KUALA LUMPUR: The High Court here today allowed the legal action taken by 122 house buyers at a development in Cyberjaya against the construction company, Wawasan Rajawali Sdn Bhd.
Lawyer V. Rajadevan, who is representing 122 buyers said Judge Datuk Akhtar Tahir allowed the suit after agreeing with the house buyers’ contention that Wawasan Rajawali as the defendant had misrepresented in the brochures to the house buyers that the project is a mixed development comprising residences, hotel, shopping mall and central park described as ‘Your World In One Place’ but was not delivered to the house buyers.
The lawyer said, Wawasan Rajawali, a wholly owned subsidiary of OSK Property Holdings Sdn Bhd, was ordered to pay RM50,000 to each house buyer for the misrepresentation.
“The judge also ordered damages for late delivery amounting to RM1,351,797 for affected house buyers. Aggravated damages of RM2 million were also awarded to the house buyers. Wawasan Rajawali was also ordered to rectify the defects in the affected properties within three months from today,“ Rajadevan said when contacted.
Today’s decisions were conducted via online proceedings after a full trial which saw four plaintiff witnesses and four defence witnesses testifying during the trial.
All the individuals, as the plaintiffs, filed the suit in May 2019, claiming Wawasan Rajawali had offered a mixed development project that included serviced apartments/condominiums in Cyberjaya through brochures distributed to house buyers.
The house buyers’ contention was that Wawasan Rajawali as the defendant had misrepresented in the brochures to the house buyers that the project is a mixed development comprising residences, hotel, shopping mall and central park described as ‘Your World In One Place’ but was not delivered to the house buyers.
Upon completion of their apartment/condominium units and the keys to their vacant units handed over by the developer, there was no hotel or commercial development as claimed in the brochures.
The plaintiffs in their claim said the developer had not fulfilled the promises made in the brochures given to them before they bought the units. – Bernama
