Letters to the editor 16/04

When will we get possession?


I read your article about XPRESS readers complaining against Damac Properties (Damac Will Pay Out Over Project Delays). I want to bring to your notice that the Tanmiyat Group too has not delivered their Living Legends project based in Dubailand.

The project was due to be delivered in December, 2008 but, amazingly, the construction has not even begun yet! It is only fair that investors get their money back with compensation because if we had invested somewhere else we would have made a profit by now. Something needs to be done about this.

Esmail Salari, Dubai

Editor's note: All the complaints concerning the Tanmiyat Group have been forwarded to the customer care section of the company, but it has not yet issued a response.

Guide the investors

I bought two townhouses in Jumeirah Village and was told by the developer that delivery would be in April, 2009. Now they have told me (after numerous calls) that they have not started construction because they were given possession of the plot only last month. We, as investors, have to accept whatever they tell us. What else can we do? I am very encouraged with this news (Law Speaks: Making Its Case) and pray that we will finally get some form of protection from the authorities. Maybe the Real Estate Court can set up a website to guide investors.

Name withheld, Dubai

No handover

I bought a unit in Tanmiyat's Living Legends project. The unit was supposed to be handed over in December, 2008. However, the construction has not yet commenced. To top it all, the developer is sending newsletters saying that the project has started while, in fact, that is not the case. To add to the trouble of buyers, they have now declared force majeure [a clause which exempts contracting parties from fulfilling their obligations for causes that could not be anticipated and/or are beyond their control] which in effect means that the developer wants to [circumvent] the penalty clause – in case of any delay in handover.

Name withheld, Sharjah

Nothing's happening

We are a group of investors in the Living Legends Project of the Tanmiyat Group. We have paid 30 to 40 per cent of the price of the properties which were supposed to be ready in December, 2008. Construction has not even begun yet and the developer is trying to avoid paying compensation as per the contract by declaring force majeure. We have tried to contact the developer by phone and in writing but they have not given us any answer. They promise to call us back but they never do so. It's been two months and they have not responded.

Elyas Sulaiman, Dubai

Clueless

I would like to file a complaint against Tanmiyat for taking an unbelievable amount of time to start construction. They have taken investors' money but have put their development on hold. We don't have a clue as to when the project will be completed.

Rafi Khan, London

Abide by the law

Will Emaar listen to the guidance given by Dubai Real Estate Court Chief Justice Abdul Qader Mousa Mohammad (Law Speaks: Making Its Case)?

I had invested in Emaar's Mushrif Heights in the third quarter of 2008 and in January this year I told Emaar that I can't go ahead with the investment. Emaar insists on forfeiting the 10 per cent deposit, amounting to over half a million dirhams, even though the law clearly requires Emaar to refund 70 per cent of it straightaway. The viability of the Mushrif Heights project has been under question for months. It is a $3 billion (Dh11 billion) project and Emaar can't go ahead with this project without negatively impacting the company's financials and its shareholders' interests. In such a scenario it makes financial sense for Emaar to cancel the project and refund the 30 per cent balance too.

Name withheld, Dubai

Emaar replies: Emaar's customer care representatives are in discussion with the customer to address her concerns. We have introduced a number of initiatives and options that are aimed at assisting customers in the current economic climate and ensuring the long-term value of their investments in our projects.

Explain the law

Damac Will Pay Out Over Project Delays was an interesting article as it talked about Article 12 of Real Estate Law No 13 of 2008 and what happens if a purchaser delays a payment.

But I am led to understand that Law No 13 only applies to sales agreed after August 31, 2008. Is this correct? If so, Law No 13 is useless for the great majority of people because 95 per cent of current purchase contracts must have been agreed before this date. And I have a problem with Schön Properties. They said they would deliver on December 31, 2007, and now they say it will be at least three-and-a-half years after this date. But they still keep asking for their money!

David G. Ashcroft, Dubai

Editor's note: According to Abdul Qader Mousa Mohammad, Chief Justice of Dubai Real Estate Court, Article 12 of the Real Estate Law No 13 of 2008 is applicable to all contracts signed before and after the issuance of the law.

Empty promise

I bought an apartment from Damac in Burjside Boulevard. I've been paying the instalments on time, totalling 40 per cent of the purchase cost. However, the project has not even started. When I called up the Damac office in January this year, I was told piling work was being done. But when I visited the site, I saw no work being done and it was just an empty piece of land. So I took photos and sent them to Damac. They then acknowledged that the project was on hold, but have refused to return my money.

Simrat Bindra, Dubai

Special support

I am a mother of an autistic child (Special Families). I feel parents suffer more than the children because they [the children] don't know what is going on. While a lot needs to be done in order to create awareness about autism, authorities can extend support to the parents by providing free education and other services. Also, there should be more professionals available to educate these children and their parents.

