Tribunal for Housing Purchaser’s Claims Sarawak

The Tribunal for Housing Purchaser’s Claims Sarawak is an independent body and was established pursuant to an amendment to the Housing Developers (Control & Licensing) (Amendment) Ordinance 2009 as conferred by Section 24(2) of The Housing Developers (Control & Licensing) 1993 (Cap 5). It was enforced on 1st May 2010.

OBJECTIVE
The Tribunal for Housing Purchaser’s Claims Sarawak was formed as an alternative besides court to hear and adjudicate housing purchasers’ claims from housing developers in an easy, cheap and efficient manner.

VISION
 To establish TTPRS as an organization which provides high quality and excellent services in managing house buyers’ claims in accordance with goal of creating a World Class State Civil Service.

MISSION
  To establish TTPRS as a mediator for resolving disputes between the housebuyers and housing developers.

MOTTO
EASY, CHEAP AND EFFICIENT



Jurisdiction of Tribunal

TTPRS shall hear any claims brought by a purchaser (for completed and occupied houses only) not later than 12 months from the date:-

•Issuance of the occupation permit (OP) or

•Before the expiry date of the defect liability period as set out in the Sale & Purchase Agreement (S&P)

•The total amount of claims does not exceed RM40,000.00 provided that if agreed by the parties and approved by the Minister, the Tribunal may hear a claim not exceeding RM80,000.00.

•The Sale & Purchase Agreement entered into before 1st May 2010 also can be considered subject to the conditions stated above.

•The claims are limited to claims against licenced Housing Developers including licensed housing developers from the State or Federal Government Agencies.

•Claims may not be split, nor more than one claim be brought, in respect of the same matter against the same party for the purpose of bringing it within the jurisdiction of the tribunal.

•No claim shall be entertained by the tribunal if there is already a suit filed in any civil court relating to the same issue in dispute.


Limitation of Jurisdiction Print Limitation of Jurisdiction

1. The Tribunal shall have no jurisdiction in respect of any claim:-

A. For recovery of land, or any estate or interest in land

B. In which there is a dispute concerning :-

i. The entitlement of any person under a will or settlement, or on intestacy (including partial intestacy)
ii. Goodwill
iii.Any rights in action, or
iv.Any trade secret or other intellectual property rights.

2. The jurisdiction of the Tribunal shall be limited to a claim that is based on a cause of action arising from a sale and purchase agreement entered into between the purchaser and the licensed housing developer.

3. The Tribunal shall have no jurisdiction :-

i. To hear a claim arising from personal injury or death

ii.To award a prohibitory, mandamus,declaration, specific performance or an injunction order.



TTPRS Filing Procedure

1. The Claimant shall file in 4 copies of the statement of claim in Form 1 together with prescribed fee of RM50.

2. The Claimant shall serve Form 1 to the developer and acknowledgement from the developer must be obtained as a proof to TTPRS.

3. The developer shall file its defence in Form 2 in 4 copies together with the prescribed fee of RM50 within 14 days after the service of Form 1 and shall be served Form 2 to the Claimant and acknowledgement from the Claimant must be obtained as proof to TTPRS.

4. The Claimant shall file a defence to counter-claim in Form 3 in 4 copies with prescribed fee of RM50 within 14 days and shall be served Form 3 to the developer and acknowledgement from the Claimant must be obtained as proof to TTPRS.



Hearing Procedure

1. Notice of hearing (Form 4) of details of the day, time and place of hearing in the prescribed form to the Claimant and the Respondent not less than 14 days before the date of the hearing.

2. No party shall be represented by an advocate at a hearing.

3. Any parties, who want to call witnesses to support of their claim, must submit details of witnesses to the tribunal 7 days before the hearing.

4. The Tribunal shall allow the Claimant and the Developer to mediate an agreed settlement in relation to the claim.

5. When the parties reach an agreed settlement, both parties have to sign the mediation form.

6. If the parties are unable to reach an agreed settlement in relation to the claim, the Tribunal shall proceed to determine the disputes and will issue an award after the proceeding.

7. Any person who fails to comply with an award made by Tribunal shall be guilty of an offence and shall on conviction be liable to be fined not exceeding RM5,000.00 or to imprisonment for a term not exceeding 2 years and be liable to a fine not exceeding RM1,000.00 for each day or part of a day for any delay after conviction.

Source: Ministry of Housing Sarawak