Court allows lawsuit by 122 homebuyers against developer
Published on: Sunday 06 November 2022
Kuala Lumpur: The High Court has cleared the legal action brought by 122 home buyers in a development in Cyberjaya against the construction company, Wawasan Rajawali Sdn Bhd. Lawyer V. Rajadevan, who represents 122 buyers, said Judge Datuk Akhtar Tahir cleared the lawsuit after accepting the house. buyers’ claim that Wawasan Rajawali, as defendant, had misrepresented in brochures to homebuyers that the project is a mixed development comprising residences, a hotel, a shopping center and a central park described as “Your World In One Place”, but was not delivered to home buyers. The lawyer said Wawasan Rajawali, a wholly owned subsidiary of OSK Property Holdings Sdn Bhd, was ordered to pay RM50,000 to each homebuyer for the misrepresentation.
“The judge also ordered damages for late delivery amounting to RM1,351,797 for the affected homebuyers. Aggravated damages of RM2 million were also awarded to the home buyers. Wawasan Rajawali has also been ordered to rectify the defects in the affected properties within three months from today,” Rajadevan said when contacted. Yesterday’s rulings were issued via online proceedings after a full trial, in which four witnesses for the plaintiff and four witnesses for the defense testified during the trial. All of the individuals, as plaintiffs, filed suit in May 2019 claiming that Wawasan Rajawali had proposed a mixed development project comprising serviced apartments/condominiums in Cyberjaya through brochures distributed to home buyers. The homebuyers’ claim was that Wawasan Rajawali, as defendant, had misrepresented in the homebuyers’ brochures that the project was a mixed development comprising residences, a hotel, a shopping center and a central park described as “Your World In One Place”, but was not given to buyers.
After their apartments/condominiums were completed and the keys to their vacant units were handed over by the developer, there was no hotel or commercial development as the brochures claimed. The plaintiffs in their claim said the developer failed to deliver on promises made in the brochures given to them before purchasing the units.