Blind man files action against Hong Leong Finance over house sale

KUALA LUMPUR Aug 28 - A former businessman who is blind on Thursday filed an originating summons in the High Court here seeking a declaration that the sale of his house in Bukit Antarabangsa as null and void.

In the summons filed through Messrs Vijian Chandran & Partners, Yong Wai Khuen, who became blind several years ago because of his kidney ailment, named Hong Leong Finance; Richard Ng Kok Kee and Lau Lai Peng, the buyers of the house; and G. Rajah Rajan, the house occupant, as defendants.

Yong, 46, who is now unemployed, is asking the court for a declaration to set aside the sale of his property in Taman Kelab Ukay on Dec 9, 1999 by Hong Leong to Ng and Lau.

Yong is also applying for an order to compel Hong Leong to forfeit the RM15,600 downpayment paid by Ng and Lau to Hong Leong and deposit it into a joint account of the plaintiff and Hong Leong.

He is also seeking an order that Ng and Lau or whoever is claiming their rights give vacant possession of the property within 14 days of service of a signed copy of the order on Ng, Lau and Rajah Rajan.

Yong is claiming compensation from Ng, Lau and Rajah Rajan for allegedly occupying the property without valid consent, at a rate of RM1,200 per month from April 2000 until the day vacant possession is handed to him.

He is also seeking an order that Hong Leong pay the developer RM27,980 and whatever interest charges imposed by the developer, exemplary damages, costs and other relief deemed fit by the court.

In his affidavit, Yong said he bought the double-storey terraced house from Lipkland Berhad (now known as Ukay Lake Holdings Sdn Bhd) and took a RM75,000 loan from Credit Corporation Malaysia Berhad.

He claimed to have signed a loan and assignment of rights agreement with Credit Corporation Malaysia, which has since been taken over by Hong Leong Finance, on Feb 4, 1987.

Yong claimed that before the housing project was abandoned, he had paid instalments totalling RM27,447.59 for the loan.

Yong said that in 1998 he came down with chronic kidney disease and had to undergo long-term treatment, causing him to lose control of his financial affairs and to be declared a bankrupt.

He claimed that the finance company had informed him that the house had been sold for RM156,000.