Court fines Sentoria Borneo Land director RM3,000 for failing to comply with tribunal’s award

Photo for illustration purposes only. – Photo from pexels.comKUCHING (April 16): The Magistrates’ Court here today fined a director of Sentoria Borneo Land Sdn Bhd RM3,000 for failing to comply with an award issued by the Tribunal for Housing Purchaser Claims Sarawak (TTPRS).

Magistrate Syarifah Azura Wan Ali meted out the sentence against Datuk Gan Kim Leong, who changed his plea to guilty on the first day of trial for failing to comply with the award issued by TTPRS against Sentoria Borneo Land Sdn Bhd for not completing an apartment unit bought by a buyer.The purchaser who was also present, informed the court that he had bought the Ataria Resort serviced apartment project located in Bandar Samariang Township in 2015.He said he has been consistently paying his bank loans since then, but the residential units have yet to be completed and the developer has failed to comply with the TTPRS Award.



Earlier the developer’s lawyer Wong King Wei informed the court that the crux of the case was a civil debt matter between the property developer and the respective property purchasers and ought not to invoke Section 53 of the said Ordinance.Several officials from the TTPRS also attended the proceedings.Section 53 of the Housing Development (Control and Licensing) Ordinance 2013 (Chapter 69) states that it is an offence for whoever fails to comply with an award made by the Tribunal and shall, on conviction, be liable to a fine of not exceeding RM5,000, or imprisonment for a term not exceeding two years, or to both.

In the case of a continuing offence, the offender shall be liable to a fine not exceeding RM1,000 for each day or part of a day during which the offence continues after conviction.Section 58 of the said Ordinance states that a housing developer who abandons or causes to be abandoned a housing development or any phase of housing development shall commit an offence and shall, on conviction, be liable to a fine of not less than RM250,000 but not exceeding RM500,000, or imprisonment for a term of not exceeding three years, or both.In July 2024, the court had fined another company director, Datuk Chan Kong San, a total of RM16,000 for offences framed under Section 53(1) of the Housing Development (Control & Licensing) Ordinance 2013 for failing to comply with 16 TTPRS Awards issued against the property developer.

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