Vistana Heights – My story (Part 2)
On 19.12.2019, the managing director of Topwira Corporation Sdn. Bhd, Tai Fung Ming, commonly known to the house buyers as Monica Lee, handed me the keys to house S9 purchased by my son. A letter signed by Tai Fui Ming showing the calculation of liquidated damages was also handed to me.
The letter computing the Liquidated Damages dated 16.10.2019 shows the developer as Topwira Corporation Sdn. Bhd and the landowner as Lembaga Pembangunan Perumahan dan Bandar (LPPB). However, the occupancy certificate dated 2nd October 2019 shows that the buildings on the land are owned by Topwira Corporation Sdn. Bhd.
A statement for the delivery of vacant possession and the collection of house keys dated 19.12.2019 had the water meter reading as 0064. I was asked to check the water meter and confirm the reading. Yes, 64 cubic metres of water had been used to the day of vacant delivery. This is pertinent to a complaint on water usage which I made only after receiving the water bill sometime in July 2022. The water meter of my immediate neighbour showed that the water usage when they were given the keys was only 34 cubic metres. That is a huge difference of 30 cubic metres. More on this later.
When inspecting the house together with Monica Lee she showed me the kitchen sink in the store room and said that it will be fixed when we require it to be fixed or when we move in. (more on this later).
Monica Lee asked me to check for defects and inform her.
On 11.1.2020, I messaged, Jessie Lee, the director and daughter of Monica Lee. The following is what I messaged her on WhatsApp:
‘Do you go to the site at all? I have a few minor complaints to get repaired. I prefer to talk to you.’
Jessie Lee replied:
‘I am not involved with the progress of works at the site. I only arrange for building materials and transport. Are the complaints on the defect list?’
I replied:
‘I have not given any defect list. Did Faisal give any? Mine is my personal inspection after receiving the keys.’
Jessie replied:
‘Okay write to us, Mr. Luqman.
I responded:
Ok. I will sometime next week. Thank you.
A few days later, I met Monica Lee on the site and showed her the minor defects on the exterior of the house. I did not find any defect in the interior. The defects included some stain marks on the wall near the kitchen indicating some leakage, the glass sliding door not being able to be locked, the front door not being able to be opened using the key from the outside, there was no glass on the letter box window and the drains are uneven, and thereby water logged in a number of places. I asked Monica Lee if I needed to give my complaints in writing to which she replied that these are minor defects and she will get her workers to repair them. She however said that the sliding door is contracted out and will get the installers of the sliding door to get it fixed. She telephoned Aluminium Y.S. Sdn Bhd immediately and asked them to get the sliding door fixed and gave them my contact number. The service men arrived on 24.2.2020 and fixed the sliding door lock.
The relevance of the detailed description above will be seen in my subsequent posts.
Around February 2020 I messaged my son and informed him about the knee length lalang in the compound. I suggested that I can spray and get rid of the lalang. Faisal said that it will pollute the environment and was against spraying chemicals to kill the lalang. He was in the USA and had not come back home since he came here for Hari Raya in July/August 2018.
After discussing with Faisal, we decided to dig up the lalang using a hoe (cangkul) sometime around February 2020. My wife and I went there to dig up the lalang intermittently. After a few days of digging I hit a ABS water pipe and quickly turned off the mains. I waited for Monica Lee to come around her visits and when I saw her I complained about the shallow laying of the pipes. She said that I should not have dug up the lalang and walked away.
In addition to the pipes being laid about 3 to 4 inches from the surface they were laid in the middle of the lawn instead of along the drain or the perimeter wall.
As stated in part 1 of my story, Faisal’s lawyer filed a writ of summons on 2.6.2020 to claim the Liquidated Ascertained Damage (LAD).
Since then Monica Lee said that she will not attend to any repair works until the legal case is settled.
To be continued…
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