Court awards 136 housebuyers
RM1.6m
The Sun 30/4/2005
KUALA LUMPUR: The High Court here today awarded 136 housebuyers damages
amounting to RM1.6 million as interim payment for failure by the developer
to provide vacant possession within 36 months as stipulated in the
contract.
Justice Datuk James Foong made the order in chambers.
Harwinder Kaur, counsel for the housebuyers, when met by reporters outside
the court, said Foong granted an application for an interim payment for
liquidated damages amounting to RM1,652,375 to 136 housebuyers at Desa
Pakar, Jalan Sungai Besi, here.
However, Foong did not award the housebuyers payment for common facilities
amounting to RM298,080.
On Nov 2002, the 136 housebuyers filed an application for an interim
payment amounting to RM1.9 million, including the amount for the common
facilities.
The buyers of low- and medium-cost houses worth between RM25,000 and
RM200,000 each named housing developer Langkah Cergas Sdn Bhd as defendant
in their application.
They claimed that Langkah Cergas had breached the housing and commercial
sale and purchase agreements by failing to deliver vacant possession of
the properties with water and electricity supply duly connected within 36
months of the date of executing the agreements that they signed in 1993.
Furthermore, they claimed that Langkah Cergas also failed to apply for the
certificate of fitness (CF) pursuant to the requirements in the
agreements.
Langkah Cergas, in its statements of defence, claimed that an interim
payment should not be given because it had no money to pay the housebuyers.
It contended that the Foong should not hear the application for interim
payment by the plaintiffs. |
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