MIRI: The Tribunal for Consumer Claims on Tuesday ordered a housing developer to refund RM16,832.20 in down payment to a house owner for delay in handing over the latter’s property.
Work on the double-storey semi-detached house began on Jan 20, 2015 and was supposed to be completed on Jan 20, 2017.
“The owner (the claimant) Kho Wei Khiang was supposed to receive the house’s key on Nov 25, 2017 but the developer failed to fulfill the condition as stated in the Sales and Purchase agreement signed earlier,” said the Consumer Claims Tribunal president for Sarawak Datuk Maznah Dasmi during a hearing held at the Miri Magistrate Court.
She said the developer was 308 days late and the claimant did not receive the key to the property on the agreed date.
“The claimant has purchased the house for RM665,000 …and he was supposed to receive the property on Nov 25, 2017,” she added.
Maznah pointed out that following the failure, the developer was subjected to a penalty for the delay.
“The penalty imposed is at RM54.65 per day up to 308 days,” she said.
She added the amount should be settled within 45 days (from the hearing date).
On another matter, Maznah revealed that last year, 60 cases were received by the State Consumer Claims Tribunal involving various issues and complaints on properties (housing).
“Those complaints were mostly on defects in properties…and Kuching is topping the chart followed by Sibu,” she said.
However, she did not disclose the breakdown figures.
Also present were the Tribunal’s panels Alhadi Ibrahim, Trabawan Mandi and the developer’s representatives.
