Mahkamah hidupkan semula saman pembeli unit M-City terhadap pemaju

The High Court has reinstated a lawsuit filed by a woman, Ramaswree Duraisamy, against a developer, Oasis Garden Development Sdn Bhd, over damage to her unit in M-City Ampang. The decision comes after the court dismissed her previous application to have the claim dismissed, as it could not be decided in summary after hearing witness statements.

Formerly, Ramaswree had appealed a Supreme Court ruling on June 3, 2025, which allowed Oasis Garden to cancel the entire lawsuit. She filed a lawsuit against the developer, claiming breach of the sale agreement and seeking an order for immediate repairs and compensation for damages. The claim included loss of rental income amounting to RM213,000, a maintenance fee of RM27,193, and general damages for the inconvenience and hardship suffered.

The disputed unit was handed over to Ramaswree in May 2016, but she was left uninhabited for a significant period. She alleged that serious issues, including water leakage causing damage to walls, pillars, fittings, and panels, became apparent around 2019. Although repair work was carried out afterward, the same problem resurfaced in early 2024.

The subsequent investigation's report recorded water seepage from the junction between concrete and slab in the unit's upper wall. Oasis Garden argued that the lawsuit was barred by the statute of limitations, as the six-year limitation period should have started immediately upon delivery of the vacant unit in 2016. However, in a 20-page ruling, Shoba indicated that questions lingered about when the cause of action arose, especially concerning the serious defects that triggered legal issues.

She also clarified the existence of a factual dispute regarding when the damage first became apparent, which could only be determined fairly through witness statements during the trial. Regarding the expert report, Shoba stated that it was too early to conclude whether the damage indicated a breach of workmanship quality or negligence.

She said that expert evidence and rebuttals might be necessary to determine whether the damage resulted from faulty construction, inadequate management, or other factors. The judge also found that the claim for loss of rental income should not be dismissed solely because Ramaswree had not provided evidence to substantiate her losses.

The existence of the unit and whether the damage undermined the liable party's efforts needed to be determined in the full trial, she added. Shoba concluded that the factual issues and the evidence to support the claim required a full trial where witnesses could present testimony and rebuttals. Ramaswree was represented by lawyer Ambbi Sundrambal Balakrishnan, while Amanda Rachel Chong appeared for Oasis Garden.