'Give housing tribunal full court powers'
10/06/2004 The Sun

KUALA LUMPUR: The Tribunal for Home Buyers Claims should be given full court powers, including the right to seize property, issue stop-work orders and stop development licences.

In suggesting this, MCA Kepong public service bureau chief Yee Poh Ping said currently, the tribunal does not have enough powers to enforce its awards.

He said the Housing Development Act, which was amended on December 2002, should also be amended to offer more protection to house buyers.

Highlighting the case of house buyers who took up units at Taman Fadason in Kepong, he alleged that the developer's appeal against the tribunal's award of late delivery compensation to buyers is a delaying tactic.

"The houses were supposed to have been delivered in 2001 but purchasers got them three to 12 months late.

The developer is required to make late delivery compensation but refused, so the purchasers took their cases to the tribunal.

"The tribunal decided in favour of the purchasers, but the developer is now delaying things by making an appeal. The tribunal has now advised the purchasers to get lawyers and pursue the matter in court.
"This is not right, the tribunal is supposed to be simple, affordable and fast," said Yee.

He said Section 16AC of the Housing Development Act (Control and Licensing) 1966 (Act 118) states that the tribunal's decisions are final and binding to all parties in the proceeding, as well as being considered a magistrate's court order.

If the developer refuses to honour the award, the claimant must inform the tribunal to register the award in a magistrate's court. Further action must be taken by the claimants.

Yee said the project had 1,080 low-cost units and 720 medium-cost units.

About 120 low-cost unit purchasers and 450 medium-cost unit purchasers brought their cases to the tribunal.

"Forty-eight house buyers have decided to pursue the matter to the end," he added.