Claimant seeks refund from troubled resort as diving plans hit the rocks


Ng’s diving trip to Sabah was continually postponed due to the Covid-19 pandemic in 2020.

DUE to the Covid-19 pandemic, a software engineer and his wife had their diving adventure in Sabah postponed.

Claimant Ng Chong Lee paid a RM8,400 deposit in January 2020 to a resort on one of the Sabah islands for the diving trip.

The 43-year-old Singaporean said the total cost of the eight-day, seven-night package for him and his wife was RM21,000.

“We were supposed to go for our trip either in April or May in 2020,” he told StarMetro outside the Johor Consumer Claims Tribunal in Menara Ansar.

Malaysia implemented the first movement control order on March 18, 2020 due to the Covid-19 pandemic and closed its international borders to tourists and visitors.

“April and May were chosen as these two months were the best times to see hammerhead sharks,” said Ng.

The claimant said he had paid directly to the resort operator as the latter accepted payment in ringgit whereas tour agents in Kota Kinabalu only accepted payments in US dollar.

“We kept communicating throughout the several MCOs and the resort agreed to maintain the package pricing at RM21,000,” said Ng.

The claimant said that when Malaysia started reopening borders to international travellers on April 1, 2022, the resort contacted him at the end of 2022.

Ng said new diving dates in April or May 2023 were suggested, but the resort staff later changed the dates to 2024 as renovation works were planned for the resort.

“We agreed to the 2024 dates but we found later that the Sabah government had revoked the resort’s operating licence.”

The claimant said the resort had since been placed under liquidation and he was having difficulty recovering the RM8,400 deposit paid to the operator.

A liquidator is appointed to wind up a company’s affairs.

The liquidator does this by selling off the company’s assets to pay off creditors and distribute the remainder to shareholders.

Tribunal president Lee Chee Thim advised Ng to go to the Insolvency Department in Menara Tabung Haji, Jalan Ayer Molek, in Johor Baru.

“Check with the department on which liquidator is in charge of the resort’s business now. You need to submit proof of debts to the liquidator,” said Lee.

He ordered the liquidator to refund RM8,400 to the claimant within two weeks.

Those who need Tribunal assistance can call 07-227 1755 or 07-227 1766.

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