Decision a plus for home owners

19/12/2003 MM By Sushma Veera

KUALA LUMPUR: The Court of Appeal has allowed the Government's appeal to hear cases brought up by housebuyers prior to Dec 1, 2002, as stipulated in the Sales and Purchase agreement.

The court also decided that the Tribunal for Homebuyer Claims has the jurisdiction to hear cases before that date said Housing and Local Government Minister Datuk Seri Ong Ka Ting.

"I am happy with the decision. It is a good decision and is in line with the purpose of the amended Housing Act, which is to protect the interest of housebuyers," Ong told The Malay Mail yesterday.

The tribunal was established via amendments made to the Housing Development (Control and Licensing) Act 1966 vide the Housing Developers (Control and Licensing) (Amendment) Act 2002.

On Sept 4 this year, Justice Datuk Mohamed Raus Sharif allowed the applications of two housing developers who sought a judicial review against the awards given by the tribunal in favour of six housebuyers who had made claims for alleged late delivery and failure to complete the common facilities.

The application, allowed with no order as to costs, nullified the awards given earlier by the tribunal in favour of the housebuyers.

Two days later, on Sept 6, The Malay Mail reported that Ong said that the Government would appeal against the High Court's decision.

Yesterday, Ong also said that the decision further confirms that the Ministry is right in amending the Act to allow the tribunal to hear cases between the stipulated period as allowed by the law.

"I advise all developers to honour their contractual obligations in the Sales and Purchase Agreement," he said.