Complaint Review: Thai Sunshine Developments - Tambon Khanom, Amphoe Khanom Internet

This is the reasons why we withheld the last instalment to Thai Sunshine Developments: 

1.  The construction work is not finished and the last installment is to be paid after     the construction work is finished and we have accepted the house to be up to the     agreed standard stated in the architect drawings without anything missing or poor     build quality. You will find more about this in the Building Construction Amendment,     dated: Monday, xx November 2010.  The B. C. Amendment also states that a 3rd.     part will evaluate the house in case of an dispute. 

2.  There is a lot of poor work.  U.B.T in Tambon Glai will have a look at the house tomorrow 1430.   

3.  The fish pound is not constructed. 

4.  The telephone line and outlet is missing. 

5.  The emergency light system is missing 

6.  The outdoor footwash shower is missing 

7.  Only 1 of 5 TV outlets are working. 

8.  We can not accept to have rain water leaking trugh windows and doors. 

9.  One of the doors can not be opend. 

10. The outside walkway is not constructed. 

11. Please read the the letter we sent TSD, dated, xx.xx.2011  

12. Please read TSD`s "Dismissal Of Building Construction Agrement" dated:  XX.XX 2011.  In this letter they say that they dismiss the building agrement with Mr. XX due to unpaid installment of THB XXX.XXX.  I think you shall ask the Managing Director that know so mutch about the construction game to read the contract they composed theirself, because the last installment is not ment to be paid at this stage. 

13. TSD has not completed the filling of our land.  This is a seperate contract.  We paid them XXX.XXX for the job. 

14. I almost forgot:  The electricity do not work in 75% of the first floor. 

15. We will have a 3rd part construction company to give us a price for the remaining work to complete the construction      work and to fix the poor job that TSD did.    From now on I think you shall use a stricter / harder line in the negotiations with TSD.  It is no use to run a soft line against them.  They will never give up.   Please also consult the Thai Consumer Act Law.  There you can read aboutwriting unfair contracts:    http://www.thailawforum.com/database1/ConsumerProtecting-law.html  

Part 2 bis

Consumer Protection on

Contract

Section 35 bis. In any business in

connection with the sale of any goods or the provision of services if contract

of sale or such contract of service required by law or the custom to be made in

writing, the committee on Contract shall have the power to provide such business

to be a controlled business with respect to contract.

A contract between a businessman and the consumers in

the controlled business with respect to contract shall be of the following

descriptions:

(1)stipulating the necessary contract terms which if not

stipulated in the contract the consumers would be unreasonable

disadvantageous;

(2)does not stipulating the unfair contract terms to the

consumers.

Provided that, subject to the rules, conditions and

details prescribed by the Committee on Contract, and to the benefit of the

consumers as a whole, the Committee on Contract may permit a businessman to

prepare a contract in accordance with the form prescribed by the Committee on

Contract.

The prescription under paragraph one and two shall be

in accordance with the rules and procedure prescribed by the Royal Decree.

Section 35 ter. When the Committee on

Contract prescribes that any contract term for a contract of a controlled

business with respect to contract must stipulate or does not stipulate any

contract terms with a condition under section 35 bis, if that contract does not

stipulate such contract terms or stipulate such contract terms but does not

comply with its condition, that contract shall be deemed to stipulate such

contract terms or stipulate such contract terms under the condition, as the case

may be.

Section 35 quarter. When the Committee

on Contract prescribes that any contract of a controlled business with respect

to contract shall not stipulate any contract terms under section 35 bis, if that

contract stipulate such contract terms, it shall be deemed that such contract

terms does not exist.

Section 35 quinque. The Committee on

Contract shall have the power to prescribe any one of the business in connection

with the sale of goods or the provision of services to be a controlled business

with respect to receipt of payment.

The receipt of payment of a controlled business with

respect to evidence on receipt of payment shall be of the following

descriptions:

(1)Having particulars and necessary statements which if

such particulars or statements are not sued, the consumers would be unreasonable

disadvantageous.

(2)Not having the unfair statements to the

consumers.

Provided that, it shall be in accordance with the

rules, conditions and particulars prescribed by the Committee on Contract.

The prescription under paragraph one and two shall be

in accordance with the rules and procedure prescribed by the Royal Decree.

