Builder ordered to refund couple for unfinished work


Johor Consumer Claims Tribunal attending to clients at Menara Ansar in Johor Baru.

A financial officer has to put on hold her dream of a new bungalow home as work to level the land for the foundation is still not completed.

Noorfarahidah Abd Rahim has plans to build a five-room single-storey bungalow on her 0.16ha land in Kampung Air Puteri, Mersing, Johor.

“We should have moved into the new house but the project did not take place due to the contractor’s failure to fulfil his side of the contract,” she said when met outside the Johor Consumer Claims Tribunal at Menara Ansar, Johor Baru.

The 42-year-old claimant had engaged the Kuala Lumpur-based builder to build the bungalow with an estimated cost of RM340,000.

Noorfarahidah messaged the contractor on Dec 2, 2023, saying that she was interested to hire the company, but it only responded on April 27 last year.

“The company builds houses using the industrialised building system (IBS) which was not available in Johor at that point of time,” she said.

The claimant chose the IBS as it was cheaper compared to the conventional methods and lesser time needed to build the house.

The company visited the site in Kampung Air Puteri on May 2 last year and the claimant made the first payment of RM10,000 on the same day, followed by RM10,000 on May 7, and RM10,000 on May 14.

“Prior to the start of construction work, the company hired a contractor to fill and level the land as a house foundation,” said Noorfarahidah.

She said the ground work started on Aug 8 and finished by Aug 12. However, the respondent failed to pay RM2,800 to the contractor for the job done.

“In the end, we had to pay the RM2,800 to the contractor on Oct 3 last year as the respondent did not entertain calls and messages from the contractor,” said Noorfarahidah.

The claimant further said the respondent was supposed to submit the building plan drawn by a registered architect firm to the Mersing District Council (MDM) for approval.

“However, the respondent did not do so. The only building plan we have was the draft of the house plan sketched by my husband,” she said.

When Noorfarahidah and her husband bumped into the respondent at a restaurant in Senawang, Negri Sembilan, he gave excuses that he was busy with other projects.

“We wanted to meet with him again but he did not entertain our messages and the only way to meet him was to call using a different number,” she said.

The couple then disguised themselves as different persons on the pretext of engaging him to build a house, and they made an appointment to meet in Bangi, Selangor.

When the respondent showed up and saw the couple on Oct 8, he was shocked. That was the last time they saw him.

“The respondent claimed that the architect and lawyer for the project had changed, hence building plans submission for approval from the MDM was delayed,” said the claimant.

Tribunal president Hafez Zalkapli ordered the respondent to refund RM23,700 to the claimant within two weeks.

Those who need assistance in regard to Tribunal matters can call 07-227 1755 or 07-227 1766.

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