Buyer accuses developers of 'gross negligence'

An apartment owner yesterday filed a judicial protest asking the developers of the block of flats to make good for damages sustained due to their "gross negligence".

Rosemarie Portelli claimed it was scandalous that the developers should receive her life savings but had then failed to perform their contractual obligations.

Ms Portelli filed the protest in the First Hall of the Civil Court against Mario Borg and Raymond Camilleri in their personal capacity and on behalf of the company M & R Holdings Ltd.

She claimed that she had undertaken to purchase a flat in an apartment block known as Summer Field, Qawra, from the two developers.

The flat, which was in shell form, was supposed to be completed by October 2004. However as the works were not completed in time and as Ms Portelli had not yet managed to sell her previous residence, the parties agreed to extend the promise of sale agreement between them.

In January this year, Ms Portelli sold her previous residence but her new flat was not yet ready. The two developers, however, instructed her to move her furniture into the flat and promised her that the flat would be ready soon.

In February 2005, Ms Portelli concluded the contract of sale with the developers. The apartment block was still in shell form and her flat was not even provided with electricity.

Up till the end of last April, Ms Portelli was still unable to move into the flat as it was still not complete.

In the wake of some thefts from the apartment block, she had called upon Mr Borg and Mr Camilleri to provide security for her property, as her furniture was inside the new flat. Although they paid half the expenses for an alarm system in the block, the system could not be used as there was no electricity. As a result, an agreement was reached by the parties whereby the developers were to provide Ms Portelli with alternative accommodation free of charge.

However, in May, thieves burgled Ms Portelli's flat and stole furniture worth Lm5,000. In addition, she said in her judicial protest, the burglars also damaged the main door and the internal doors of the flat.

After this incident, the developers promised to complete the entire block by the end of July but failed to do so.

Ms Portelli claimed that this month some people had thrown paint remover on all the doors of the flats in the block. She also argued that Mr Borg and Mr Camilleri had failed to make good the damages she had sustained.

Dr Ruth Scott signed the protest.