Section 42
Jurisdiction of Tribunal
of Housing Developers (Control And Licensing) Ordinance, 1993
—
(1)
Subject to section 43, the Tribunal shall have jurisdiction to hear a claim which does not exceed one hundred and fifty thousand ringgit lodged under section 41.
(2)
Any counter-claim arising out of the sale and purchase agreement to be filed before the Tribunal shall not exceed one hundred and fifty thousand ringgit.
(3)
A claim before the Tribunal shall be filed at any time not later than eighteen months from the date of the issuance of the occupation permit or before the expiry date of the defect liability period as set out in the sale and purchase agreement, whichever is later.
(4)
Claims may not be split, nor more than one claim be brought, in respect of the same matter against the same party for the purpose of bringing it within the jurisdiction of the Tribunal.
(5)
No claim shall be entertained by the Tribunal if there is already a suit filed in any civil court relating to the same issue in dispute.
(6)
No proceedings of the Tribunal or award shall be set aside or quashed for want of form.
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(7)
The Tribunal may during the proceedings of any claim where necessary, give notice to any financial institution or any other third party affected by the claim to be a party to the proceedings.
(b)
For the purpose of paragraph (a), the Tribunal shall extend a copy of the claim, defence and a summary of the facts to the relevant party.
(c)
Upon receipt of the documents in paragraph (b), the financial institution or third party shall within two weeks file their explanation or defence with the Tribunal.
(d)
For the purpose of this section, the Tribunal may make an award against the financial institution or the third party.