Woman who lost her home pleads for help against developer

 

Jayainthy Subramaniam says she had made full payment for the house, but it was auctioned by the bank in a dispute with the developer.

GEORGE TOWN: A woman whose fully-paid home was auctioned last month after a developer failed to settle a bank loan said today she has hit a brick wall in seeking redress as no authority has stepped up to help her.

The house buyer, Jayainthy Subramaniam, questioned the lack of police action against the developer after she lodged a police report on Dec 16 alleging that the developer had cheated her. She said she had since been told by investigators that the case had been referred to the housing tribunal earlier this month.

“Why can’t the police find the developer and charge them?” she said. “My case is within police jurisdiction to investigate. Even the National House Buyers Association feels that I have a case. What am I going to do at the housing tribunal when the case has gone beyond the limitation period?” she said.

Jayainthy’s single-storey home in Lunas, Kedah, was auctioned by a bank on Dec 9 as progress payments that she made to the developer, Lunas Garden Sdn Bhd, had never reached the bank.

She said she had paid for the property in cash, through progress payments over three years amounting to RM78,850 before the project was completed in 2004.

When she sought to claim the property, she said the bank asked her to pay about RM100,000 in redemption fees, overdue interest and other charges, despite showing evidence in the form of receipts of all payments made to the developer.

RHB Bank told FMT it was unable to help as Jayainthy was not its customer and that it was not privy to Jayainthy’s agreement signed with Lunas Garden.

Jayainthy said while lawyers have recommended her to sue the conveyancing lawyer that prepared her sales and purchase agreement, she said she has no financial ability to do so.

She said she spent “thousands of ringgit” from her savings previously in getting the High Court to review her case but it was summarily dismissed with costs in 2017, with the developer not appearing in court.

“I plead to the authorities to please help me,” she said.

FMT has contacted the police and the housing and local government ministry for comment. - FMT