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Housebuyers get RM 1.6mil
30/04/2005 The Star

KUALA LUMPUR: The High Court here awarded 136 housebuyers damages  amounting to RM1.6mil 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 the housebuyers.

However, Foong did not award the housebuyers payment for common facilities amounting to RM298,080.

On Nov 2002, the housebuyers filed an application for an interim payment amounting to RM1.9mil, including for the common facilities.

The buyers of the houses in Jalan Sungei Besi worth between RM25,000 and RM200,OOO each named housing developer Langkah Cergas Sdn Bhd as the defendant.

They claimed that Langkah Cergas had breached the sale and purchase agreement 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.

They also claimed that Langkah Cergas failed to apply for the certificate of fitness (CF).

Langkah Cergas, claimed that an interim payment should not be given because it had no money. - Bernama.

 

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