Housebuyers get RM 1.6mil
30/04/2005 The Star
KUALA LUMPUR: The High Court here awarded 136 housebuyers damages
amounting to RM1.6mil as interim payment for failure by the developer to
provide vacant possession within 36 months as stipulated in the contract.
Justice Datuk James Foong made the order in chambers.
Harwinder Kaur, counsel for the housebuyers, when met by reporters outside
the court, said Foong granted an application for an interim payment for
liquidated damages amounting to RM1,652,375 to the housebuyers.
However, Foong did not award the housebuyers payment for
common facilities amounting to RM298,080.
On Nov 2002, the housebuyers filed an application for an
interim payment amounting to RM1.9mil, including for the common
facilities.
The buyers of the houses in Jalan Sungei Besi worth
between RM25,000 and RM200,OOO each named housing developer Langkah Cergas
Sdn Bhd as the defendant.
They claimed that Langkah Cergas had breached the sale
and purchase agreement by failing to deliver vacant possession of the
properties with water and electricity supply duly connected within 36
months ,of the date of executing the agreements that they signed in 1993.
They also claimed that Langkah Cergas failed to apply
for the certificate of fitness (CF).
Langkah Cergas, claimed that an interim payment should
not be given because
it had no money. - Bernama. |