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 |