RM 3,914.52 award over late delivery of house
A claimant was awarded RM3,914.52 by the Housing Tribunal here over the late delivery of a house he bought from a developer. Housing Tribunal President Hj Ahmad Sedik granted the award after the respondent, SKPAB Holdings Sdn Bhd failed to produce documents to prove late issuance of Occupancy Certificate (OC) as the cause of the delay in delivering the house to the claimant. The claimant, Chin Kim Tong signed the sale and purchase agreement on June 6, 2005 to buy the two-and-a-half storey house (sub-divided building) in Taman Ganang Villa for RM188,000. The issuance of OC for the house was made on February 4,2008 while the delivery of vacant position was on March 10, 2008. However, the agreement stated that the delivery of house was to be on December 6, 2007, and the claimant said the respondent delivered the house 133 days late. General Manager Chieng Shaw An and Director Yapp Thien Shung, who represented SKPAB Holdings Sdn Bhd, contended that the delay was not due to the fault of the company. They said it was due to the delay caused by Sabah Electricity Sdn Bhd (SESB) in relocating the remaining high voltage electricity poles situated at the said site, which had caused the delay in the application for OC. While allowing the claim, Ahmad ordered the claimant to pay RM210 in service charge deposits for three months immediately to the respondent. The respondent was also ordered to build a roof gutter, install a television socket and antenna socket in the living room and master bedroom, a double bowl stainless steel sink and air-conditioner metal screen in the claimant’s house. The order was made by Ahmad after the claimant claimed that the respondent failed to provide the facilities in the house, as stipulated in the agreement.