Kota Kinabalu: In a rare outcome, the Consumer Claims Tribunal on Tuesday decided in favour of the respondent, a housing developer, in respect of unpaid maintenance fee on the part of the claimant.

Tribunal President, Hussain Mohamed Dewa, said he would not want to set a precedence whereby apartment occupants will think it's okay to refuse paying maintenance fee on the excuse that the developer, through its Management Corporation (MC), had failed to "look after their interest".

Ordering the claimant, a Selesa Court resident, to instead pay the respondent, Globally Group Sdn Bhd, his dues amounting to RM1,714.60, Hussain who has served as a Magistrate, a Martial Court judge and a Syariah Court judge, said it would have far reaching consequences if he didn't make the award in favour of the respondent.

"You have to pay up your dues," he said, referring to the case in which the resident filed a claim against the developer in a bid to compel the latter to allow them to receive water direct from the Water Department's main pipe located outside the compound.

The MC is presently supplying the water to the residents pumped from the main pipe to a central tank. The management also handles the issuance of the water bill.

The claimant had pointed to the failure of the MC to see to the immediate rectification of the fault which lay with the wiring, causing the water pump to cease functioning at 10pm on Jan. 15, this year. The residents had to go without water for more than 24 hours.

Hussain, during the tribunal session, also explained to the claimant that getting water direct from the authority was out of the question in the case where the strata title has not been issued. Even the delay in the issuance of the title cannot be held against the developer. So in the event, the developer is responsible for managing the building through its MC, he said.

He again asserted that payment of the maintenance fee must be made. "You cannot on your part not pay maintenance and want to claim for all the amenities and the services. Nothing is free nowadays. It's just like you have to pay income tax. What do you expect if you don't pay?"

Hussain said he is aware of the existence of the MC and the 'maintenance fee' condition, which originated from the Ministry of Housing and Local Government as he had served there for four years.

Citing a situation, he said, in Kuala Lumpur, if the occupants are not satisfied with the arrangement, they can always report to the Exco of the Ministry and their officers could come and advise the two parties during their meetings.

"In this case, the fault was the work of rodents and not the respondent, who was not able to get a mechanic that instant as the breakdown occurred on a weekend.

"Unlike in KL, the MC would without hesitation cut off the water supply if you don't pay up. That is wrong, of course," he added.

The respondent had actually counter-claimed for RM1,889.60 in back-dated maintenance fee owned by the claimant, which the latter acknowledged at the tribunal. Meanwhile, the tribunal struck off a claim by Mohamed Faisal Mohd Noor after he failed to turn up for his case against Kenwood AV Centre. It is learnt he is presently overseas. Faisal bought a CD player for RM550 on April 17, 2004. It malfunctioned twice and he brought it to the shop for repair.

He was surprised when asked to pay RM300 as the product was still under warranty. He said he felt cheated and hence filed the claim to the tribunal.


Hussain stressed he had to dismiss the case although Faisal had through the tribunal's office requested for an adjournment. "But he did not give us any date. We cannot leave this file hanging. Anyway, he can file again later but he has to make himself available to come to the tribunal.

On the readiness of the respondent who was present, to negotiate, he explained, even if there was an offer, it was still subject to acceptance by the claimant.