Court revives purchaser’s suit over alleged defects in M-City unit

 Judicial commissioner DR Shoba Rajah says disputes over latent defects, limitation, and developer’s liability must be resolved at a full trial.

Judicial commissioner DR Shoba Rajah said expert evidence might be required to establish whether the water leakage resulted from defective construction, poor maintenance or other causes. (Reuters pic)

KUALA LUMPUR:

A woman’s suit against developer Oasis Garden Development Sdn Bhd over alleged defects in her M-City Ampang unit will proceed to trial after the High Court set aside an order striking out her claim.

Judicial commissioner DR Shoba Rajah said Ramaswree Duraisamy, who purchased a unit in 2012, had raised genuine issues that could not be summarily determined without hearing evidence.

Ramaswree had appealed against the sessions court’s decision on June 3, 2025, which allowed Oasis Garden’s application to strike out her entire claim.

She had sued the developer over alleged water leakage and other defects in her residential unit, seeking a declaration that the sale and purchase agreement had been breached, and an order compelling rectification works and damages.

Her claims included RM213,000 in lost rental income, RM27,193 in maintenance charges and general damages for hardship and inconvenience. The unit was handed over to Ramaswree in May 2016 but remained unoccupied for a considerable period.

She claimed she discovered serious defects, including water leakage which damaged the walls, tiles, furniture and ceilings, around 2019. Although remedial works were later carried out, she said the defects recurred in early 2024.

A subsequent investigation report commissioned by the developer recorded water seepage from joints between the concrete slab and beam above a wall of the unit.

Oasis Garden argued that the claim was time-barred because the six-year limitation period should have begun when vacant possession was delivered in 2016.

In her 20-page judgment, Shoba said the question of when the cause of action accrued, particularly where latent defects were concerned, raised a serious legal issue.

She also said there was a factual dispute over when the defects were first discovered, which could only fairly be determined through evidence at trial.

On the developer’s investigation report, Shoba said it was too early to determine whether the findings amounted to an admission of defective workmanship or negligence.

She said expert evidence and cross-examination might be required to establish whether the seepage resulted from defective construction, poor maintenance or other causes.

The judge also found that Ramaswree’s claim for lost rental income should not be struck out merely because she had yet to produce evidence proving the loss.

“Whether she genuinely intended to rent out the unit and whether the defects frustrated those efforts are matters for trial,” she said.

Shoba concluded that the disputed factual and evidential issues required a full hearing, where witnesses could give evidence and be cross-examined.

Ambbi Sundrambal Balakrishnan represented Ramaswree while Amanda Rachel Chong appeared for Oasis Garden. - FMT