Setia Alam House Buyers Sue Developer, PKNS
Date：2015/01/31
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SHAH ALAM -- Ten house buyers in Setia Alam here, have filed a lawsuit against a housing developer and Selangor State Development Corporation (PKNS).
Ruhani Baharum, 46, Tham Kok Pew, 53, Wan Mohd Wan Hashim Yusoff, 40, Mohd Nizam Abdul Rahman, 38, Hong Hong Chik, 41, Hing Aik Choong, 37, Ng Kim Thong, 45, Razmair Shah Abdul Razak, 37, Nordin Hisham Mohd Hanapiah, 46, and Ku Kean Thong, 45, filed the suit Wednesday, through law firm S. Surendran & Co.
In their statement of claim, the plaintiffs said in 2010, Sazean Development Sdn Bhd initiated a residential development project on a 143-hectare freehold property known as Anjung Sari@ Bandar Setia Alam, owned by PKNS.
They alleged that in 2010, they respectively entered into a sales and purchase agreement to buy a three-storey terrace house valued between RM548,888 and RM741,902.
They said a clause in the agreement stated that Sazean Development (first defendant) must provide vacant possession to the plaintiffs within 24 months from the date of the sales and purchase agreement.
The plaintiffs claimed they had not received vacant possession of their house, and Sazean Development's response to repeated queries was that the snag was due to PKNS' delay in giving the required approval.
According to the plaintiffs, they had paid nearly 95 percent of the purchase price of their house through bank loan to the first defendant.
The delay by Sazean Development in delivery of vacant possession was a breach of the terms in the sales and purchase agreement, they alleged.
The plaintiffs also claimed the first defendant's breach of the agreement was due to negligence, and PKNS' failure to ensure that the project was given to a reputable company with experience and financial standing, and able to complete it on schedule.
The actions of both the defendants, the plaintiffs claimed, had caused hardship as they could not reside in their dream home and consequently suffer losses as they were forced to pay rent while waiting to occupy it, or forego income from rental.
In this regard, the plaintiffs are seeking specific performance compelling Sazean Development to fulfill its obligations under the sales and purchase agreement.
Alternatively, should the first defendant fail to abide by the order, the plaintiffs want a declaration that PKNS together with Sazean Development must complete the project and deliver vacant possession of their homes in six months from the date of judgment, and bear the plaintiffs' losses incurred for rent and/or rental income opportunities.
The plaintiffs are also seeking a declaration that the two defendants were liable for liquidated ascertained damages, general damages, interest, costs and any other relief deemed fit by the court.
Meanwhile, Hong who acted as the plaintiffs' spokesman, told reporters that the action was taken as a last resort.
The writ of summons would be delivered to the two defendants tomorrow.