PUTRAJAYA: Ainun Mohd Ali and her family had to spend
RM80,000 to fix defects in a house they had bought for RM103,000 in 1986.
This was because the house they had bought in Taman Nirwana Phase 2,
Ampang, was riddled with defects.
Leaky sewerage pipes from the upstairs toilet leaked through the ceiling
down to their dining area.
FLAWED STRUCTURE: Saat Mohd Rashid showing the defects at his house in
Taman Nirwana Phase 2 in Ampang yesterday.
When it rained, water seeped into the house from numerous leaks due to
Yesterday, after a wait of 20 years, Ainun and others facing the same
predicament finally succeeded in their case for compensation, when the Court
of Appeal ordered the developer to pay damages for the defective houses.
Ainun, who is also the residents committee's secretary, was teary-eyed
after the decision was pronounced.
“The case has dragged on so long that one of the committee members who
initiated the suit in 1992 has already passed away,” she said.
Court of Appeal judges Justices Gopal Sri Ram, Azmel Ma'amor and Mohd
Noor Abdullah unanimously allowed the appeal of Raja Lob Sharuddin Raja
Ahmad Terzali and 38 others against a High Court decision favouring Sri
Seltra Sdn Bhd for not building the houses according to the plans and
The judges also ordered that the High Court's decision to strike out six
plaintiffs in the original suit be reversed.
This would bring the total number of plaintiffs to 45.
In his oral judgment, Justice Sri Ram said the judges were satisfied that
the High Court judge had failed to undertake judicial appreciation of the
evidence before him.
“There are other serious errors in the judgment but we will address this
in our written reasons in due course,” he said.
He said that since the damages of each plaintiff would need to be
assessed, he ordered the case to be heard for mention before the Kuala
Lumpur High Court's Senior Assistant Registrar this morning.
“This case has been going on for more than 10 years. We don't want them
to wait for another 10 more,” he said.
The group of residents filed a suit against Sri Seltra in 1992 claiming
that their double-storey terrace houses bought six years earlier were
riddled with defects.
At the outset yesterday, Sri Seltra's counsel N. Selvam submitted that
there were no defects and provided the original photographs of the exterior
of the houses in question taken by his client.
Saying that the houses were built according to specification, Selvam said
the defects were caused by the negligence of the housebuyers, as they did
not maintain their property.