3rd Aug 2011
Every buyers have their own rights in owning a good home if not better. This is not the case all the time as time goes, human, including us, tend to become greedy. In this post, I won't be touching the greediness of the buyers but instead on the developers. I'm not saying all developers are the same but then, there are many out there who tend to be greedy by building under quality homes, breaking promises to buyers and many more. I see many cases that buyers complain about the developers but to buyers, they are all chicken and eggs stuff. They know as time past, these complains will become nothing.
For buyers, at least you should know your rights and to fight it, means you would need to know which medium to go through to get it done and I'm not saying you should go to Ah Beng and ask him to whack the developer up.
For your information, there are many channels you can go to and one of them is the Ministry. They have set up a tribunal to handle all these legitimate cases against developers by buyers and there, you can have your case heard in a proper manner within the means of the law. Below are the information on this tribunal that you should know and if have to, go to them:
Tribunal for Homebuyer Claims
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1. Objective
The Tribunal for Homebuyer Claims provides an easier, cheaper and faster means of dispute resolution for homebuyers claiming compensation/damages from housing developers.
2. JurisdictionThe Tribunal may hear claims from buyers on condition that:
a) A claim is filed no later than 12 months from the date of
i) issue of the Certificate of Fitness for Occupation (CFO) of the property; or
ii) the expiry date of the defect liability period as set out in the Sales and Purchase Agreement.
b) The Sales and Purchase Agreement involves housing accommodation built in a residential area.
c) Each claim does not exceed RM50,000 per cause of action unless
i) the claimant agrees to forgo the balance of the claim; or
ii) the acquiescence of the developer is obtained in writing for the matter to be heard at the Tribunal.
d) Sales and Purchase Agreements signed before 1 December 2002 can also be considered provided:
i) the claims fulfil the criteria stated above;
3. Filing and Registration Procedure
- The claimant may lodge his claim with the Tribunal in Form 1 (4 copies), enclosing his statement of claim and a fee of RM10. If there are two (2) names in the Sales and Purchase Agreement, both parties must put down their names, IC numbers and signatures in the claim form (Form 1). Both parties must attend the hearing, or if they are unable to attend, issue a letter authorising a representative to act on their behalf.
- Once Form 1 has been filed, the claimant must personally serve a copy on the developer either by hand (receipt must be acknowledged) or by AR registered mail.
- The developer may file his defence or counter-claim in Form 2 (4 copies) with a fee of RM10 within 14 days of the date of receiving a copy of Form 1.
- The claimant may file his defence to the counter-claim in Form 3 with a fee of RM10.
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4. Hearing Procedures
The Tribunal will issue a notice in Form 4 stating the date, venue and time of the hearing on both the claimant and the developer, in not less than 14 days before the date of the hearing.
No party shall be represented by an advocate and solicitor during a hearing before the Tribunal.
Both parties have the right to adduce evidence, call any witness, or tender any documents, records or things necessary in support of their respective claims.
At the hearing, the Tribunal shall, where appropriate, assist the parties to effect a settlement of the claim by consent (negotiation stage).
Upon completion of the hearing, the Tribunal will make an award.
The award must be complied with within the stipulated period set by the Tribunal’s President.
Any person who fails to comply with an award made by the Tribunal commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit (RM5,000) or to imprisonment not exceeding two (2) years or both. In the case of a continuing offence, the offender shall be liable to a fine not exceeding one thousand ringgit (RM1,000) for each day until the award is abided by.
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5. Hearing Of Claim Cases
The claimant who has received the full payment from the Respondent (Developer) for Tribunal's Award kindly inform the Tribunal (Mrs Santhy) by e-mail or mail addressed to:
Pn. Santhy,
Tribunal Tuntutan Pembeli Rumah
Aras 2 Blok B Selatan
Pusat Bandar Damansara
50782 Kuala Lumpur
Tel : 03 -2099 8402 / 03- 2099 8405
Faks : 03-2093 4776 / 03- 2095 9309
E-mail : santhy@kpkt.gov.my / tribunal@kpkt.gov.my
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7. Further Information
Secretary,
Tribunal For Homebuyer Claims
Ministry Of Housing & Local Goverment,
Level 2, Block B South,
Pusat Bandar Damansara,
50782 Kuala Lumpur.
Tel:
03-2092 4488 (Hotline)
03-2099 8405
Fax : 03-20934776
E-mail : tribunal@kpkt.gov.my
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Source: Ministry of Housing & Local Government
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