DBKL, pemaju diperintah bayar pampasan RM1.3 juta akibat rumah rosak

Mahkamah Tinggi Kuala Lumpur has ordered the Kuala Lumpur City Hall (DBKL) and construction company Fame Modulation Sdn Bhd to pay over RM1.3 million and RM100,000 in damages to a retired couple after their home was destroyed during the construction of a 29-storey commercial project in Cheras. The couple, police officer Adnan Azizon and his teacher wife Aziah Ahmad, were forced to move with their four children and rent accommodation for 10 years due to the construction work's damage to their home and structure, reported The Edge.

In a judgment dated April 24, Judge Gan Techiong ordered Fame Modulation Sdn Bhd, through its liquidators, and DBKL to compensate the couple RM1.279 million and RM100,000 respectively for general damages, rent costs, and expenses for repairs and relocation. Gan stated that the liquidators had previously promised to repair the house but failed to do so, forcing the couple to take a loan from Bank Rakyat to cover the repair costs.

For the 60-year-old couple, who rely on government pension, taking on a large loan to repair their home was a heavy burden, the judge said in the 46-page judgment. Gan rejected DBKL's argument that the couple's claims were barred by the statute of limitations and should have been brought through a trial. He also rejected DBKL's claim that the couple's lawsuit was intertwined and should not have been brought, stating that each defendant is fully responsible for the entire loss regardless of individual actions.

The High Court also confirmed that joint and several liability can be applied even if the acts occurred at different times. Gan also rejected DBKL's reliance on Section 95(2) of the Roads, Parit, and Buildings Act 1974, stating that the defendants' failure to act was the reason for the delay in repairing the home. However, the court rejected the couple's claim for exemplary damages and exemplary damages, citing that the plaintiff should not receive compensation greater than their actual loss.

Cheow Wee, representing the couple along with Zachary Yeo from Tetuan Cheow Wee & Mai, confirmed the decision and informed that the defendants have filed an appeal. Wilson Lim from Tetuan Wilson Lim represented Fame Modulation, while Hisham Nan from Tetuan Haris Salleh & Co acted for DBKL.