Long live the tribunal
NST 29/05/2005 By Ahirudin Attan
WE went to the Housing Tribunal the other day to "settle a score" with the
developer of our new house.The developer, which I
shall refer to as Selam Bhd, failed to complete our corner lot in Puchong
on time. Under the sales and purchase agreement, it had to pay
compensation for late delivery.
In our case, that would be about RM6,000. It is a
reasonable sum if you take into account the inconvenience the house-buyer
has to go through whenever a developer is unable to keep his part of the
bargain.
For example, a couple I know (whom I wrote about in this
column not too long ago) had to pay rent for the house they lived in as
well as the monthly installment for their new house because their
developer failed to deliver their house on time.
The woman hired to speak on behalf of Selam said her
employers would pay us RM2,000. I asked her why that amount when Selam
owed us three times as much?
"Well. if you are not happy, you will have to take it up
with the tribunal, in which case you may not even be awarded a single sen.
There have been such cases, let me assure you...," she said.
Whoa, is that so? Upset with this woman (who, by the
way, told us about the compensation only after we had asked her if the
company wasn't obliged to pay in the event of late delivery), I told her
we would see her and her employer in court.
And that was how we got to the tribunal, at the
Damansara Town Centre in Kuala Lumpur, a little after 8.30 that morning. A
notice by order of the Setiausaha pasted on the wall said you must be in
your respective chamber by 8.30am and until your case is heard by the
tribunal. But I wasn't surprised when we were told that we were "too
early".
At 9.15am, a chap with a goatie emerged from Chamber
Four and started to call out names. The persons whose names were called
were told to enter the chamber, where they would wait for their cases to
be mentioned.
Another half an hour went by before a cuff-linked
gentleman entered Chamber Two where we were waiting with about a dozen
other disgruntled house-buyers. He held up a file as he called out my
name. We followed him out to another room.
"My name is Nine (not his real name). Are we prepared
for a full settlement?" I had no idea how a tribunal was supposed to be
conducted so I had to ask Mr Nine who he was.
"I am the lawyer," he said. Are you representing us or Selam? "I am Selam's lawyer,"
he confessed. And you are offering to pay us the RM6,000 your employer
owes us? "Yes, but in two instalments." Ah. Suddenly everything became
clearer to me.
Firstly, you don't tell your house-buyer about the
compensation. Then, you offer the unhappy house-buyer a portion of what is
his. If he insists on the full amount, you tell him "see you at the
tribunal".
If, after all that trouble, the housebuyer calls your
bluff, offer him the full amount. So charming. The Missus was fuming.
She told Mr Nine to pay us our money in full within 30
days. At the hearing, Mr Nine told the tribunal judge, Puan President,
about our refusal to the two instalments.
He pleaded with the judge to grant the developer the
instalment scheme (payable within 70 days) or the developer's cash-flow
would suffer and this would jeopardise its objective of paying other
claimants as well as its larger aim of making sure that it continues to
have the means to continue with the housing projects it was undertaking.
I could not believe the gall. So when Puan President
asked if the claimants had anything to say to that, I stood up and said
Selam was such a huge corporation ("otherwise, we would not have invested
in its project in the first place, Yang Ariff") and RM6,000 would not
cause a dent.
I also told Puan President how Selam's representative
had badmouthed and undermined the tribunal. "They said if I were to go
before you, I might not get a single sen."
A few minutes later, we were told to rise. The Yang
Ariff ordered the developer to pay us the full amount in two instalments
but in nearly half the time Selam wanted.
Over teh tarik and roti later, we congratulated
ourselves for the moral victory. Selam was no poorer but we did not let
their Dirty Tricks Department get away this time. I only wished the
tribunal had had ticked Selam off for its scare tactics.
So if a developer dares you to take up your housing woes
with the tribunal, call his bluff. |