ISSUE 11/2023 - AGGRIEVED HOUSEBUYERS CAN SUBMIT MULTIPLE CLAIMS AT THE TRIBUNAL

Federal Court case of REMEGGIOUS KRISHNAN v. SKS SOUTHERN SDN BHD, Regarding the jurisdiction of the Tribunal for Home Buyers Claims in respect of ss 16Q and 16M of the Housing Development (Control and Licensing) Act 1966.

The appellant successfully obtained leave to file an appeal on, inter alia, the following question of law: (1) in view of ss 16Q and 16M, whether there was jurisdiction for the Tribunal to hear two separate claims in respect of the same subject property where the total amount of dispute of these two claims exceeded the monetary jurisdiction of RM50,000.00.

The Federal Court answered this question in the affirmative, stating that the objective was to protect the aggrieved purchasers of their rights by resorting to the Tribunal, which provided a more accessible, cheaper and quicker avenue for aggrieved purchasers to claim damages or compensation from the housing developers.