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 Lawyer's Corner v2, One-stop centre for any legal queries

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littlegirlmsia
post Dec 30 2011, 10:24 AM

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Dear Dario,

I just moved into a new Condo that i bought from the developer. And within the first week, my bathroom was flooded with human waste. The management was on Christmas holidays, and i had to tahan the smell and unhygienic bathroom for two days before they fixed it. They blamed it on the contractors from the renovations. I feel so disgucted that i haven't been using the bathroom and even the attached bedroom. May i know can i ask for compensation?
littlegirlmsia
post Jan 3 2012, 11:26 PM

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QUOTE(dariofoo @ Dec 30 2011, 01:41 PM)
The developer fixed it at their own cost right? Then you have not suffered any direct pecuniary losses.

Other losses - Trauma? Toilet-Phobia (google it up, there is such a thing) ? Anguish? Depression?

If you want to prove mental suffering, anguish, trauma, etc, you need to get a psychiatric report to confirm that your mental condition is a direct consequence of the crappy (no pun intended) service by the developer.

That itself would not be easy.

Then it goes to assessment of damages (compensation) - how much can you get for such mental suffering, anguish, trauma, etc, ? How to assess? How long is the impact? Curable? Permanent?

Do bear in mind that you need to bear the costs of the medical reports, etc first, without any guarantee of success. So do bear the pros and cons before pursuing the matter further.

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Thank you for your advice. You are right, it is a long road. I actually had the phobia to use the toilet, even after i used Dettol, Bleach, and acid to wash my toilet, i didn't dare to use the toilet until 4 days ago. And guess what? Today, when i came back, i saw the same problem again, and this time the human waste is even more that the last time. And it reached the door. I have contacted the Developer and the person in charge said all i could do is to wait for the plumber to come tmr. And i have to take leave to do that. And as i am writing now, the waste is still flooding my bathroom and i am so worried that it will flow out, and spoil my timber flooring and my expensive new built in wardrobe. It is worrying me. This is really menatlly torturing.

I called the realtor who works in the Real Estate Agency that exclusive agency that sells this condo during the construction period. He told me that after the handover of the keys, he got to know that this developer used cheap materials to cut costs. So, intead of two different piping for shower drain and sewage darin, they combine into one big pipe, that's why the human waste overflow from the shower drain.

Dario, plase advise me what else i can do? I do not want to face the same problem again, even after they "fixed" it tmr.

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littlegirlmsia
post Jan 4 2012, 02:58 PM

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QUOTE(dariofoo @ Jan 4 2012, 01:17 AM)
Sorry to hear about your situation.

Perhaps you can take photographs of the current situation for record purposes. Hand in a copy of the photos to the developer and get it acknowledged.

If the damage extends to your flooring and wardrobe, then you have actual loss and you can sue them for negligence. But do take precautions like to block the gap at the bottom of the door to at least prevent it from seeping through. You can't just let it flow, and then later just claim for damages. You need to show that you had taken measures to prevent, or at least mitigate any damage.

Are you the only one facing this problem? Are there others? Gang up and try making some noise. Is there a JMB? Approach a committee member and raise the issue. See what comes out of it.

Apart from the above, I can't advise you any further than I did in my reply to you earlier.

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Thanks Dario, I have emailed to the directors of the developer. The pics and video and the incidents. I also proved that I used things to prevent the flow from seeping through the door gap.

The other units have water leakage problems but not the same problem. We don't have JMD but forming it soon this month.

Thank you.

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