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Developer ordered to pay for late delivery

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SIBU: The Sarawak Housing Purchaser Claims Tribunal has ordered a developer to pay RM18,877.81 to a house buyer, Nayah Enggu, within 45 days for breach of contract. Yesterday’s hearing was presided by Peter Lim Thiam Seng, assisted by Robert Elone Sireng and Alhadi Ibrahim.

The developer was also ordered to repair damages to the house. Failure to do both would result in a fine of not more than RM5,000 or a jail term of not more than two years or both under Section 53 (1) of the Housing Development Ordinance (Control and License) 2013. Nayah told the Tribunal that the sale and purchase agreement (S&P) for the house that cost RM360,000 was signed on June 16, 2015 and the handover was supposed to be done within 24 months (June 2017).

The developer however only handed over the house to her on May 21 this year after the Occupational Permit was issued on April 8. The Tribunal rejected the reason given by the developer that the delay was due to bad weather, which delayed the completion of the house.

In another claim, Lim also ordered another developer to pay a house buyer, Evelyn Minggi, RM6,510 for late delivery of her house. Evelyn told the Tribunal that the S&P for the RM50,400 single storey house in Seduan Land District was signed on Nov 12, 2014. She was supposed to receive the house in 24 months but it was only handed over to her on Oct 10, 2018, which was two years late.

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