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Police report against developer
Published on: Sunday, September 09, 2018

Penampang: A group owning 57 units of the Gardens @ Bundusan have jointly lodged a police report against the project's developer, Saturday.

Group spokesperson Eppe Charles Constantine, who was accompanied by their appointed lawyers, filed the report at the Penampang police station against the developer for failing to deliver their homes after more than 18 months of waiting.

"Most of us purchased the Gardens@Bundusan as early as April 2014 and the project was completed (100 per cent) in January 2017. However, the Occupancy Certificate (OC) has not been granted by Penampang District Council (MDP) due to problems with the access road."

He said the progress payment that the developer has claimed from all owners to-date (more than 18 months ago) has reached estimated 92.5 per cent.

"We the purchasers are unhappy with what is going on especially on the issue of road access. A meeting was organised by the developer at Ming Garden Hotel, which was only held upon strong demand from us, the owners. After that meeting, we have not received updates from the developer," he said.

He said when the purchasers signed the Sale and Purchase Agreements (at different times), the location plan annexed therein showed an access road clearly from the North East (via Mahkota).

"However, we have now been made to understand that the failure to obtain the OC for the project is because the developer is now claiming that the correct access road is from the South East (via Lorong Formosa B), and not from the North East (via Mahkota). This is important because, according to the MDP, this is not in accordance with the Approved Development Plan (DP). We, as purchasers and owners, feel extremely misled and confused by what is going on. When we signed the Sale and Purchase Agreements, it was represented to us (as per plan attached with the Sale and Purchase Agreement) by the developer that the access road is from the North East (via Mahkota). However, the developer is now saying that the access road is from the South East (via Lorong Formosa B)."

He said the group felt misled and cheated as the delay due to the issue of access road could possibly mean that when the developer started this project they, in fact, never had any access road for the Gardens project.

Eppe said the group is surprised that the Approved Development Plan (DP) can even be approved when there was no clear existing access road to the project.

The group was lodging the police report for further action and investigations against the developer over fears they may try to shirk their responsibility or abandon the project.

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