On 12th December 2008, at the time of Vacant Posession by Purchasers, the Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan Kuala Lumpur (PPTGWP) (Land Office) was still charging the commercial rate Quit Rent to land owner Nation Holdings (NH) and developer KIP Land Sdn Bhd (KIP). KIP then instructed property manager IM Global Property Consultants (IMG) to directly pass down the the commercial Quit Rent expense to owners via Invoice dated 17th Feb 2009.
Despite repeated requests and objection from owners, neither KIP nor NH nor PPTGWP has taken any steps to alleviate the burden placed on innocent owners, some of whom have unknowingly paid up to IMG what is not theirs to pay and some of whom refuse to pay a single cent.
Chronology of Events:
17th Oct, 2005: Dewan Bandaraya Kuala Lumpur (DBKL) (City Hall) approved Development Order.
29th Aug, 2006: DBKL approves Building Plan No BPU120060041.
22nd Sep, 2006: PPTGWP Executive Committee approves land for residential use, with conditions.
26th Sep, 2006: PPTGWP approves land for residential use, on condition of leasehold, payment of premium, payment of Cukai Tanah Tahun Pertama (first year quit rent), and payment of registration fees for 172 Titles.
27th Sep, 2006: KIP / NH pays PPTGWP conditions in full.
10th Oct, 2006: Jabatan Perumahan Negara (JPN), Kementerian Perumahan dan Kerajaan Tempatan (Ministry of Housing & Local Government) approves license for development of residential property.
02nd Aug, 2007, PPTGWP approves land for residential use without conditions.
12th Dec, 2008: KIP declares Vacant Posession and issues Statement Of Accounts to all owners including 10.00% per annum Interest Charge incurred by delay of Purchaser's bank to pay sewerage works, etc. as well as DBKL Assessment (2008), PPTGWP Quit Rent (12/12/08-31/12/08), Syabas Water Deposit, and Syabas Meter Installation Charges.
26th Dec, 2008: KIP appoints IMG as property manager and as agents to collect maintenance fees from owners. Owners are asked to settle Statement Of Charges which include dated 12th Dec 2008.
17th Feb, 2009: IMG issues Invoice for Quit Rent 2009 based on commercial rate charged by PPTGWP to NH / KIP, subdivided based on total nett area of owner's land.
10th Mar, 2009: KIP / NH submits written appeal for reduction of Quit Rent 2009
03rd Oct, 2009: PPTGWP finally converts land to residential use, issues Master Title, and charges residential rate of tax to NH / KIP, which are still land owners of the land until the execution of the Memorandum Of Transfer to owners.
04th Nov, 2009: Pro-tem President of Persatuan Penduduk Taman Residensi Kuala Lumpur (Persatuan) calls owners for a dialogue with KIP / IMG objecting to commercial Quit Rent to be paid by owners.
24th Dec, 2009: The Persatuan, on behalf of all owners, calls for a meeting with KIP / IMG objecting to commercial Quit Rent to be paid by owners.
19th Jan, 2010: The Persatuan, on behalf of all owners, calls for a meeting with KIP / IMG re-submitting objection to commercial Quit Rent to be paid by owners.
20th Jan, 2010: The Persatuan files a complaint with the Public Complaints Bureau (PCB), The Prime Minister's Department, Putrajaya, Selangor.
25th Jan, 2010: The Persatuan files a complaint with the National Consumer Complaints Centre (NCCC), Petaling Jaya, Selangor.
03rd Feb, 2010: PCB requests PPTGWP investigate and provide a concrete solution.
09th Feb, 2010: NCCC forwards complaint to IMG and NH, cc'ing Kementerian Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan Wilayah Persekutuan (KPDNKKWP), Kementerian Perumahan dan Kerajaan Tempatan (KPKT), and PPTGWP.
04th Mar, 2010: PPTGWP calls for meeting with Persatuan, KIP, NH, IMG, PCB.
04th Mar, 2010: KPKT acknowledges NCCC / Persatuan complaint.
10th Mar, 2010: PPTGWP calls for a meeting with owners.
Conclusions at last week's meeting:
1. PPTGWP cannot respond to questions from Persatuan regarding cause of delay in conversion of land from 27th Sep 2006 to 03rd Oct 2009.
2. PPTGWP stands firm that until Master Title is in the name of owners, NH is responsible to pay Quit Rent.
3. Persatuan requests for KIP to return the money of all owners who were invoiced commercial Quit Rent 2008-2009, and KIP refuses.
4. Timbalan Pengarah (Deputy Director) of PPTGWP promises to reply to Persatuan with a solution within 2 weeks.
5. Penolong Pengarah (Assistant Director) of PCB will wait for PPTGWP's reply and in the meantime will escalate this matter to the Secretary-General of the PM's Department and reply to Persatuan with a possible solution(s).
In the meantime, if you know any owner/resident-lawyers or any lawyers who are willing to help us, please call me at +60 (12) 280-6969.
Thank you!
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As per recommendations received from Jabatan Perumahan Negara from the Ministry of Housing and Local Government (KPKT), on 7/9/10 I filed a suit against KIP Land Sdn Bhd with the Tribunal Tuntutan Pengguna Malaysia (TTPM) at the Ministry of Domestic Trade and Consumer Affairs (KPDNKK).
ReplyDeleteAt a hearing at TTPM on 11/10/10, KIP pleaded negligence and testified involvement of IM Global Property Consultants, which were served a summons to be included as the 2nd Dependant. Another hearing will be held on 20/10/10 with all parties.