Gated community residents upset over suit rejection

24/05/2006 New Straits Times

KUALA LUMPUR: Residents of gated communities are up in arms over the recent Consumer Claims Tribunal rejection of a suit over the responsibility of security guards.

National Consumer Complaints Centre (NCCC) manager Darshan Singh said it had received an average of 20 calls a day since the judgment.

"Many people are unhappy over the decision. They feel that they might as well bypass the tribunal and go directly to the High Court," he said.

The High Court hears requests for judicial review of tribunal decisions. But this can be costly as a suit in the tribunal costs only a few ringgit while going to High Court can cost thousands.

"The decision has sent the wrong message to security guards and management corporations," Darshan said. There was also the fear that the guards might collaborate with burglars.

Chuah Chong Huat sued Sin Heap Lee Property Sdn Bhd after his condo was burgled on Feb 24. In his judgment, tribunal president Hussain Mohamed Dewa said the security guards in the complex had done their job in providing minimal security by alerting police to the break-in.

Chuah said he was unhappy with the decision but couldn’t afford the cost of going to the High Court for review.

A check by the New Straits Times revealed that many people have criticised the decision over Internet forums.

A buyer, whose condominium complex has an average of five burglaries a month, said he felt like a loser for buying the units there.