Claim your LAD now before it is too LATE.

Sentosa Restu (M) Sdn. Bhd (TALAM Group) is leaving a host of problems for the owners and residents of Komplek Suria Kinrara.

Talam, a public company under PN17 and IJM Construction (parent company IJM is also public listed), the main contractor for the project revival,  did a good job in completing the project.  Although the project was delayed by 1½ years from the court sanctioned completion date, IJM Construction delivered the project with fairly good  finishing.  There are defects in individual units but mostly internal  defects, and they are minor in nature. The major defects are found in the common property.

The two swimming pools were encountering filtration system problems for a couple of months. Now, they look alright.

The biggest problem is with the electrical contractor, DAMAI ELECTRICAL ENGINEERING SDN BHD No,31 LORONG BUNGA MELATI 2A,TAMAN MAJU JAYA,68000 AMPANG, SELANGOR.

This sub-contractor is giving  endless problems with all the corridor lighting. Even the internal wiring were badly done. Many owners engaged their own wireman to rectify the wiring system. They simply cannot wait for the irresponsible Damai Electrical workmen. Why is Sentosa Restu not taking action against Damai Electric? Up to this point of writing this post, the corridor and compound lighting are still out.

The lifts failed frequently. They are still under warranty, Why is Sentosa Restu not taking any action against the lift supplier?

The Automatic car park access system is one of the considerations given to purchasers, approved and sanctioned by the court. This system is deliverable upon hand over of vacant possession. The system is still not operational until today. Isn’t this a clear contempt of court order?

According to the Sale and Purchase Agreement, the Fourth Schedule Specifications, all doors are plywood flush doors. But the internal doors for all your rooms and toilets are cardboard doors. This is a deviation from the agreed specifications  and amounting to cheating  the purchasers.  Who is responsible for this? Sentosa Restu or Contramec?

CF (Certificate of Fitness for Occupation) was issued by Majlis Perbandaran Subang Jaya (MPSJ)on the 8 October 2010. But the management company has to engage private garbage contractor to dispose garbage from the complex. Why is the residents’ money being used to dispose garbage and at the same time assessment is collected from the owners?  Sentosa Restu is negligent in submitting the required documents to MPSJ to effect the full services from MPSJ. Right?

What is your perception of Talam, Sentosa Restu and IJM, as a housing developer and contractor for housing project?  You can form your own perception and opinion of them.

According to Clause 22.4 of the Sale & Purchase Agreement for Suria Kinrara, Sentosa Restu  covenanted and agreed to pay Liquidated and Ascertained Damage (LAD) to all purchasers  at 10% per annum  for any delay in delivering the vacant possession. Upon full  payment of the purchase price, Sentosa Restu is still not paying the LAD.  Six month has lapsed since the delivery of vacant possession and there is still no news on the LAD. 

According to the Housing Ministry Housing Tribunal's regulation,  all LAD must be claim within stipulated time frame:-

Jurisdiction of Housing Tribunal,
The Tribunal may hear claims from buyers on condition that:
a) A claim is filed no later than 12 months from the date of:-

i) issue of the Certificate of Fitness for Occupation (CFO) of the property; or
ii) the expiry date of the defect liability period as set out in the Sales and Purchase Agreement.

Details of Housing Tribunal is appended below:

