KUCHING: The Sarawak Housing Purchaser’s Claims Tribunal will give judgement on a later date on five cases against four housing developers.
The three-member panel comprising president Trabawan Mandi, Robert Elone Sireng and Mohamad Abdul Aziz Ariffin said they had not been able to come to a decision over the disputes during the hearings and would have to take all the evidence into account.
Trabawan disclosed that the disputes included for liquidated ascertained damages (LADs), defects, non-compliance with specifications and late completion of common facilities.
The first two cases consist of two disputes on LADs against a housing developer.
“In the case, a representative from the developer argued that the claimants can only file the claim once the occupational permit (OP) is issued as per Regulation 3 of
Housing Development (Tribunal for Homebuyer Claims) Regulations 2002.
“However, the regulation also states before the expiry of the defect liability period. So it is not necessary when the OP is not issued, they (claimants) cannot file the claim because the (defect liability) period is there within 18 months before the expiry of the period.
“Hence to us, there is no issue that the Tribunal lacks in jurisdiction to hear the cases,” he told the media on Tuesday (March 30) at the Kuching Court Complex.
The third case involved a dispute on LAD and late completion of common facilities against a different housing developer. Meanwhile, the fourth dispute was on LAD against another housing developer.
The last case involved a dispute on defects and non-compliance with specifications against a housing developer.
Trabawan noted that the panel would come to a decision at the earliest and another hearing would be held with the claimants and developers.
To date, the Tribunal has received 38 cases, including Tuesday’s five. Last year, there were 110 cases.
