Court reduces compensation
NST 23/7/2005

KUALA LUMPUR, July 22:

A retired Army major awarded RM13,340 last year by the Tribunal for Housebuyer Claims over a leaking water tank in his house saw the amount reduced by nearly RM10,000 today.

The tribunal today ordered BBN Development Sdn Bhd to pay only RM3,540 to Major (Rtd) Muthusamy Kolandavallai, 68, within a month for damage to his single-storey terrace house in Nilai.

Last year’s decision came after the developer’s representatives failed to turn up for the second hearing of the case.

However, last month, the tribunal directed Muthusamy and his daughter Cheedra Devi, the co-claimant, to return the money to the developer and go through a re-trial after the developer petitioned the High Court for a judicial review.

The UN-Congo veteran, interviewed later, was disappointed with the decision but will not file an appeal.

Tribunal chairman Kamardin Hashim, in his judgment, said he was ruling out claims for the water tank to be changed and instead relocate it to a new spot in the house.

He only allowed half the amount for furniture repair. Muthusamy, in his claim, said the water tank situated between a bedroom and the sitting room started leaking in October 2002.

Repairs were subsequently carried out by the developer with the assurance that the problem will not recur.

But the next two months saw the tank leaking again and causing damage to the walls and furniture with the last incident in June 2003.

Muthusamy claimed the developer refused to take responsibility for the leakage because the developer’s warranty was only for 18 months from the date the Certificate of Fitness was issued in Jan 2002.