DBKL asked to reconsider application to defer payment of RM1.3 million in damages
The High Court has asked Kuala Lumpur City Hall (DBKL) to reconsider whether it wishes to proceed with its application for a stay to avoid paying RM1.3 million in damages to a retired senior police officer and his wife. The directive came as the court reviewed DBKL's audited 2023 accounts, which showed that the local authority had allocated RM2.3 million as a contingent liability related to the lawsuit.
Highlights
- The court ordered DBKL and Fame Modulation Sdn Bhd to pay total damages of RM1.3 million for damage to a home in Alam Damai, Cheras.
- Of this amount, the court ordered RM300,000 in general damages, RM160,000 in special damages, RM819,000 for repair and relocation costs, and RM37,080 in engineering and surveying costs.
- The ruling linked DBKL's negligence in allowing the project to resume without adequate safeguards, as well as the developer's failure to repair the home, to the heavy financial burden placed on the plaintiffs.
This article was translated from the original. Read the original version by our correspondent here.
Impact of the judgment on DBKL and the parties involved
According to The Edge Malaysia, on 13 August, Gan ruled that DBKL and developer Fame Modulation Sdn Bhd were liable for damage to the couple's home in Alam Damai, Cheras. The court awarded total damages of RM1.3 million, to be paid by the local authority and the developer, which is now in liquidation.The court order includes RM300,000 in general damages for prolonged hardship and displacement, RM160,000 in special damages for alternative accommodation rental, and RM819,000 for repair costs and related relocation expenses. The court also ordered RM17,080 for civil engineering costs and RM20,000 for quantity surveyor costs, which must also be borne jointly or severally by the developer and DBKL.
The couple had to leave their home with their four young children at the time because they feared the property would collapse. In his 46-page judgment, Gan stated that City Hall's negligent actions, which saw it temporarily halt Fame Modulation's project but later allow work to resume without adequate safeguards and remedies, were the reason DBKL was named in the lawsuit.
The judge also stated that the developer failed to honour its undertaking to repair Adnan and Aziah's home, forcing the couple, who were in their 60s, to obtain a Bank Rakyat loan to finance the repair works so they could return home. According to the court, the substantial loan burden on the retired couple, who rely on government pensions, had a severe financial impact.
In our earlier article on the Taman Sri Muda flood judgment, we outlined the court's ruling that found the government, as well as several agencies and local authorities, negligent and liable for the December 2021 incident. The judgment emphasised that failures in planning and managing public infrastructure—including risk mitigation—can lead to significant losses for residents, thereby increasing pressure to strengthen governance and accountability in urban planning.