Top of Form Bottom of Form ·          Newspaper Cutting ·          Speeches ·          Publications ·          Media Programme o    Press Release  Licensing Tribunal For Homebuyer Claims Housing Loan Scheme Housing Legal Clinic Prosecuted&Fined Developers Inquiries & Complaints Recycle Guestbook Visitor: Public Visitor: Private Visitor: Government Visitor: MHLG  Licensing Housing And You Landscape Local Authorities Department Of Town&Country Planning Solid Waste And Public Cleansing Management What Is RSS? Do you agree with the proposal that people who borrow money from loans sharks should be prosecuted?  Agree  Not Agree View Past Polls                             Tribunal for Homebuyer Claims 1. Objective The Tribunal for Homebuyer Claims provides an easier, cheaper and faster means of dispute resolution for homebuyers claiming compensation/damages from housing developers. 2. Jurisdiction The Tribunal may hear claims from buyers on condition that: a) A claim is filed no later than 12 months from the date of i) issue of the Certificate of Fitness for Occupation (CFO) of the property; or ii) the expiry date of the defect liability period as set out in the Sales and Purchase Agreement. b) The Sales and Purchase Agreement involves housing accommodation built in a residential area. c) Each claim does not exceed RM50,000 per cause of action unless i) the claimant agrees to forgo the balance of the claim; or ii) the acquiescence of the developer is obtained in writing for the matter to be heard at the Tribunal. d) Sales and Purchase Agreements signed before 1 December 2002 can also be considered provided: i) the claims fulfil the criteria stated above; 3. Filing and Registration Procedure The claimant may lodge his claim with the Tribunal in Form 1 (4 copies), enclosing his statement of claim and a fee of RM10. If there are two (2) names in the Sales and Purchase Agreement, both parties must put down their names, IC numbers and signatures in the claim form (Form 1). Both parties must attend the hearing, or if they are unable to attend, issue a letter authorising a representative to act on their behalf. Once Form 1 has been filed, the claimant must personally serve a copy on the developer either by hand (receipt must be acknowledged) or by AR registered mail. The developer may file his defence or counter-claim in Form 2 (4 copies) with a fee of RM10 within 14 days of the date of receiving a copy of Form 1. The claimant may file his defence to the counter-claim in Form 3 with a fee of RM10. 4. Hearing Procedures The Tribunal will issue a notice in Form 4 stating the date, venue and time of the hearing on both the claimant and the developer, in not less than 14 days before the date of the hearing. No party shall be represented by an advocate and solicitor during a hearing before the Tribunal. Both parties have the right to adduce evidence, call any witness, or tender any documents, records or things necessary in support of their respective claims. At the hearing, the Tribunal shall, where appropriate, assist the parties to effect a settlement of the claim by consent (negotiation stage). Upon completion of the hearing, the Tribunal will make an award. The award must be complied with within the stipulated period set by the Tribunal’s President. Any person who fails to comply with an award made by the Tribunal commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit (RM5,000) or to imprisonment not exceeding two (2) years or both. In the case of a continuing offence, the offender shall be liable to a fine not exceeding one thousand ringgit (RM1,000) for each day until the award is abided by. Overall Claims Procedure Flow Chart 5. Hearing Of Claim Cases The claimant who has received the full payment from the Respondent (Developer) for Tribunal's Award  kindly inform the Tribunal (Mrs Santhy) by e-mail or mail addressed to: Pn. Santhy, Tribunal Tuntutan Pembeli Rumah Aras 2 Blok B Selatan Pusat Bandar Damansara 50782 Kuala Lumpur Tel : 03 -2099 8402 / 03- 2099 8405 Faks :  03-2093 4776 / 03- 2095 9309 E-mail : santhy@kpkt.gov.my / tribunal@kpkt.gov.my  6. List of Application Forms (Please Read This Guide First)  Form 1 (Regulation 6) – Statement of Claim in the Tribunal for Homebuyer Claims Form 2 (Regulation 10) – Statement of Defence and Counter-Claim in the Tribunal for Homebuyer Claims Form 3 (Regulation 14) – Defence against Counter-Claim in the Tribunal for Homebuyer Claims Form 12 7. Further Information Secretary, Tribunal For Homebuyer Claims Ministry Of Housing & Local Goverment, Level 2, Block B South, Pusat Bandar Damansara, 50782 Kuala Lumpur. Tel:  03-2092 4488 (Hotline) 03-2099 8405 Fax : 03-20934776 E-mail : tribunal@kpkt.gov.my

(with courtesy from Ministry of Housing and Local Government) http://www.kpkt.gov.my/kpkt_en/main.php?Content=sections&SectionID=4

All Suria Kinrara owners should proceed to submit your claim to Sentosa Restu (M) Sdn. Bhd. immediately. And after reasonable time period(14 days), if Sentosa  Restu did not reply, proceed to file your claim with the Housing Tribunal.

Sample letter to Sentosa Restu (M) Sdn. Bhd. to claim your LAD or other damages is appended below.

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Date:                    

Sentosa Restu (M) Sdn. Bhd. (Company No. 177756-D)

Level 2, Menara Maxisegar,

Jalan Pandan Indah 4/2,

Pandan Indah,

55100 Kua la Lumpur.

Dear Sir,

RE: Claim for Liquidated and Ascertained Damage (LAD) on late completion and delivery of Suria Kinrara to Purchaser  - Lot : Unit No. A 8-03 Block A, Komplek Suria Kinrara.

In accordance with Clause 22.4 of the Sale and Purchase Agreement for the above-mentioned Lot dated 15 May 2004, Sentosa Restu (M) Sdn. Bhd. is obligated to pay LAD at 10% per annum to the purchaser for the late delivery of vacant possession from the stipulated delivery date.  The stipulated delivery date as per Court Order (Perintah Mahkamah)  Petisyen No.06-26-61-08 Dalam Mahkamah Tinggi Malaysia, Kuala Lumpur dated 17 September 2008 is not later than 8(eight) months from the date of court order. The latest stipulated completion date is 17 May 2009.

Sentosa Restu (M) Sdn. Bhd delivered the vacant possession to purchasers on the 11 October 2010. The delivery of vacant possession was 512 days late. Based on the Sale and Purchase agreement, Sentosa Restu (M) Sdn. Bhd is contractually obligated to pay me the sum of RM12,330.08 (Ringgit Twelve thousand three hundred and thirty and sen eight only) being the LAD computed as follow:-

Purchase Price ( RM87,900 X 10%)/365 days  X 512 days = RM12,330.08.

I hereby demand that the sum of RM12,330.08 be paid to me not later than 14(fourteen) days from the date of this letter.

Should you fail to do so, I shall proceed with further actions to recover this sum without further reference to you.

Your sincerely.

(Type your name here)  

                                                                                     Acknowledge Receipt

                                                                                     (Chop and sign)

                                                                                     -------------------------

Address:  (type your correspondence address here)

Owners of Suria Kinrara are given the copyright authority to copy this sample letter from the blog.

I request all owners to submit your LAD claim immediately. Sentosa Restu is unlikely to respond to you. After 14 days, proceed to file your claim with the Housing Tribunal.