Kota Kinabalu: A contractor was ordered by the Consumer Claims Tribunal to pay RM21,700 to a customer after failing to complete construction work on the latter’s house.
Tribunal President Salmi Zalinah Abdul Rahim ordered the contractor (respondent) to pay the amount to Miah Abdul Rahman (claimant) within 14 days.
Salmi made the decision after hearing statements from both parties and stated the contractor failed to complete the claimant’s house despite being given an extension of time.
Based on the facts of the case, the claimant’s original contract price was RM110,000, plus a renovation price of RM11,000, and the Letter of Agreement was signed on July 14, 2023, to complete her house within five months.
After the five-month period ended, the house was still not completed, and an agreement was signed on Dec 28, 2023, granting another five-month extension to the respondent.
Miah was not satisfied with the respondent’s service, and both parties signed the Letter of Termination on Feb 23 this year.
In defence, the contractor said he had been building houses for 12 years and claimed that Miah always asked for changes to the house construction plan, which interfered with his work.
However, Miah provided evidence in the form of photographs showing the contractor’s imperfect work and submitted documents indicating the changes and modifications amounting to RM11,000 had already been paid to the contractor.
In delivering judgement under Section 53 of the Consumer Protection Act 1999, Salmi said when services are provided to a customer, there is an implied guarantee that they will be performed with reasonable care and skill.
Furthermore, under Section 54(1) of the same Act, she said, when services are provided to a customer, there is an implied guarantee that the services and any product resulting from them will be reasonably fit for any specific purpose.
“In this case, the claimant depends on the skill and judgement of the respondent’s service provider in preparing her house,” Salmi said.
In another case involving an alleged fraudulent Umrah package between Glocal Travel & Tours Sdn Bhd and Salmah Aripin, the hearing was postponed to June 24 as the respondent was absent.
