 years of judicial experience. The former senior Shah Alam Sessions Court judge started his judicial career as a judicial and legal service officer in 1979.

He then served as a magistrate, senior federal counsel, Sessions Court judge and deputy public prosecutor before being recommended by the Attorney-General’s Chambers to head the tribunal.

The tribunal office, located on the second floor of Block B, Pusat Bandar Damansara here, is open from Mondays to Fridays from 8.30am to 4.30pm and on Saturdays from 8.30am to 1pm. It can be reached at 03-2095 9297