Homebuyer Claims Tribunal resumes work

23/12/2003 The Star By Clarence Chua

KUALA LUMPUR: The Tribunal for Homebuyer Claims will resume hearing cases in the first week of February following the Court of Appeal’s ruling that it has jurisdiction to hear cases involving sale and purchase agreements signed before Dec 1 last year.

Hearings at the tribunal were halted since Sept 4 when High Court judge Datuk Md Raus Sharif allowed the application of Puncakdana Sdn Bhd and Westcourt Corp Sdn Bhd to seek a judicial review against the awards given by the tribunal in favour of six house buyers who claimed damages for the late delivery of their houses and failure to complete the common facilities.

Housing and Local Government Minister Datuk Seri Ong Ka Ting said that the 191 housing complaints filed after Sept 4 would be processed “as quickly as possible.”

As at yesterday, a total of 3,433 claims had been filed at the tribunal, 1,012 cases had been resolved while 2,421 were still awaiting trial, he said.

Ong warned developers that under Section 16AD and 16AC of the Housing Development (Control and Licensing) (Amendment) Act 2002, they could be held in contempt and might be fined or jailed if they failed to comply with decisions made by the tribunal.

“Developers should be responsible. Previously, errant developers had been exploiting loopholes, now the laws have been tightened and we will enforce them strictly,” he said after visiting the tribunal here yesterday.

The Court of Appeal allowed the appeal by the tribunal and 33 house buyers against a High Court decision, arguing that the question of Section 16AD of the Act (which makes non-compliance with tribunal decisions a criminal offence) being retrospective did not arise.

House buyers are entitled to file their case with the tribunal provided it is within the 18-month defect liability period stipulated in the sale and purchase agreement or not more than 12 months after the issuance of the certificate of fitness for occupation.

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.