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Tenom housebuyers take developer to Tribunal
Published on: Thursday, November 27, 2014
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TENOM: The Housebuyers Claims Tribunal has postponed indefinitely the hearing of the cases filed by two house buyers against a housing developer for delayed delivery of their houses in Taman Ko Pelajaran.Tribunal President, Datuk Haji Ahmad Sedik said it was to allow him to look into the legal aspects of the cases after listening to the arguments from both parties.

He had earlier rejected a point raised by the claimant, Salwa Che' Din that the housing developer, Relitop Corporation Sendirian Berhad, was not cooperative when they engaged a mediator to help solve the problem.

The weather report submitted by Salwa to counter the housing developer's claim of weather problem as among the reasons for the delay was also rejected by Ahmad since it was obtained from unverified sources making her arguments to be merely hearsay.

Salwa said she bought her house for RM168,000 and signed the sales and purchase agreement on Nov 25, 2009 but the house key was only delivered to her on April 28, 2014 or 884 days late.

During the 884 days, she said she had to pay a total of RM32,550 which was the eight per cent interest for her bank housing loan.

The housing loan had to be paid once she signed the sales and purchase agreement, she said.

The developer argued that they had actually helped the buyer to pay the eight per cent interest on the loan, therefore the issue should not be raised by the buyer anymore.

Ahmad interjected asking the developer the reason for them to "help the buyer pay the eight per cent interest.

"I was merely helping her so that there will be no compensation claim for late delivery," the developer said.

However, Ahmad did not agree with the developer's move because it was the responsibility of the house purchaser to pay the interest for the loan unless it was negotiated and agreed upon earlier by both parties.

Meanwhile, another house buyer, John Majan claimed RM28,800 from the same developer for failing to hand over the house that he bought for RM133,000 through a government loan as agreed.

The house was supposed to be handed to him on Feb 10, 2012 but John only received it on Oct 29, 2014.





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