In line with the Housing Development (Control and Licensing) Ordinance 2013 (“the Ordinance”) which was gazetted on 1st November 2014, the Tribunal for Housing Purchaser Claims Sarawak (“the Tribunal”) is an independent body established pursuant to Section 34 of the Ordinance under the purview of the Ministry of Housing and Local Government of Sarawak as an alternative recourse for housing purchasers to bring and adjudicate claims against errant housing developers and/or for resolving disputes between house purchaser and housing developers in respect of sale and purchase agreement(s) entered into between the housing purchasers and the housing developers at a fraction of the cost and in a fast and efficient manner subject to the nature of his/her/its claim must fall within the jurisdiction of the Tribunal and that the claim is filed within the time prescribed time period as provided under the Ordinance in the prescribed form together with the prescribed fees. The vast majority of cases filed with the Tribunal are on late delivery of vacant possession and defects in the houses. Normally, a case filed would be heard by the Tribunal within sixty (60) working days. The Tribunal hard an average of 20 cases a year.
Scope of claim and/or Jurisdiction of the Tribunal
Subject to Section 43 of the Ordinance, Section 42 of the Ordinance provides that the Tribunal shall have the jurisdiction to hear any claims brought by a housing purchaser provided that:-
(i) the amount claim and/or counter claim arising out of the sale and purchase agreement entered into by the housing purchaser and the housing developer (whether or not pursuant to the Ordinance) shall not exceed RM150,000-00;
(ii) the claim is filed at any time not later than eighteen (18) months from the date of issuance of the Occupation Permitor before the expiry of the defect liability period as set out in the sale and purchase agreement, whichever is the later;
(iii) claims may not be split, nor more than one (1) claim be brought by a housing purchaser in respect of the same matter against the same party for the purpose of bringing it within the jurisdiction of the Tribunal; and
(iv) no claim shall be entertained by the Tribunal if there is already a suit filed in any civil court relating to the same issue in dispute by the housing purchaser against the same party.
Section 43(3) of the Ordinance provides that notwithstanding that no sale and purchase agreement has been entered into between the purchaser and the housing developer at the time when the cause of action accrues, no claim shall be defeated and/or affected on such ground if there exists a previous dealings between the purchaser and the housing developer in respect of the acquisition of the housing accommodation.
Limitation of the jurisdiction of the Tribunal
Pursuant to Section 43 of the Ordinance, the Tribunal shall have no jurisdiction in respect of any claim:-
(i) for the recovery of land, or any estate or interest in land; and/or
(ii) in which there is a dispute concerning:-
(a) entitlement of any person under a will or settlement or on intestacy (including partial intestacy);
(b) goodwill;
(c) any chose in action;
(d) any trade secret or other intellectual property rights; and/or
(iii) arising from personal injury or death; and/or
(iv) to award a prohibitory, mandamus, declaration,
specific performance or an injunction order.
How a housing purchaser can file a claim with the Tribunal?
A housing purchaser who wishes to file a claim against a housing developer at the Tribunal shall be required to file in four (4) copies of the Statement of Claim in the prescribed form together with a prescribed fee of RM50-00.
Hearing of the claim before the Tribunal
Upon a claim has been lodged by the housing purchaser pursuant to Section 41 of the Ordinance in the prescribed form and with payment of the prescribed fee, the Secretary of the Tribunal shall serve a notice of claim and hearing pursuant to Section 44 of the Ordinance on the day, date, time and place of the hearing to the housing purchaser and the housing developer concerned.
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