Defaulters Beware, Court Of Appeal Backs Indah Water Konsortium.

Indah Water Konsortium(IWK) Sdn Bhd can continue with its proceedings against a businessman in the magistrate’s court to claim a sum of over RM1,000 for sewerage charges owed by the latter.

The Court of Appeal on Friday allowed the appeal of the sewerage treatment company and set aside High Court’s order striking out its suit against Yong Kon Fatt.

Court of Appeal judges Justices James Foong, Zaleha Zahari and Heliliah Mohd Yusof unanimously held that the High Court erred when it allowed Yong’s appeal on the ground that IWK did not file an affidavit in reply to the businessman’s striking out application.

IWK had filed a suit against Yong at the magistrate’s court to claim for a sum of RM1,074 being the charges that were due and owed by him.

Yong, in his defence, denied the claim and alleged that IWK did not provide sewerage services to him. He then filed an application to strike out IWK’s suit on the grounds that it was scandalous, vexatious, frivolous and an abuse of court process.

On Oct 2, 2003, the magistrate’s court dismissed Yong’s application. Unhappy with the decision, Yong appealed and on March 30, 2004, the High Court allowed his appeal. (TheStar)

***** This is one judgement that is going to embolden IWK. With this new legal backing behind it, the consortium can go ahead and demand payment with impunity and there is nothing much that we can do except grumble and pay up. I for one think that this is grossly unfair and a travesty of justice of the highest order when we have to pay these people for doing work which should rightfully be done by the local authorities. If the majlis maniacs don't want to do it then let them pay IWK for professional sewerage services rendered. Why should we be burdened with these charges?
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