Monday, December 27, 2004

Hear Ye! Hear Ye! Muafakat Kekal Sdn Bhd the Unscrupulous Developer of Palm Spring Damansara Condominium lost its first Housing Tribunal case!

Monday, 27 December 2004.
A brave lady, Ms Chin I congratulate you. Noticing from the gallery, this wronged lady took the action few small people dare. She rose up against the might of the Developer's $$ by filing her claim against them at the Housing Tribunal.
Will this open up the floodgate of claims against the "Developer" by all similarly wronged customer? I hope so! I really hope so.
Ms Chin, a prospective purchaser paid a deposit of RM3,000 to the "Developer" for a unit in the Palm Spring Damansara Project in Kota Damansara. She later decided against buying the unit for her own personal reasons and as such, did not sign the SPA. She contacted the "Developer" for a refund and was informed to write in. She wrote in and was replied with a simple NO REFUND. Days turn to weeks and weeks to months.... months into years. Through various means she attempted to obtain her refund but failed. Her last resort was to have a recourse at the Housing Tribunal.
Her case - booking fees or any monies whatever it may be called, is specifically not allowed to be collected by the "Developer" until and after the SPA is signed. So the collection of her deposit is illegal and therefore should and must be refunded to her.
"Developer" case - the booking fees form part of the 10% deposit paid and the application form signed is part of the SPA. Further, the "Developer" is exempted from the HDA as they are a quasi government body.
Tribunal's finding - Deposit taking is illegal as the application form cannot form part of the SPA as it is an incomplete document, further it is not provided in the Housing Developer Act. Any monies collected must be refunded to the purchaser. Muafakat Kekal is not the developer but merely a turnkey builder and an agent of sales to the Developer and landowner which is PKNS. Further, being exempted from applying for a Housing Developer's licence does not exempt the "Developer" from the rules and regulation provided under the Housing Developers Act.
I ask forth, all wrong house buyers of the Palm Spring Damansara Condominium that have their deposit forfeited to come forth. Come forth to the Housing Tribunal and stake your claim for a refund. Let no unscrupulous developer roam free amongst us, lest the house buyers suffer.
Filing a claim at the Housing tribunal is easy, cheap (RM10 only) and the no lawyers allowed! Hah! So the Developer's cannot use its $$ might to crunch the small people.
FURTHER CHEATING ATTEMPT VIA ITS SO-CALLED IN-HOUSE RENOVATOR
Muafakat Kekal is indeed a money grabber that bore an evil intent to hurt its customer. Delivering shoddy product very late and then, hit the customer with a sucker punch. HOW? By forming a pathetic Interior Decorator cum renovator, Spring Decor Sdn Bhd, to further cheat its already cheated Customer.
Spring Decor Sdn Bhd is run by two young school kid that is barely out of its napkin. The two untoilet trained kid are related to the "Developer". Using hard hand tactic to arm twist the house owners to use their services, so that the "Developer" does not have to patch up the defect in the property. And then depriving the house owners of the choice to choose their own renovator to build their own home! I for one, would never let this "Developer" cheat me twice, I will never use their "in-house" renovator. I urge no other house owners use their service too!
With such mess, such distress, such problems, such lousy quality property, I am stuck with a unit that cannot be sold..... strange as the property is in Kota Damansara! Housing Tribunal, anyone?