Wednesday, July 28, 2010

"They Don't Care About Us"

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.........


10 comments:

tireless mom said...

If the developer has a "restraining order" made against them which I believe is filed by their secured creditor, not much you could do. Tunggu je lah til August. The tribunal will decide hopefully in fairness altho calculation lari. PRU dekat mah.... nanti tak dapat vote.

kay_leeda said...

Sis...I guess they do. I haven't been actually following the whole sequence of events with the developer. Was glad that they managed to complete the house. There are others whose fate are worst still out there. Rumah tak siap langsung and they still have to continue paying their loans.

Money back or no money back...I'm okay with the whole thing lah. Dun want to think so much abt it. Just that after all the preparation yr BIL did, tetiba Madam President in the tribunal said, "I can't do much, developer has that restraining order." So actually nya..tak yah gi pun tak pe.....

NanaDJ said...

Kay,
I have seen this many many times when I was in the bank. The poor buyer having to service the interest on loan, the completion of project being delayed and in the meantime the purchaser still have to pay rental on their current accomodation. Most of the time the small men have to suffer in the hands of greedy developers who used law to protect themselves.
At least you are educated enough to resort to legal means, many who are ignorant of their rights became unnecessary victims.
I used to be upset and suffer for them, now I am suffering for the breast cancer patients...life!

zaitgha said...

Our predicament was worst....the project was abandon....we lost quite a big sum there.....the laws on housing are not in favor to ikan bilis like us....

Tommy Yewfigure said...

Hey Kay, all these developers & other major corporations work on the D.I.L.L.I.G.A.F.F policy, i.e. if u r a small fry, ikan bilis,read my mouth;

"I don't care" or "You've been told. Now go away!"

So sad to say Malaysia Bolih lidat1, the small people always get shafted!

Tommy

Cat-from-Sydney said...

Aunty Kay,
Ehem...could you give the exact location of the developer's office? I'll round up the cat patrol in that area, maybe round up some canine friends too. We'll know what to do. Banyak jahat itu orang. Mama was in a similar situation but somehow managed to get her claims from the developer. But they imposed a deadline, so those who missed the boat didn't get any. Jahat juga. roar! roar! roar!

kay_leeda said...

Dear NanaDJ,

It's really sickening when seeing folks being trapped so easily by these big bad wolves. In fact we hear their stories everyday on the media, but still no one seems to care. All the hard earned money up in smoke....sad isn't it?

kay_leeda said...

Dear Zai,

Oh no...poor you!! These wolves/sharks should be stuffed in jail don't you think so? And don't bother feeding them too..grr

kay_leeda said...

Dear Tommy,

What to do, we small fry only mahh. But if no house how? Renting all your life....also cannot. Just pray lorr and hope things work out well.

kay_leeda said...

Ayohhh CatIS...you so garang ah? You sure yr gang and you can beat them ah?? You have all my blessings GET EM...go get em...grrrr.

I'll ask my 5 to team up with you too :)