Couple claims developer defaulted on refund
14/06/2005 Malay MailBy Dawn ChanKUALA LUMPUR, June 13 A couple claimed
that an Ampang-based developer had defaulted on the last instalment of a refund
of a deposit for a bungalow lot in Ulu Langat.
The developer failed to give the refund despite a court order in 2003.
Teacher Said Ali Abdul Kader and his wife, Zainab Hamzah, from Jalan U-Thant,
decided they had had enough after the developer had twice failed to obtain
a land conversion title from agricultural to residence for their land after
waiting for five years since 1997.
The couple told The Malay Mail that they subsequently filed the case in court
for reimbursement from the developer in January 2003.
“The case proceeded to an ‘ex-parte’ trial in September the same year after
the developer failed to show up three times.
“The judge delivered the verdict that the developer should compensate us in
full course, including lawyer and eight per cent interest fees,” said Said,
adding that the total amount is RM37,200.
He added that the developer failed to abide by the court order for a year,
and only responded after the matter was highlighted in a Bahasa Malaysia daily
in September 2004.
The developer then agreed to compensate in three instalments on Dec 31, 2004;
Jan 31, 2005; and Feb 28, 2005.
“The first payment worth RM10,000 was on time, but there were delays for the
subsequent payments. The second one for the same amount came only on March
23,” he said.
The final payment was to have been made in by April this year, then on June
10.
But a senior official from the company sent Said Ali an SMS informing him
they could not make payment due to financial difficulties.
After failing to meet or speak to the company officials, Said Ali lodged a
police report against the developer at the Ampang Jaya station on June 10.
The developer could not be reached for comment yesterday
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