Sentoria Borneo director fined RM6,000 for not complying with tribunal's award
Photo shows the exterior of the Kuching Court Complex. — Photo by Chimon Upon
KUCHING (April 25): The Magistrates' Court here yesterday fined a director of Sentoria Borneo Land Sdn Bhd RM6,000 for failing to comply with an award issued by the Tribunal for Housing Purchaser Claims Sarawak (TTPRS).
Magistrate Mason Jaro Lenya Barayan meted out the sentence against Datuk Gan Kim Leong, who changed his plea to guilty on the first day of trial yesterday (April 24) for failing to comply with the award issued by TTPRS against Sentoria Borneo Land Sdn Bhd related to an unfinished service apartment unit purchased by Monica Lau and Awang Zaidi at the Ataria Resort project in Bandar Samariang.
Both the complainants were in court to testify as prosecution witnesses against offences framed pursuant to Section 53(1) of the Housing Development (Control & Licensing) Ordinance 2013.
During proceedings, the developer's lawyers, Janet Wong Lee Ming and Voon Xin Ning, argued that the matter was a civil debt dispute between the developer and the respective purchasers, and they ought not to be a criminal offence under Section 53(1) of the Housing Development (Control & Licensing) Ordinance 2013.
They argued that the delay was unintentional as the developer's financial accounts at OCBC Bank had been frozen and alleged that the bank had refused to release the monies deposited into the company's accounts.
Lau informed the court that she purchased the residential unit in December 2015.
Due to the significant delays by the developer, she filed her complaint with TTPRS, which awarded her liquidated ascertained damages (LAD) to be paid by the developer.
She told the court she has been servicing the housing loan since 2015, but the unit remains incomplete, and she will be retiring soon hence the issues have caused distress, both emotionally and financially.
Section 53 of the Housing Development (Control and Licensing) Ordinance 2013 (Chapter 69) states that it is an offence for whoever fails to comply with an award made by the Tribunal and shall, on conviction, be liable to a fine of not exceeding RM5,000, or imprisonment for a term not exceeding two years, or to both.
In the case of a continuing offence, the offender shall be liable to a fine not exceeding RM1,000 for each day or part of a day during which the offence continues after conviction.
Section 58 of the said Ordinance states that a housing developer who abandons or causes to be abandoned a housing development or any phase of housing development shall commit an offence and shall, on conviction, be liable to a fine of not less than RM250,000 but not exceeding RM500,000, or imprisonment for a term of not exceeding three years, or both.
The prosecution was handled by deputy public prosecutor Ronald Felix Hardin and prosecuting officer Simon Engka Crown.
In July 2024, the court had fined another company director Datuk Chan Kong San, a total of RM16,000 for offences framed under Section 53(1) of the Housing Development (Control & Licensing) Ordinance 2013 for failing to comply with 16 TTPRS Awards issued against the property developer.
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