KUCHING: A construction company director has been fined RM3,000 by the Magistrate’s Court for failing to comply with a housing tribunal award.
Datuk Gan Kim Leong, 63, of Sentoria Borneo Land Sdn Bhd, changed his plea on the first day of trial on Wednesday (April 16) involving a Tribunal for Housing Purchaser Claims Sarawak award related to an unfinished apartment unit purchased by Kamarul Kardjo at the Ataria Resort project in Bandar Samariang.
The complainant told the court he has been servicing his housing loan since 2015, but the unit remains incomplete.
Gan is the second representative of the company to be fined for similar offences.
Previously, Datuk Chan Kong San, 62, was fined a total of RM16,000 for non-compliance with 16 tribunal awards.
The developer's lawyer, Wong King Wei, argued that the matter was a civil debt dispute, not a criminal offence under Section 53(1) of the Housing Development (Control & Licensing) Ordinance 2013.
However, Section 53 makes it a punishable offence to disregard tribunal awards, with penalties of up to RM5,000, two years’ imprisonment, or both.
Ongoing non-compliance may incur further daily fines. Meanwhile, Section 58 provides for harsher penalties related to abandoned housing projects.
Magistrate Syarifah Fatimah Azura Wan Ali presided over the case, with deputy public prosecutor Ronald Felix Hardin leading the prosecution. Tribunal officials and affected homebuyers were also present during the hearing.
