Developer ordered to pay 9 house buyers
17/03/2007 Daily Express
 
Kota Kinabalu: A housing developer has been ordered by the Consumer Claims Tribunal to pay, within 14 days, a total of RM27,000 or RM3,000 each to nine house buyers.

Tribunal President Yang Zaimie Yang Ghazali, who had in earlier sessions presided over the case, in his decision delivered by Tribunal President Hussain Mohamed Dewa Friday, held that the claim by Wong Mui Chiu, Jaibit Jaudin and Josephine Esidol, Wong Mui Fung, Hiew Oi Ching, Chin Pow Lo, Terence Francis, Lau Fook Chuan, Pang Ten Loi, and Lau Fook Chuan against K. T. I Development S/B, had basis.

In their claim, the house buyers cited defects and non-conformation of certain specifications in the building plan, ranging from roof leakage, gatepost, electrical outlet accessories, plumbing, front roof GI gutter, valley gutter hip rafter, A/C power points, water tank, Y16 top steel tension bar and incorrect ceiling level, among others.

They had requested for compensation or reimbursement amounting to more than RM10,000, respectively. Many of them had installed the absent features by the time they moved into their houses in Taman Nelly, Kolombong.

In an earlier session, City Hall engineer Kevin Liaw said the developer did submit an application to amend the plan.

"We did approve the amended plan but before that we asked whether the changes are to downgrade or upgrade. We only processed the Certificate of Fitness after detailed inspection by and confirmation from the Consultant (architect and electrical engineer) monitoring the project.

"For a project that has already been issued an Occupation Certificate (OC), it is a policy that we leave it to the developers to inform owners of the changes. If the changes would result in downgrading in quality, they have to inform the buyers."

Liaw said from City Hall's records, complaints had been received about defects relating to leakage of roof (after defect liability period).

"To tackle the issue we sent a letter to the developer. Based on the last meetings in November and December, we together with the Local Government and Housing Assistant Minister (Edward Yong Oui Fah) and officers visited the area. We issued a directive to expedite rectification of the roof. I understand they have asked for more time. They are in the process of repairing it."

K. T. I acknowledged that the issues raised pertained to Phase II of the project, which consists of 119 houses. They had initially offered to reimburse the cost for some of the features that have been installed by the claimants but the latter found the amount to be inadequate.