MCA bureau aids residents in claiming damages
06/03/2004 The Star By Chow How Ban

TAMAN Fadason residents who want to make claims through the Housing Tribunal for damages due to late delivery of their flats, can submit the relevant documents to the Kepong MCA public service bureau.

The bureau, working with several Taman Fadason residents, will be accepting applications for claims and provide explanation on the procedures at its premises in the MCA building in Jinjang Utara from 8pm to 10pm every Wednesday.

The bureau will then forward the applications to the tribunal on behalf of the claimants.

The documents required are four copies of Form 1 (filled out by the claimant), a copy each of the Sales and Purchase (S&P) Agreement and Deed of Mutual Covenant, the receipt for the S&P legal fees and the notice for the draw for their lots.

The claimants will also have to pay a fee of RM10 to the tribunal for each claim they make.

Kepong MCA public service and government affairs bureau chairman Yee Poh Ping urged flats owners in Block A, B and C to speed up their applications so that they could claim the damages as soon as possible.

He said some owners in Block D, E and F had already won compensation for late delivery after the tribunal resumed in early February.

Apart from the choice of claiming through the tribunal, the affected owners were offered a Liquidated Ascertained Damages (LAD) settlement agreement by Fadason Holdings.

Under the agreement, the developer will pay the buyer 30% of the LAD amount that is subject to any deduction for outstanding quit rent, miscellaneous bills, water bill and service charges.

Within six months from the date of agreement, the developer will pay another 30% that is subject to any deduction and the balance of 40% will be paid to the buyer by way of contra of the buyer’s maintenance and service charges effective January this year.

During a meeting with the Block A, B and C buyers held at the MCA Jinjang building recently, Yee said the buyers would also have to pay RM100 legal fees to the appointed lawyer upon execution of the agreement.

He said the buyers should not bind themselves to the agreement by paying the legal fees, adding that the tribunal was a better solution.

According to the agreement, he said, they would not be able to institute any action against the developer in the court or the Housing Tribunal.

He said the buyers were unhappy with the terms of the agreement, as they had to pay the legal fees.

Block A, B and C consists of 1,080 units.