Recently, the Journalists and Public Opinion newspaper continued to receive information from readers who are home buyers at the Tan Thang Sports and Residential Complex project (Son Ky ward, Tan Phu district, Ho Chi Minh City, commercial name is Celadon City). Accordingly, due to not finding a common voice in paying benefits to customers according to the terms of the sales contract, a number of customers filed a lawsuit against the investor, Gamuda Land Joint Stock Company (Gamuda Land), at the Tan Phu District People's Court.
For example, in the case of Ms. NNB (Tan Binh, Ho Chi Minh City), after a period of dialogue with Gamuda Land without results, Ms. B. filed a lawsuit to the court to proceed with the arbitration of rights in accordance with the provisions of law. Ms. B. requested the court to resolve the termination of the sales contract between the two parties, requiring Gamuda Land to pay the interest rate in the contract of 18%/year, until the parties have completely fulfilled their obligations according to the content of the lawsuit.
Some customer petitions sent to Tan Phu District People's Court.
At the same time, Ms. B. also requested Gamuda Land to compensate for damages of 30% of the purchase price according to the terms of the sales contract. To prove the contract violations by Gamuda Land, in addition to the invoices and sales contracts, Ms. B. also sent to the court pictures of the project at the time of overdue handover.
Ms. B. also said that at the time Gamuda Land handed over the house to the buyer, the apartment had many problems, and the outside was not yet completed. Many residents who received the house at this time recorded it in pictures, even made a record as evidence to prove that the investor handed it over when the conditions were not met.
According to Mr. P.D.T - representative of a customer who bought an apartment in Diamond Alnata (Celadon City), after submitting the lawsuit, the People's Court of Tan Phu District invited him and the representative of Gamuda Land to work to conduct mediation. However, at this mediation session, Gamuda Land was not present.
During some working sessions, residents requested to meet with people with authority and function to answer their questions but were not satisfied.
“That shows that Gamuda has no goodwill in dialogue with customers. I know that many people in the A5 residential group have filed a lawsuit, this is also our last resort in asking for the rights that we should have. Previously, Tan Phu District People's Court also tried a dispute between customers and Gamuda Land, but the result was not as expected…”, Mr. T. said indignantly.
Up to now, Mr. T. is still waiting for the Tan Phu District People's Court to send a notice to open a trial so that he can directly dialogue with the responsible and authorized representative of Gamuda Land. This is also the wish of Mr. T. and many other residents who have bought houses at Celadon City, but this wish has not yet been fulfilled.
As previously reported by the Journalists and Public Opinion, at the end of January 2023, some customers who bought apartments at the A5 Apartment Complex received a notice from Gamuda Land, requesting them to fulfill their financial obligations to proceed with the handover of the house. At this point, the investor had delayed the handover of the house by about 4 months, meaning that they had to fulfill some terms in the contract.
Some customers used banners to demand Gamuda Land to pay the penalty according to the contract.
Specifically, according to the sales contract signed by Gamuda Land with customers, Article 11.7a on "Penalty for late handover" also stipulates that if the buyer has completed the payment obligation as prescribed but the seller does not hand over the apartment to the buyer, the seller will have to pay interest at a rate of 18%/year calculated on the total value of the purchase price payments that the seller has actually received from the buyer for each day of late handover, calculated from the end date of the permitted late handover period until the date of the handover notice when the apartment is eligible for handover as prescribed.
In addition, according to Article 11.7b of the contract, if the seller continues to not hand over the apartment from the date of the end of the permitted late handover period, the two parties can agree on another handover date, the seller will continue to bear the late handover interest during this period. Or another option is that the buyer can unilaterally terminate the contract and Article 18.4 of the contract will be applied.
Article 18.4 of this sales contract also stipulates that Gamuda Land must refund the money received from the customer (without interest), pay the late delivery interest calculated on the total amount received, calculated from the time of termination of the permitted late delivery period until the effective date of the notice of contract termination. In addition, Gamuda Land must also pay a penalty equivalent to 30% of the purchase price for breach of contract and compensate for any actual damages incurred by the buyer due to the seller's breach of contract.
With the above clear terms, a group of customers did not accept the late handover and requested to terminate the contract according to Article 11.7b and perform the investor's responsibilities according to Article 18.4. In addition, some customers only requested Gamuda Land to pay a penalty interest of 18%/year on the amount paid according to the contract terms.
Also at the A5 Apartment Complex project, on April 13, 2023, the Ho Chi Minh City People's Committee fined Gamuda Land VND 900 million for "Illegal capital mobilization". At the same time, it requested remedial measures to return the capital mobilized illegally. The time limit for implementing remedial measures is 10 days from the date of receipt of the decision. All costs for organizing the implementation of remedial measures shall be borne by the company.
Journalists and Public Opinion Newspaper will continue to inform about this incident.
Gamuda Land is the real estate development division of Gamuda Berhad, Malaysia's leading infrastructure and construction group. Entering the Vietnamese market in 2007, Gamuda Land is currently investing in two urban areas: Gamuda City, covering 274 hectares in Hoang Mai District, Hanoi, and Celadon City, covering 82 hectares in Tan Phu District, Ho Chi Minh City.
Celadon City is a project built on an area of 82 hectares with a total investment of up to 1 billion USD. Currently, this urban area has been implementing many subdivisions including: Ruby, Emerald, Diamond Alnata, Diamond Alnata Plus, Diamond Brilliant, Diamond Centery, and The Glen (Condo Villa).
In addition, recently, the Elysian project at 170 Lo Lu Street (Truong Thanh, District 9, Thu Duc, Ho Chi Minh City) was also promoted by Gamuda Land as the second project of this investor in Ho Chi Minh City. This is an apartment project deployed to anticipate the development of traffic infrastructure in this area with a scale of 3 hectares with nearly 1,400 apartments.
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