Residents to have day in court with developer
25/04/2007 NST By Melissa Darlyne Chow

GEORGE TOWN: Residents of Desa Bella apartment in Tanjung Bungah, who sued a developer for demanding additional payment, will have their civil suit heard at the High Court on Oct 2.

The residents sued United Fortune Development Sdn Bhd, a subsidiary of Belleview Group, claiming the developer refused to release the strata titles to their units unless they made the extra payment.

According to their statement of claim, some 23 owners of the apartment units claimed the developer had wrongfully demanded between RM6,000 and RM21,000 from them.

The money was for additional floor space allegedly provided by the developer.

However, the residents refused to pay as they claimed an independent architect had confirmed that the floor space in their units matched the strata title and there was no additional space as claimed by the developer.

They are seeking:

• a declaration that the developer had breached the sale and purchase agreement and had no right to withhold their strata titles;

• a declaration that the defendant has no right to demand any additional payment; and,

• exemplary and aggravated damages from the developer as well as other costs deemed fit by the court.

In its defence, the developer said its demand for the residents to pay up was valid and in accordance with the law.

It added that it was acting in accordance with the terms and conditions of the sale and purchase agreement.

The residents were represented by Wong Yee Chue and Quah Lay Tin while the developer was represented by Ranjit Singh Dhillon.

Judicial Commissioner John Louis O’Hara said he was forced to postpone the suit as pre-2000 cases had to be given priority.

He said the court needed to dispose a firearms case in which two accused per-sons had been in custody for almost seven years pending trial.