Friday, October 15, 2010

Commercial Quit Rent 2008-2009 wrongfully charged to Residential Owners at Taman Residensi Kuala Lumpur

After repeated refusal by developer KIP Land Sdn Bhd and their agent IM Global Property Consultants to settle this issue, I called for a meeting with the Land Office (PPTGWP) on 10/3/10. Attendees included PPTGWP's Mr. Latif Bin Ali (Timbalan Pengarah), Mr. Jamaluddin Bin Othman (Jabatan Hasil), KIP Land's Mr. Kok Pik Tong (Chief Operating Officer), IMG's Mr. Chin Cho Liang (Director), and members of the Persatuan Penduduk Taman Residensi Kuala Lumpur. When asked by PPTGWP to refund the money to wrongfully charged home owners, KIP refused and were given a stern warning by PPTGWP.

At that meeting, when I asked why PPTGWP charged commercial rate quit rent to a property already approved as residential property, when I asked if the current laws in this country was justifiable and fair for home owners, when I asked if it's reasonable for home owners to pay 20 times the annual Quit Rent (2010) for the period from Dec 2008 through and including Dec 2009, they did not respond nor comment to my questions. When I asked if development of a land deemed commercial for a residential property was in breach of the Malaysian Land Code 1964, they also did not respond nor comment.

PPTGWP (Mr. Jamaluddin) in a response letter dated 30/3/10 claims that in the issue that residential owners were charged commercial quit rent at Taman Residensi Kuala Lumpur, this is an issue between KIP and each purchaser who signed the Sales & Purchase (S&P) Agreement with them. Moreover, the Land Office (PPTGWP) claims that they did everything right and Nation Holdings Sdn Bhd / KIP Land Sdn Bhd is the responsible party to settle all dues for the commercial rate Quit Rent charged on land the they have approved as residential property as of 26/9/06. I am not satisfied with this response and strongly feel that there should be more laws protecting first time or generally home owners like myself against these injustices in Malaysia.

As per recommendations received from Jabatan Perumahan Negara from the Ministry of Housing and Local Government (KPKT), on 7/9/10 I filed a suit against KIP Land Sdn Bhd with the Tribunal Tuntutan Pengguna Malaysia (TTPM) at the Ministry of Domestic Trade and Consumer Affairs (KPDNKK).

At a hearing at TTPM on 11/10/10, KIP pleaded negligence and testified involvement of IM Global Property Consultants, which were served a summons to be included as the 2nd Dependant. Another hearing will be held on 20/10/10 with all parties.