Kota Kinabalu: A local housing developer was ordered by the Housing Purchasers' Claims Tribunal here Wednesday to pay RM3,914.52 for failing to deliver a house to a buyer within the delivery period.

President Haji Ahmad Sedik made the ruling after SKPAB Holdings Sdn Bhd Director, Yapp Thien Shung and General Manager, Chieng Shaw An failed to convince the tribunal that the delay was caused by unavoidable circumstances.

The case was filed by Chin Kim Tong, who had signed a Sales and Purchase agreement with SKPAB on June 6, 2005 to buy a 2Ã-storey house in Taman Ganang, Kepayan, for RM188,000.

It was stated in the S&P agreement that the house would be complete and delivered to the purchaser after 30 months or on Dec 6, 2007, but actual delivery was delayed 95 days.

In its defence, SKPAB Holdings denied that the delay was due to a fault of their own. It claimed that it was due to the delay caused by Sabah Electricity Sdn Bhd (SESB) in relocating several high voltage poles situated near a site that was designated for the construction of a sewerage treatment plant.

SKPAB told the tribunal that its main contractor was not able to proceed according to schedule on excavation works for the sewerage treatment plant because the excavation site was too close to a high voltage pole.

It also told the tribunal that it had on many occasions communicated with the SESB in respect of the delay in relocating the poles.

However, according to Ahmad Sedik, SKPAB's progress reports had indicated that the sewerage works were completed in August, a full three months ahead of schedule before the property delivery deadline, which is Dec 6, 2007.

Ahmad said SKPAB had three months to obtain the required OC (occupancy certificate) but failed to do so.

He added that the delay caused by SESB did not extend beyond the delivery date, and therefore could not accept it as a reason for the late delivery.

Chin also made several small claims against SKPAB, which the tribunal felt deserved appropriate award.

Ahmad ordered SKPAB to build a roof gutter for the building, install a double bowl stainless steel sink in the kitchen to replace the single bowl one that was fitted, a metal screen for the air condition dock, and a functioning TV and antenna socket in the living room and master bedroom.

Other than that, Ahmad also reduced the deposit, which SKPAB had insisted from Chin, for maintenance fee.

SKPAB had required Chin to make a 12-month maintenance fee deposit, which Ahmad felt was too much and reduced it to three months.

He ordered Chin to make immediate payment to SKPAB of RM210 (RM70 per month for three months) for the deposit.