Section 35 sex. When the Committee on

contract prescribes that receipt of payment of the controlled business with

respect to evidence on receipt of payment shall contain any statement or any

statement with conditions or shall not contain any statement under section 35

quinque, the provisions of section 35 ter and section 35 quarter shall apply to

such evidence of receipt of payment mutatis

Section 35 septem. In the case where a

person operating a business in connection with the sale of goods or the

provision of services makes a promise for a guarantee contract to the consumer,

such contract shall be made in writing, signed by such person or his agent and

delivered to the consumer together with the goods or services.

If the contract under paragraph one is made in foreign language, the Thai translation

shall be attached thereto.

Section 35 octo. The businessman shall

have a duty to deliver the contract having contract terms or contract terms with

the correct form in accordance with section 35 bis or deliver the evidence of

receipt of payment having correct particulars and statements in accordance with

section 35 quinque to the consumer within the normal course of that type of

business or within the period of time prescribed by the committee on contract by

publishing in the overnment Gazette regarding which period of time becomes due

first.

Section 35 novem. Any businessman who

doubt whether his contract form of form of evidence on receipt of payment will

violate or fail to comply with this Ac, such businessman may require the

committee on Contract to give a prior opinion on such form. In this case, the

provisions of sections of section 29 shall apply mutatis mutandis. 

Regards

XXXXXX

I think this email from your asistant manager show the readers that we asked for a carport !

And why would the architect make an ilustration picture with a carport if we did not ask for it ?

In the aerea where we live you do not need any aproval to build a simple carport.

Email from Thai Sunshine Developments:

We have source the price now including all changes, room atbottom, storage room and carport with 3 walls it will be some were around 2,4mthb – 2,5 depending on the ground softness we need the support pillarsfor foundation or not.   If you decide to go for the original plan show onsmilehome it will be 1.98m. some changes can still occur depending on materialchange but that difference will be pretty small PS: View our January 2010 Issue of Khanom Beach Magazine here:http://khanom-beach.com/magazine_01_2010/ Best regards - And have a nice day :-) Kenneth (Ken) Sekrathok Assistant ManagerThai Sunshine Developments 

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Sure my website shows a house with flat roof and a carport, because you, Mr. Trym Staumo, provided us with some graphics from another architect.

The drawings following these graphics you wanted to change and in accordance you spent 2 days with our architect at our office, right?

One thing is what is shown on our website, but the fact is that the drawings you were satisfied with and agreed in, they DO NOT SHOW a carport! But anyway you signed the contract and so it is 100% binding!

Is it my problem that you don´t check what you sign and don´t check the drawings is in accordance with your wishes??

Have a look at this statement on their own website:  http://thaisunshinedevelopments.com/our_projects.php

We are building  this 2-storey villa with flat roof in Sra  Kaeo some 50 kilometers south of Khanom.

The villa has 192 sqm living space with  2 bedrooms, 3 bathrooms, 2 living rooms and a kitchen plus carport and fishpond  . This villa is expected to be complete  November 2010.

By the way: Show me the fishpound !

You need good memory to be a professional liar Mr. Olsen. You can always try to delete the website, but I have a very good screenshot !

I am the General Manager of TSD. I know this person who report us very well, coz we only have one single problem, which is this guy.He contacted us to build his house with carport. He talked to our Sales Manager and later with our architect to create the drawings of the house.

He said he wanted a carport but he didn´t accept our price and asked for a discount. Our Sales Manager told me later that this guy accepted the house without carport due to a reduction in price.Thsi guy spent 2 days in our office with our architect before he was satisfied with the drawings.

So after checking the architect drawings I wrote a contract stating we would build everything stated in the drawings. And there were NO carport! This guy and his Thai wife signed the contract and never with ONE word mentioned anything about the missing carport.

When this guy then found out that we did not provide him with a carport he got very very angry and started to threaten and harass us on a daily basis and told us he wanted to crush us and drag us into the dirt and shortly afterwards he created his own website with a warning about us and calling us conmen and fraudsters.

This is clearly defamation and in Thailand this is a criminal offence, which will bring this guy in big trouble, as we have reported him to the police.

This guy CANNOT prove any of his lies, but I CAN prove they are lies.

So now this guy will be prosecuted, fined and maybe jailed, and he will for sure be deported from Thailand and be blacklisted for ever returning again.