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Condominium buyers stick to decision to go to tribunal over late delivery

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SANDAKAN: Disgruntled owners of Sri Utama Condominium here decided at a meeting yesterday to stand strongly behind their previous decision to bring their case before the Housing Tribunal.

They insisted that they should be compensated for late delivery of their units, said Sabah MIC Youth chief Taren Sunil Manoharan in a statement yesterday. He said during the meeting, many owners also complained about the shoddy workmanship within their respective units. They claimed that various works still ongoing when they were at the site for the handover of the units.

“In fact, we were all surprised that the developer had been able to secure OC for the units while a lot of works was still going on in the common areas like the stairs, foyer, etc. We wonder how this could be allowed by the Town Council and how the OC was issued to them before work has even been completed?” Taren pointed out.

“The unit owners had bought a total of around 60 units of the said condominium. During the meeting we reaffirmed that a hearing before the Housing Tribunal was the best solution. We have already applied for it,” said Taren after he and his fellow buyers had deliberated on the matter.

Calling on the Ministry of Local Government and Housing to set an early date for the hearing, the Sabah MIC Youth chief also warned property buyers not to let developers trample over their rights.

“It could set a precedent. If we do not stand up for our rights now and let them off the hook easily, in future certain irresponsible developers will start ignoring clauses in a Sale and Purchase Agreement that do not suit them,” he warned.

“We have tried negotiations for an amicable solution but, disappointingly, our meeting with them got nowhere,” he added.

The Sabah MIC Youth chief again pointed to Clause 1 (r) of the First Schedule that states “The Developer shall indemnify the purchaser for any delay in delivery of the vacant possession of the parcel”.

Taren urged the ministry concerned to give priority to setting up the tribunal as soon as possible to give property buyers an opportunity to voice their grievances.

“We must stop big companies from making arbitrary decisions that put house buyers at a financial disadvantage. Many of us have scrimped and saved for years to buy our properties and we have the right to claim compensation when delivery is not in accordance with the signed agreement,” he stressed.

“I am pleased that buyers are now much more aware of their rights,” he noted while pointing to the increased number of buyers at yesterday’s meeting as compared to the previous one.

“More are ringing us up to jointly seek justice,” he concluded.


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