sue State, contractor for negligence
21/01/1998 NST By
Annie Freeda Cruez
Shah Alam, Tues - Twenty-seven housebuyers
of a mixed housing project in Taman Alam Jaya, Sabak Bernam today filed three
civil suits in the High Court against the Sabak Bernam District Council and
Pingat Warisan Sdn Bhd for breach of contract and negligence.
The plaintiffs are suing the council and contractor
for negligence and failure to construct the buildings and infrastructures as
per the approved plans and breach of statutory duty on the part the council
as the developer.
They said the council had failed to ensure
that the contractor was building the houses and infrastructures as in the approved
plans. The suits were filed on behalf of the residents by their counsel Silas
The residents are Gan Ching Nyin, owner of
a double-storey bungalow house, Tan Beng Chee, owner of a semi-detached bungalow
house; and Rosnani Abdullah, owner of a single-storey bungalow house.
Tan is representing 19 housebuyers of semi-detached
bungalow houses while Rosnani is representing five buyers of single-storey bungalow
The plaintiffs want the ground level to be
raised to 1.8 metres above sea level or more as specified by the District Drainage
and Irrigation Department, a flood retention pond to be build in the housing
project to contain the overflowing water from drains flooding the housing estate,
to demolish the houses and rebuild them on higher grounds.
They are also seeking, among others, damages
for breach of contract and negligence, exemplary and punitive damages as much
as RM50,000 per plaintiff, damages for late delivery, loss in value and cost
for rectification and repairs.
In their separate statements of claims, they
said the Selangor Government had appointed SBDC to be the developer of the project.
The council, they said, entrusted the project
to Pingat Warisan in an agreement dated Oct 11, 1993, between SBDC and the contractor.
The contractor agreed that the building would
be constructed with good workmanship, in accordance with the plans and specifications
contained in the agreement and that no alteration or deviation would be done
without the written consent of the owner.
In spite of the agreement, the residents claimed
the contractor had failed to raise the level of the project site by 1.8 meters
above sea level as required by the district DID.
This, they said, resulted in flooding at their
housing estate each time it rained heavily.
They moved into their homes in June last year
after obtaining the Certificate of Fitness from the council.
They are 139 mixed houses in Taman Alam Jaya
and many of the house buyers have not moved into their homes because of the