KUALA LUMPUR – Two homebuyers are staring at a defamation suit from a property developer over their messages in private WhatsApp groups.
The duo had rallied more than 200 residents of Aurora Residence in Puchong to sue Masteron Sdn Bhd for failing to deliver their units as per the sales and purchase agreement (SPA).
Two WhatsApp groups were created to manage the class-action suit.
However, defendants Stanley Saw and Fiona Lim are now facing legal action over allegedly defamatory messages they sent in the groups in 2019.
The Vibes sighted the following statements by the developer in its statement of claim:
“As soon as the defendants and other buyers took possession of the property, a class-action suit was filed at the Shah Alam High Court.
“Around the time of the filing, the defendants were in a few WhatsApp groups, called ‘Aurora Residence 2.0’ and ‘Aurora Class Action’, with other buyers and the plaintiff.”
Among the alleged defamatory statements made by Saw is one where he pointed out that other residents of apartments built by Masteron faced similar problems.
In one WhatsApp group, he said he knew a buyer who had yet to receive his strata title 10 years after moving in.
In another message, he said: “This is only part of the battle... I do not want to end up like one of the residents in Koi Tropika, where I (would) have to pay a lawyer to get my strata title back. That is why understanding the history and trend of this unscrupulous developer is very important. They will rape, rob and pillage us if we do not stand together and fight back.”
Masteron said Lim, the second defendant, made the following statements: “Just thinking, is there any way they (the plaintiff) can bribe the judge/court? Really don’t know what is (up) their sleeves, knowing the stupid things they have done in the past. I don’t know, but just asking.”
Masteron said the two sent other defamatory messages as well.
However, Saw and Lim said a number of their messages were not of such nature.
In their statement of defence, they referred to their messages as “fair comments” and “qualified privilege”.
They described Masteron’s defamation suit as an abuse of the court process.
The WhatsApp groups in question had more than “200 unsatisfied participants”, who also sent messages in the said groups, they said.
The only reason Saw and Lim were “chosen”, according to the statement of defence, is because they spearheaded the class-action suit against Masteron.
Saw told The Vibes that he expects the trial to continue at the end of the year, due to delays forced by the Covid-19 pandemic.
Class-action suit
In 2018, before the defamation suit, more than 200 buyers of Aurora Residence units sued Masteron, saying the developer failed to build their homes as promised in the SPA.
The residents said when they moved in, they found their units to differ from what they had been promised.
Among others, Masteron was supposed to use homogenous tiles in various areas of a unit, but it did not.
The floor plan showed four windows in certain rooms, which the residents said Masteron failed to provide.
And, the “hanging gardens” displayed in the developer’s marketing materials are nowhere to be seen.
Matter of public interest
The class-action suit has been settled out of court, said Saw.
He said he cannot reveal details on the settlement, only revealing that Covid-19 was among the reasons why the residents chose this option.
“We settled the class action due to a few reasons. The Covid-19 pandemic hit, and it would be to the developer’s advantage to delay the case. And, the residents also needed the money.”
He said he pursued legal action against Masteron as a matter of public interest.
“I feel that many homebuyers do not understand their rights, and it is very important that they understand the nature of the commitment they enter into.
“Don’t buy a product that looks good only on paper, and (based on) promises made. Make decisions according to the reputation of the developer.”
He urged potential buyers to conduct research on property developers, including checking out their previous projects.
“Remember, this is an investment for life.”
Calls to Masteron went unanswered. – The Vibes, February 4, 2021
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