scope, functions and jurisdiction of the tribunal for...
TRANSCRIPT
SCOPE, FUNCTIONS AND JURISDICTION OF THE TRIBUNAL
FOR HOMEBUYER CLAIMS
BYJAMHIRAH ALI
DEPUTY CHAIRMAN TTPR
TRIBUNAL FOR HOMEBUYER CLAIMS
What is it?
Tribunal For Homebuyer Claims (TTPR) is established under the Housing Development (Control & Licensing) Act 1966 on 1.12.2002
- It is a special tribunal established to hear disputes between homebuyer and housing developer
- It is easy, cheap and fast process
Members of the Tribunal are:-
ChairmanDeputy ChairmanPresidents appointed by the Minister (5 or more)Secretary
Who is homebuyer?
Homebuyer means a purchaser and includes a person who has subsequently purchased a housing accommodation from the first purchaser of the housing accommodation
Jurisdiction of the Tribunal
The Tribunal have jurisdiction to determine a claim where the total amount in respect of the claim does not exceed RM50,000
The claim is based on a cause of action arising from the sale and purchase agreement entered into between the homebuyer and the licensed housing developer
Claim must be brought by the homebuyer not later than 12 months from:-
a. the date of the issuance of the certificate of completion and compliance for the housing accommodation or the common facilities
b. the expiry date of the defects liability period as set out in the sale and purchase agreement
c. the date of the termination of the sale and purchase agreement by either party and such termination occurred before the date of issuance of the certificate of completion and compliance
The Tribunal have NO jurisdiction to determine any claim:-
- for recovery of land, or any estate or interest in land
- dispute concerning entitlement under a will or settlement or on intestacy
- dispute concerning goodwill- dispute concerning chose in action- dispute concerning any trade secret or other
intellectual property right
TYPES OF CLAIM
TECHNICAL CLAIM
- Damages for non compliance to specification
- Damages for defective workmanship
- Compensation for adjustment in land area
- Omission of work
- Defects, shrinkage or other faults to the building
- Incomplete or non availabillity of common facilities
Broken and bent ceiling
GALLERY
Crumbled plaster cement(appropriate mixture ratio is 1 cement : 3 sand)
GALLERY
Unsafe wiring due to no conduits
GALLERY
Low quality of bricks and building structure (lintol) built from sand-mixed concrete
GALLERY
Algae on wall caused by non appliance of moisture resistant base paint
GALLERY
Shoddy workmanship and finishing in the bathroom
GALLERY
Cracks on the wall
GALLERY
Leakage at the ceiling
GALLERY
Shoddy workmanship on kitchen and living area
Tilted floor
GALLERY
NON-TECHNICAL CLAIM
- Liquidated Ascertained Damages (LAD) / Compensation for late delivery
- Late delivery of common facilities
- Deposit refund
- Refund of Late Interest Charges
LATE DELIVERY OF VACANT POSSESSION(Schedule G)
a. Date of S&P signing - 14/03/1999b. Completion date - 13/03/2002c. Actual delivery of vacant possession - 18/03/2003d. Days of delay - 371 days
LAD =
RM42,000(price) X 10% X 371 days - RM4,269.04365 days
Late delivery of common facilities
a) Date of S&P signing - 14/03/1999
b) Completion date - 13/03/2002
c) Actual delivery of vacant possession - 18/03/2003
d) Days of delay - 371 days
Common facilities =
RM42,000 (price) X 10% X 20% X 371 days - RM853.80
365 days
COMMON FACILITIES
If the Sales and Purchase Agreement has been revoked the buyer may request the refund of 10% deposit previously paid to the Developer.
REFUND OF DEPOSIT
Brochure -vs- SPA
In the promotional brochures and sales campaign for
Sierramas Resort Homes (‘the housing estate’), the first
defendant had stated that a unique and special security
features would be provided by the second defendant within
the housing estate to ensure the safety and tranquillity of its
residents. The plaintiff purchased a housing lot and moved
into the housing estate. Subsequently, he was robbed when
the house was broken into (‘the said incident’). The plaintiff
commenced an action against the defendants for damages
arising from the defendants’ failure, neglect and/or
carelessness which resulted in the said incident.
DATO’ SOO LAI SING v KUMPULAN SIERRAMAS (M) SDN BHD & ANOR [2004] 3 MLJ 546
Held, allowing the plaintiff’s claim:
(1) On the facts, the first defendant did represent to the
plaintiff that it would provide special security features at the
housing estate and for this reason, the plaintiff was
completely persuaded to purchase a housing lot to later
reside there. Such security features must exist and must be
in operation at the time when any purchaser had come to
stay in the house he purchased in the housing project. Since
the first defendant had failed to provide the special security
features as represented, such omission tantamount to an act
of misrepresentation. Azmel J
“The brochure and folder of promotional materials used on
21/11/1996, and produced before the Court, are luxuriously
produced material, and not in the nature of the usual sales
flyers. The promotional materials were not trivial promotional
materials, but are a solemn effort to convey a distinct mental
image to the prospective buyer to persuade him to make not
any mere booking but a commitment to purchase by
payment of a non-refundable deposit.”
Ammer Ali Mohamad Yussof & Anor v. Sunrise Berhad [2008] 1 LNS
Sample Of Brochure
COMMENCEMENT OF PROCEEDINGS AT THE TRIBUNAL
A homebuyer may lodge with the Tribunal a claim in the prescribed form together with the prescribed fee claiming for any loss suffered or any matter concerning his interest as a homebuyer
The prescribed fee is RM10.00 payable at the time claim is filed in form 1
Upon lodging a claim with the Tribunal a sealed copy of form 1 will be returned to the claimant and the claimant shall serve one copy on the Respondent
The secretary to the Tribunal shall fix a hearing date
RIGHT TO APPEAR AT HEARINGS
Every party shall have the right to attend and be heard at the hearing
No party shall be represented by an advocate and solicitor at the hearing unless in the opinion of the Tribunal the matter in question involves complex issues of law and one party will suffer severe financial hardship if he is not represented by an advocate and solicitor
Decision of Tribunal to be final
Every agreed settlement recorded by the Tribunal and every award made by the Tribunal shall be final and binding on all parties to the proceedings Any person who fails to comply with the award made by the Tribunal within the period specified by the Tribunal commits an offence
Section 16AD of the Housing Development (Control & Licensing) Act 1966
Criminal penalty for failure to comply -
shall on conviction be liable to a fine which shall not be less than RM5,000 and shall not exceed RM10,000 or to imprisonment for a term not exceeding 2 years or both
Where to file a claim
A homebuyer can file their claim at the Tribunal office or through online
Information on Tribunal and forms can be downloaded at:
http://www.kpkt.gov.myhttp://ehome.kpkt.gov.my
THANK YOU