Problems with clogged pipes

01/07/2003 Malay Mail By Rita Jong, Sangeetha Nair, Sushma Veera and Muzliza Mustafa

Ngai, who returned from Hong Kong for good last year, was all set to move into his own house n Taman Bukit Cheras which he had bought about five years ago.

Life was bliss for him until two months ago when the bathroom on the ground floor of this house began giving problems.

As the underground drainage pipe was clogged, water could not flow out, making it impossible to use the bathroom.

Ngai called a plumber and even sought Indah Water Konsortium's (IWK) professional help to solve the problem but to no avail.

"The IWK staff told me that they could not fix the problem because the piping in the house was not properly constructed."

"They said that the pipe should not be bent as the standard piping system in housing areas should consist of straight pipes so that any blockage can be cleared,." he says.

"I was advised to call the developer about the problem," he said.

When Ngai called the developer, Titi Jaya Malaysia Sdn. Bhd, they denied that there was a defect and refused to fix the problem as the defect liability period had long expired.

Ngai got a contractor to replace the underground pipe which runs through his main hall, and was told that it would be expensive as the main hall would have to be dug up and then rebuilt after the pipe is fixed.

Ngai wants to know if there is anything that he can do to make the developer pay for the defective construction.

Indah Water Konsortium Head of Communications Amin Lin Abdullah confirms that the IWK staff had informed Ngai about the structure of the pipe, adding that there was a defect during construction.

He says IWK could not do anything and Ngai would need to engage the service of a private plumber.

Titi Jaya Malaysia Sdn Bhd general manager, Tai Yet Theam, asks Ngai to discuss the matter further with the company to solve the problem.

"We do not want to bear the costs if we find out that the pipe was well constructed and the problem was caused by misuse," he says.

He says that if it was their fault, the company would rebuild Ngai's main hall.

The National House Buyers Association (HBA) says if the pipe was not constructed according to the plans and specifications, it would constitute a breach of the sale and purchase agreement.

A spokesman for the association says the purchaser should require the developer to rectify the breach whether or not there is damage to the pipe systems.

"The defect liability period does not apply in this case when the breach is the major factor,: he adds.

The spokesman adds that the purchaser will also have to prove that the plans and specifications had not been adhered to by getting the expert opinion and/or a written report from either an architect/engineer or a suitably qualified building inspector.

"He can then write a demand letter to the developer, and if no action is taken, proceed with legal redress. Only the purchaser and/or his appointed solicitor can take action on the developer," adds the spokesman.