Elsy Thankachan, Dubai

Dating game

This is a great piece (Love Badges: Pin it on Your Chest). It's good to see that entrepreneurs are emerging in areas that they feel can be improved. I would, however, note that online dating has been a very successful way of meeting single men and women. I would have to agree that nothing beats the traditional way of meeting singles, but the button thing? I don't know, it sounds like a fad.

Zak Avery, USA

Deceptive report

Your report titled Student stabbed was deceptive. The line which read “An Iranian medical student attacked by a Filipino man…'' was judgmental and unfair to Filipinos here.

Names and nationalities of individuals should not be mentioned in a report if you don't have concrete evidence. On what basis did the victim allege that the attacker was a Filipino? Does she know that Filipinos, Thais, Malaysians, Indonesians, Burmese and Nepalese have similar physical features?

Instead of mentioning a person's nationality, just say ‘an Asian man', ‘a European man' or ‘a Western man'.

Name withheld, Dubai

Editor's note: The report was based on the victim's account. The standfirst should have read: An Iranian medical student allegedly attacked by a Filipino man is currently undergoing treatment for her injuries.

We regret the error.

Identity issue

This is with regard to the story on the Iranian woman who was stabbed by a man. The culprit's question to her was in English. Is that the proof that the attacker was a Filipino? Even if she saw the attacker's face, the person could well have been a Chinese or a Nepalese or another man of Asian origin.

Please note that I am not a Filipino. And get well soon, Anoushka.

Khalil Sibarani, Dubai

Any witness?

How was it decided that it was a Filipino man who attacked the student? Any proof? Any witness? I'm a Filipino and want to be informed if the attacker was indeed a Filipino. Or, could it be that the attacker was another Asian?

Bong, Dubai

Thank you for helping

Thanks to your report in XPRESS the plight of the Filipino drivers living in a hovel in Ajman is abuzz in the UAE (Driver Scam). We visited the workers last Friday and we were surprised by the outpouring of aid that came. We just hope that the authorities will look into problems faced by these recruitment scam victims.

Jonathan, Sharjah

Talk on the radio

XPRESS was instrumental in igniting the humanitarian spirit among Filipinos here. Through your report they learnt about the sad situation of the 137 drivers who were promised non-existent jobs. My sister in the Philippines asked me to join the aid effort which she said was being discussed on radio talk shows in Manila.

Honeyleen, Dubai

In Obama's footsteps

I refer to Rajendra Aneja's letter Obama Drama!. In that letter, it was stated that Obama's decision to travel to the G-20 summit with a large entourage was nonsensical given today's economic climate. The writer also questioned the ability of world leaders to solve the economic problems.

Having said that, I would like to point out that a recent article said the Goan government in India spent Rs1.5 million (Dh110,665) on food and Rs13 million (Dh960,000)on refurnishing the official residences of three ministers and the speaker of the parliament.

This comes, as was stated in the above-mentioned letter, “in these days of pain, poverty, unemployment''. The fact that these politicians splurged on such trivialities while millions of people in India live in absolute squalor makes it all the more worse.

Danilo Zivanovic, Dubai

The bank must pay

I cannot believe that an amount as large as Dh1.5 million could be stolen as easily as the robber did it (Dh1.5 Million Gone). I just don't understand how a bank teller can hand over that much money over the counter. Shouldn't the transaction of this nature be approved by the manager or the chief teller first and shouldn't more than one form of ID (not only a driving licence) be asked for? I think the bank should fully reimburse the man from whose account the money was withdrawn.

Anita, Satwa

Hope afloat

Your article on property disputes was very informative and it has given me hope (Making Its Case).

Last year, I bought a property unit after being promised by the developer that I would be able to move in by December 2008. The ‘ultimate long stop' date [the latest possible delay date] in the contract with the developer (ETA Star) was March 31, 2009. The property is still far from handover and the latest story from the developer is that they think it may be in September.

This is ruining me financially because I am paying a mortgage plus rent. There is a clause in the contract that states that the buyer has the right to terminate the contract and have the money returned with interest should the handover go beyond March 31. So I wrote to ETA Star and asked them to terminate my contract. They invited me to their office and, after a list of excuses, said that they would not honour the contract and refused to allow termination.

It is scary when such a big developer behaves this way.

They use the slogan “Built on trust'' but this is clearly not how they are behaving at the moment. I am not sure exactly what my rights are here but in most countries that I know, including my home country (England), a written and signed contract is legally binding.

I read the comments made by Abdul Qader Mousa Mohammad [Chief Justice of Dubai Real Estate Court] and this has given me hope that the legal system in the UAE will put this right.

Tamir Hassan, Dubai

Editor's note: According to an ETA Star representative, the project referred to by Hassan is a Star Giga Establishment project which is a joint venture between Mazyood Giga and ETA Star.

A spokesperson of the Establishment said, “The project is almost ready and the shareholders of this company are committed to deliver it latest by September, 2009.''