Condo owners seek committal proceedings against developer

NST 09/08/2003

KUALA LUMPUR, Fri. - Owners of 74 condominium units at the City Garden Palm Villa Condominium housing project in Ampang have filed an application for leave to apply for committal proceedings against Sri Seltra Sdn Bhd and its seven directors for breach of a court order.

Sri Seltra is the developer of the housing project.

The ex-parte notice of motion was filed through Messrs A.J. Ariffin, Yeo and Harpal on Aug 1.

The notice, which named Sri Seltra, Foo Wan Kien, Fu Kau Cherng, Foo Meow Lan @ Foo Wah Yen, Foo Wan Hoong, Foong Yook Seng @ Lawrence Foong Yook Seng, Foo Wan Foo and Tan Sze Chee as defendants, was over their failure to adhere to a court order obtained by the owners on Oct, 11, last year.

The owners had applied for the order because Sri Seltra had, through a notice dated Oct 9, last year, threatened to deny them entry to their properties by implementing a new access card system.

The Oct 11 order was an injunction restraining the defendants from interfering in the plaintiff's peaceful and lawful occupation of their properties and enjoying the facilities.

The plaintiffs claimed that about 11.20am on Oct 11 last year, several of them were threatened by an employee of Sri Seltra for applying for the injunction. The incident happened on the same day the order was served on the company.

The plaintiffs claimed that on June 25 the electricity supply was disconnected to the common area serving the housing project affecting the lifts and other basic amenities.

Following the incident, the residents' association issued a letter to Sri Seltra requesting them to restore the electricity supply and reminded the company of the court order. Electricity supply was then restored.

The plaintiffs also claimed that Sri Seltra failed to settle an outstanding water bill of RM47,139.20 to Perbadanan Urus Air Selangor (PUAS) resulting in the disconnection of the supply to the housing project for six days beginning July 16.

As a result of the water being disconnected, the plaintiffs' solicitors wrote to the Fire Department on July 21 informing that Sri Seltra had breached a court order and that the company was endangering the lives of the residents.

The plaintiffs claimed that with the help of the Fire Department, water supply to the housing project was restored about 9am on July 22.

The plaintiffs claimed that the defendants, through their actions, had compromised the court's authority and lowered its dignity.