Housebuyers entitled to compensation, rules court
NST 22/4/2004

SEREMBAN, Wed. - The High Court today ruled that three house-buyers were entitled to compensation for being deprived of the occupation of their property.

Judge Datuk Azhar Ma'ah said the housing developer, Koperasi Kebangsaan Permodalan Tanah Berhad, had breached the terms of a Sale and Purchase Agreement (S&P).

He also said that the plaintiffs - Khoo Chik Sin and Khoo Su Chen, Mohd Haris Mohamad Nor, and Jeslina Ujang - were entitled to costs.

The plaintiffs had, in an agreement dated Dec 12, 1996, bought a property known as Unit Pemaju No DS 279, Fasa 2B, Bandar Seremban Selatan in Rantau near here at a price of RM119,000.

They decided not to move into their premises after they discovered that the company had failed to apply for a Certificate of Fitness (CF).
Azhar held that the defendant had clearly breached the fundamental terms of the S&P agreement as without the CF, the plaintiffs were prohibited from occupying their property.

He said it was beyond doubt that the defendant had not submitted an application for a CF to the appropriate authority and that until today, there was no evidence of such an application being made.

He added that the handing over of the property to the plaintiffs, under clause 21 of the agreement, was of no practical significance and meaningless to the plaintiffs.

The plaintiffs were represented by Mahendran Kevin while the defendant by Anthony Joseph Param.