Housing developer fined RM5,000 for non-compliance with Tribunal awards

KUCHING: The Magistrates’ Court here fined housing developer Sentoria Borneo Land Sdn Bhd RM5,000 for failing to comply with the Housing Tribunal’s award in five claim cases.

Datuk Chan Kong San, a representative of the company, pleaded guilty to five charges framed under Section 53(1) of the Housing Development (Control and Licensing) Ordinance 2013.

These charges were for not complying with the awards issued by the Sarawak House Buyers Claims Tribunal (TTPRS) between 2020 and 2022.

According to the charges, the developer allegedly failed to pay the awarded compensation to five home buyers within 45 days from the award dates.

The awards were for a land-based residential project in Borneo Samariang Resort City.

Magistrate Zubaidah Sharkawi fined the developer RM1,000 for each of the three charges. Magistrate Mason Jaro Lenya Barayan and Magistrate Syarifah Fatimah Azura Wan Ali fined RM1,000 each for the remaining two charges.

In separate proceedings at three Magistrates’ Courts, counsels Wong King Wei and Teng Lee Kai, representing the developer, argued that the case was purely a civil debt matter between the property developer and the buyers, and did not involve Section 53 of the Housing Development (Control and Licensing) Ordinance.

However, deputy public prosecutor Ronald Felix Hardin countered that the Section 53 imposes a criminal penalty for failing to comply with the awards issued by TTPRS.

If convicted, the penalty includes a fine up to RM5,000, imprisonment up for up to two years, or both.