SCOPE, FUNCTIONS AND JURISDICTION OF THE TRIBUNAL FOR HOMEBUYER CLAIMS BY JAMHIRAH 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: Chairman Deputy Chairman Presidents 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 RM 50, 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 availability of common facilities
Broken and bent ceiling
Crumbled plaster cement (appropriate mixture ratio is 1 cement : 3 sand)
Unsafe wiring due to no conduits
Low quality of bricks and building structure (lintol) built from sandmixed concrete
Algae on wall caused by non appliance of moisture resistant base paint
Shoddy workmanship and finishing in the bathroom
Cracks on the wall
Leakage at the ceiling
Shoddy workmanship on kitchen and living area
NON-TECHNICAL CLAIM LAD (Liquidated Ascertained Damages) -Compensation for late delivery Late delivery of common facilities
Late delivery of Vacant Possession (Schedule H) 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 LAD = RM 42, 000(price) X 10% X 371 days 365 days - RM 4, 269. 04
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 RM 10. 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 16 AD 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 RM 5, 000 and shall not exceed RM 10, 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. my http: //ehome. kpkt. gov. my
THANK YOU
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