It sounds like that MJ's song, doesn't it? Precisely, that's how some of us felt today.
We had good vibes that we could finally close this chapter on our delayed completion claims with a housing project developer. When receiving the notification letter of the tribunal hearing date, we had this in mind, "Ahh finally someone is doing something to help us."
Well, you see I had bought this property near my old office some years ago. Reason being...dekat dengan my office, and I wouldn't have to travel so far from SA to Sri Kembangan. The developer, an established company had superb delivery records. We checked them out and we tracked their performance like a policeman. In fact when we asked friends who bought from them, there was not a single damaging complaint about them. No delays no glitches.
Anyway to cut the story short, the property was due for completion in 2006. But during our periodic visits to the development site, hardly any progress was seen. Then we heard in the news that the developer was slapped with some legal tussle. You know lah the usual crap - no funds, legal suits...bla bla bla...
Then the long silence. And the construction site became an abandoned eye sore. We inquired, but we were told to be patient as the project would resume soon.
Well, it did. And late last year we went to collect our house key. Everything was in order. No major complaints on the finishing of the house. But there is just one thing which is not right....its completion was way, way delayed. And as per stated in the S&P, we could make monetary claims for the late delivery.
So we did....
We went to the developer's office to file our claims. Personally, I am very skeptical on this. But Abe said since it is stated in the S&P, we have the right to claim. Okay lah...since you are the paymaster, WE claim lah. And when we calculated the amount came up to quite a handsome figure (me already thinking of cruising the Mediterranean with that money...heh heh)
When we got to the office, we were told a different story. Our numbers and theirs did not tally. IT WAS MUCH MUCH LESS!!! (aihhh...apakah?? And bagaimanakah cara your calculations?? Guna calculator chap mancis api eh?? )
Okay, I was still cool about it and so was Abe. We asked around and were told that we could file our case at this government unit - the tribunal pembeli rumah. And we did and finally today we were called to present our case. Hope floats again... (read: sunbathing on deck to Barcelona, Naples, Rome, Florence, Nice, Marseilles.....)
But what happened at the tribunal was a different story. We were told that the developer now has a court protection from having house buyers making claims from them. It's like a restraining order on the house buyers and the developers have become the untouchable ones!! Errr...excuse me, we were the ones who had to still service our loans even though the property did not show any sign of materializing. We were the ones experiencing the delay and they get to hold on to their money still. Apakah?? What happened?? And please explain the logic... Yes, maybe I am buta legal jargons, but in simple English when I read (again and again..) the SPA, it was stated that we can make claims from the developer should there be a delay in the completion of the property.
Bad...bad wolves they are!!
So what next? We wait till the court order ends which will be sometime late August. For the record, this court order was the FOURTH one. If I read the crooked minds of the developers they want to wait till the S&P agreement to become null and void after the two years is up. Jahatttttttt nyaaaaaa!!!!
We were not the only ones at the tribunal this morning. There were others as well. There was a guy who bought an apartment from the same housing project. Unfortunately, the building of his apartment was scrapped as the land was taken for the building of MEX highway. He was supposed to be compensated, deposit returned etc etc...but till now he has not seen his money. Duhhhh...so kesian nya. I hate to imagine what goes on in his home - schooling kids, wife, car loan etc. And I believe, he had the same hopes like we did to.
Anyway....no point lah, thinking about the lost money too much. I always believe rezeki ada di mana-mana. The house is ready pun and we have rented it out. At first we did consider moving there, but after all the hassle, we decided that we should just stay put in Shah Alam. Kids are happier here...sekolah dekat, my office pun dekat dah. Never mind lah if we don't upgrade ourselves into that semiD house, well for now at least. Had we moved, rasa tak larat jugak nak start all over again - furniture hunting and working with contractors on house renovations.
We simply love it here, the place where we first set foot some 20 years ago. Just love the closeness to the big blue mosque, to my abang jual ayam at the market, the makcik jual vege, the rojak man, the pool to go splash into whenever I fancy, and 1001 reasons just to stay put.
What's most important is that we are comfortable and contented in our present crib.
But to those big bad wolves this is what I have to say.........