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2023 MarsdenLR 735

SESSION COURT SHAH ALAM
CHU KOK WEI – Appellant
Versus
PCOM PACIFIC SDN BHD – Respondent


Petitioner Advocates:Mervyn Lai,Theodore Wong ,Respondent Advocate: Sri Richgopinath,Carmen Yen,Joel Lim Phan Hong

Ishak Bakri H:

Introduction

[1] The plaintiff is an individual of Malaysian citizen with an address of service at No 18 Jalan Setiakasih, Bukit Damansara, 50490 Kuala Lumpur.

[2] The defendant, PCOM, was and is in the business of selling and installing Smart Home System in residential and commercial properties.

[3] By way of Bill of Quantities Form ("BOQ") dated 20 October 2016, the plaintiff agreed to engage the defendant and the defendant agreed to sell to the plaintiff and installed Crestron Smart Home System with HOMEX technology in the plaintiff's bungalow with an agreed total value after variation order issued by the defendant.

[4] The plaintiff and his family moved into the bungalow on 3 August 2018. The plaintiff alleged that the Home Security System and the Home Appliance Control System were not operational and the installation works were not done properly with reasonable care and skill.

[5] The plaintiff alleged that prior to the said move-in on 3 August 2018, there was no indication by the defendant that they required an extension of time to complete the installation works in the bungalow.

[6] On 5 August 2018, the defendant informed the plaintiff that installation works would

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