‘Take stubborn builders to task’
The Star 9/6/2005 By Esther Chandran
THE Housing and Local Government Ministry has been urged to come down hard
on developers who violate judgments awarded by the Tribunal for Homebuyers
Claims.
MCA Kepong Public Service and Government Affairs bureau chairman Yee Poh Ping
said the tribunal's judgment was futile if a respondent disregarded the decision.
He said a group of 100 buyers of the Desa Heights Condominium in Kepong were
awaiting payment from the developer following a judgment by the tribunal last
year.
Yee handing over the housebuyers complaint forms to a representative of the
ministry's enforcement department.
Yee said the house buyers had forwarded their claim against the developer
for late delivery of vacant possession.
The tribunal then awarded RM3,000 to RM8,000 in compensation to the buyers
of the low- and medium-cost homes in May last year.
“The developer was given a specified date by which to pay the sum, but to
date, the buyers have received nothing,” Yee said after representing a group
of 65 housebuyers to file their complaints at the ministry's enforcement department
on Tuesday.
Yee said the other 35 purchasers would file their complaint once they had
been located.
“We appeal to Housing and Local Government Minister Datuk Seri Ong Ka Ting
to look into the matter and direct the developer to pay what is due to the
buyers,” he said.
Yee said if the ministry did not intervene, then the decision of the tribunal
was ineffective.
“According to a guideline from the ministry, the tribunal does not enforce
its award for or on behalf of claimants against errant respondents or prosecute
errant respondents for non-compliance of the tribunal award.
“If this is the case, how do you enforce the tribunal's award?” Yee asked.
He appealed to Ong to call a meeting between the buyers and developer to urge
the latter to settle the amount owed.
Yee also hoped that the minister would help settle a High Court action filed
by the developer against Lee Wai Thong, a housebuyer, regarding the same matter.
Lee, 29, said he had to engage a lawyer because of the legal action against
him.
“I was happy to learn of the tribunal's award as I would be able to get some
money.
“Instead, I have to fork out money to engage a lawyer to fight for monies
owed to me,” he said.
The developer's representative Paul Lee said the developer had the right to
seek judicial review of the tribunal's decision.
“We are taking the legal avenue afforded to us under the law which allows
us to take one buyer at a time to court,” he said. |
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