Fraud by civil servants and their silence

                                                   

On 8.2.23, I complained to the Board of Architects Malaysia (Lembaga Arkitek Malaysia) about the use of fabricated as-built survey to obtain occupancy certificate for Vistana Heights.

After more than a year of emails to and from, the Board of architects sent me an email on 18.3.24, requesting me to get an independent surveyor to give the Board the actual house platform level and the road level in front of the driveway.

Meanwhile, I had previously complained to Lembaga Juruukur Sabah about the non-conformity of the as-built survey and the actual ground situation. I submitted my complaint letter together with all relevant documents to Miss Fung Yun Ling the Executive Officer of Lembaga Juruukur Sabah on 15.12.2022. I followed up with several emails and telephone calls until on 22 May 2023 I was informed via email that no decision had been made as the investigation was not complete.

I followed up with several more emails until on 26 June 2023 Lembaga Juruukur Sabah said that they will make a site visit on 28.6.23 and requested my presence during their visit.

On 28.6.23, eight directors of Lembaga Juruukur Sabah came and took the house platform level and the road level in front of the driveway. They promised to give me the report when it has been plotted.

On 9.8.23 I requested for a drawing of the survey points taken by the surveyors from Miss Fung, the Executive Officer of Lembaga Juruukur Sabah.

I then wrote on 23.8.23 to our Works Minister, YB Shahelmey Yahya and to the director of Land and Survey Datuk Sr Bernard Liew Chau Min requesting for the actual house platform level and road level.

Now, what else am I to do?

The occupancy certificate was issued in October 2019 and keys to the unit given in December 2019. Since then the house has not been rented out as the driveway is too steep and not in accordance with the as-built survey nor the amended development plan.

We have complained in accordance with the process required, to the developer, DBKK, the architect, Board of architects, Board of surveyors, the Ministry of Local Government and Housing, several ministers and the Chief Minister.

The question is why is Lembaga Juruukur Sabah protecting the surveyor and the architect who have fabricated the as-built survey and amended development plan. Why is DBKK and those in the Housing Board being protected? Is it because DBKK is directly under the Chief Minister?

What do ordinary citizens do when the whole government machinery protects the guilty at the expense of the citizens? 

Following are a few of the relevant emails.

Mon, Mar 18, 2024.

to ljsabah, stanley.chong, flora.takom, mayor, zawani

Dear Cik Wani, (Board of Architects Malaysia)

I refer to your letter dated 18.3.24 requesting me to get an independent surveyor to give the Board the actual house platform level and the road level in front of the driveway.

Lembaga Jurukur Sabah and the Sabah Land and Survey department surveyed the road and platform following my complaint to them.

Would it not be best that you get it from them?

Thank you and kind regards,

Luqman Michel

 

On Monday, 26 June 2023 at 12:04:15 GMT+8, Lembaga Juruukur Sabah (Sabah Surveyors Board) <ljsabah@gmail.com> wrote:

 Dear Sir,

We will do a site inspection on this Wednesday, 28/6/2023 around 10.30 am together with the Licensed Surveyor. 

We request your presence during our visit.

Thanks and regards,

Fung Yun LIng

for Secretary

Sabah Surveyors Board

 

From:luqmanm2002@yahoo.co.uk

To:Lembaga Juruukur Sabah (Sabah Surveyors Board)

Wed, 9 Aug 2023 at 11:13

Dear Ms. Fung Yun Ling,

Your Board members made a site visit on 28.6.23.

I would be grateful if you could please forward me the survey drawing based on the survey points taken.

I would like to compare them with the survey points taken by a survey technician.

I intend to write to the Prime Minister after the election is over.

 

Thank you and kind regards,

Luqman Michel

From: Luqman Michel <luqmanmichel@gmail.com>

Sent: Wednesday, August 23, 2023 2:31:56 PM

To: YB Datuk Ir. Shahelmey bin Yahya

Cc: guli.bernard@sabah.gov.my

Subject: Help requested with LJS

Dear YB Datuk Ir. Haji Shahelmey Yahya,

My name is Luqman Michel and I live in Kota Kinabalu.

My son, Dr. Faisal Luqman, bought a house in Taman Puncak Vistana for which the Occupancy Certificate was issued in December 2019. 

I am managing the house since 2019.

On 15.12.2022, on behalf of my son, I complained to Lembaga Juruukur Sabah (LJS) that the As-built- survey plan submitted to DBKK was fabricated to obtain the occupancy certificate.

After several reminders, 8 members of the Board of LJS came to the site on 28.6.2023 and did a survey to confirm the height of the platform and height of the road.

Until today, I have not received a report on the survey done by LJS and it is already almost 2 months. My email to LJS is not responded to.

This conduct of LJS in not responding to emails is unbecoming, to say the least.

Thank you and kind regards,

Luqman Michel

 

From: Luqman Michel <luqmanmichel@gmail.com>

Date: Tue, Nov 7, 2023 at 10:12 AM

Subject: Re: Help requested with LJS

To: YB Datuk Ir. Shahelmey bin Yahya <Shahelmey.Yahya@sabah.gov.my>

Cc: <stanley.chong@sabah.gov.my>

 

 

YB Datuk Ir. Shahelmey,

It is more than two months since I wrote to you, and there has been no reply from you or LJS.

Datuk, I take this opportunity to complain about my several emails to Mr. Stanley Chong of the Ministry of Local government and Housing.

My complaint about shoddy work on my son's house at Vistana Heights in January 2020 was attended

to by the developer Topwira Corporation Sdn Bhd in May 2023 after instruction by Mr. Stanley Chong.

That repair work was done after the defect liability period. However, complaints to the developer and to Mr.Stanley Chong that the repair work was not carried out properly has fallen on deaf ears, with the lawyer of the developer stating that the defect liability period is over. This is a ridiculous and rather stupid argument.

The height of the road that was instructed by Mr. Stanley Chong to be repaired has still to be done.

Datuk Shahelmey, kindly let me know as soon as possible whether this is under your purview before I escalate this matter to higher authorities.

Please acknowledge receipt of this email.

Thank you and kind regards.

Luqman Michel

On Mon, Aug 28, 2023 at 1:26 PM YB Datuk Ir. Shahelmey bin Yahya <Shahelmey.Yahya@sabah.gov.my> wrote:

    Email diterima, tq