House buyers in a quandary over
developer's suit
05/07/2004 THE SUN KUALA LUMPUR: Taman Fadason house buyers want representatives from
the government to
speak for them in a court case brought against them by developer
Fadason Holdings (M) Sdn Bhd.
The developer has applied for judicial review of a decision of the
House Buyers Tribunal, which
gave out awards for late delivery of eight months to 42 low-medium
cost apartment buyers.
The awards, which were handed out in February last year, ranged
between RMl,000 and
RM4,OOO each.
In the High Court case, besides the 42 house buyers, the tribunal
and the Attorney-General's
Office were named as respondents.
When the case came up on June 28, the respondents were not
represented, and the court
postponed the case to Sept 29.
Kepong MCA division public services and complaints chief Yee Poh
Ping voiced the house buyers'
concern during a press conference yesterday.
"Despite the developer naming these government offices as
respondents, there were no
representatives. There should also have been a representative for
these buyers.
"Early last year, about 570 house buyers filed their claims to the
House Buyers Tribunal, but due
to lack of confidence in the tribunal's efficacy, despite its "Mudah,
Murah dan Cepat" (Easy, Cheap
and Speedy) motto, over 500 withdrew their claims.
"They opted for the developer's offers to settle their claims at a
20% discount, and those who
battled on seem to have lost.
"The buyers and those who helped them address the issue are very
upset," Yee said, adding that
they, cannot afford to employ a legal representative.
He called for a "clear explanation" from the Housing and Local
Government Ministry and for an
amendment to the current ruling on awards to protect the interest of
the house buyers.
"Currently, the tribunal hears cases and makes decisions, but it has
no right to enforce the judgment.
In the event of a non-compliance of an award, the buyer has to
submit a non-compliance letter to
the tribunal," he said.
The tribunal will record it at a magistrate's court and proceedings
that follow require the claimants
to either represent themselves or appoint a solicitor.
Yee said after long proceedings at the tribunal, set up for the
benefit of house buyers, they are
now faced with more burdens.
"The tribunal was portrayed to be a one-stop solution for house
buyers and now it washes its hands
off the responsibility after a non-compliance of award.
Perhaps it should change its motto to "Susah, Mahal dan Lambat" (Difficult, Expensive
and Slow).
"What is the use of its formation if it does not continue to help
the people?" he questioned.
Yee held the housing ministry's enforcement unit responsible for not
carrying out its duty and for
being reluctant to file a court case against Fadason for failing to
payout the awards.
"We want Housing and Local Government Minister Datuk Seri Ong Ka
Ting to handle this matter
personally or to give us a reply by next week, failing which, we
will make an appointment to see him,"
he added. |