New home turns into nightmare
23/06/2008 The Star By Chelsea L.
Y. Ng
KUALA LUMPUR: Housewife Chong Siew Har thought her dream of owning a
vacation home by the beach had finally come true when she bought a bungalow
lot in Sepang nine years ago.
Her hope turned into a nightmare when half way through its construction she
noticed severe defects on the building located just a five-minute drive away
from the Bagan Lalang beach.
Walking into her supposed dream home on June 21, 2002, the 58-year-old had
the rudest shock of her life when she saw that the house was built several
feet off its base, making it severely slanted; rusty water was gushing out
from all the sockets on the walls, a rain gutter channelled into the master
bedroom and water seeped out of the kitchen floor.
Also troubling her was that the nearly completed house did not look like the
plan presented by the developer earlier.
“Windows were missing from the built-up design. Now, the house is completely
different from the plan,” she told the Sessions Court here on Wednesday when
testifying in a suit she brought against the developer, Hong Leong Housing
Sdn Bhd.
Chong complained to the contractor and later to the developer but the latter
only made minor repairs.
The main defects remained unresolved and she filed a suit against the
developer in 2006 claiming RM150,429.32 for losses suffered.
Questioned by her counsel Thomas Wong, Chong said the house was never
completed and she had deemed her sale and purchase contract as having been
terminated when the developer failed to rectify the omissions and severe
defects.
“Imagine a gutter in the room.
“Ask anyone and he will tell you that a gutter is used to channel rainwater
off the roof, not into the house,” she said.
“There was a pillar. It was crooked and shaped like the letter ‘c’. When I
complained, they just shaved away the bulging parts and cosmetically covered
the curved-in part. It actually did not solve the problem,” she added.
Chong said she wrote numerous letters to the developer complaining about the
defects but did not receive any positive response.
The developer’s counsel, Sonia Abraham, in cross-examining Chong, contended
that the building plans were not totally in the control of her client and it
was subject to approval by local authorities.
Sonia is expected to ask further questions when the hearing resumes on July
17.
In its defence, the developer claims that the changes to the building plans
in the construction agreement were made on the architect’s instructions and
carried out to comply with local authority requirements.
It said the adjustments made and the slight differences raised were held by
the architect to be within tolerance. |