A purchaser of the exquisite Muthaiga Heights apartment on 6th Parklands Avenue in Nairobi has made a complaint against Toner Holdings Limited a company belonging to billionaire business man Naushad Meralli.
The billionaire is said to be the owner of the company developing Muthaiga Heights apartments. He is known for his for his shares in mobile network Airtel among other companies.
The claimant who has sort redress under the Arbitration court says that there was misrepresentation in the sale agreement as to what the premises would offer.
According to witness statements seen by Kahawa Tungu, the purchaser Naseem Noor bought the property from’ off plan’ and they were yet to be constructed.
The sale agreement indicated that the apartments would have designated parking spaces for tenants, fire extinguishers and automatic fire alarms and sprinkler systems, a fully operational restaurant and coffee shop, 24 hour backup generator and two lifts per apartment tower.
The purchaser said he was given possession of one of the apartments and is yet to be given possession of the second one but was allowed to store furniture. He said that what was contained in the brochure or oral representations.
The claimant claims that prior to the signing of the sale agreement and payment of the full purchase price it was indicated that solar water heating systems would be installed for each unit. The same is still being indicated to prospective purchasers. Attempts to install the same at the purchasers costs have since been declined.
He says he receives an invoice for service charge without receiving audited accounts of how the said amount of money is utilized.
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The biggest misrepresentation is the presence of a hotel within the premises which compromises the privacy of the the premises. The claimant said that Toner Holdings Limited have breached the terms of the National Environment Authority (N.E.M.A) by allowing a residential hotel instead of a coffee shop as earlier indicated.
Aside from all these breaches the fixtures within the property are of substandard quality, The bathrooms were fitted with polished tiles instead of anti slip tiles therefore increasing the risk of accidents. They also failed to fit various bathroom accessories such as a soap dish and toilet roll holders which the purchaser had to install at their own cost.
The claimants says that attempts to engage Toner Holdings Limited have proved futile.
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