Hi all, lets put aside sympathy and "the govt always at fault"
mentality and analyze this case proper.
The newspaper states
"Upgrading works were in the pipeline, and stallholders had three
options: They could give up their stalls, move to a temporary
market across the road or set up shop at another location."
"At her daughter's urging, Mdm Lee surrendered her stall in October
2003, in return for $18,000 in compensation from the Housing and
Development Board (HDB)."
"It cited a clause in an agreement Mdm Lee had signed in 1993 that
said she would not be entitled to any compensation for the
stall."
It is pretty obvious that the old lady did not read her agreement.
If in doubt, she can always seek legal advice.
However, if one were to think logically, when one is asked to give
up his/her stall, the 1st thing that come to mind should be
compensation!
So, how could she miss out such an important clause??! Putting
aside the doubts on the honesty of the old lady and her daughter,
if they fail to notice the clause, then, in the eyes of the law,
they failed to comply to the contract.
Of course, the HDM is screwed up to allow such a mistake to occur.
But the old lady noticing that an extra 18k was suddenly deposited
in her bank ,she should find something amiss.
Why? In the agreement, since the clause no compensation for
the stall was in, there should not be a clause stating an 18K will
be reimburse into her bank, so she should not even expect any
money.
With an extra 18k in bank, and a monthly letter from the bank, it
is obvious that the HDB has accidentally added that money.
It is the duty of everyone to return this kind of money. It is
PUBLIC MONEY.
I have my own reservation about the old lady and daughter honesty
but that is another matter.
The HBD has to send letter like "The letter, dated Monday, also
stated that payment had to be made within 21 days, "failing which
we have instructions to commence legal action without further
reference"." TO PREVENT PPL IGNORING THEIR REQUEST.
Imagine if the letter is like "no legal action will be taken but
pls kindly return us our money. Do u think anyone will return the
money after reading this kind of letter??
The paper also states "She can contact us for assistance if she has
difficulties in returning the money, " it
added." ... so things can be negotiated.
Hence, it is irrelevant for ppl here to argue that the HDB is
uncompromising.
I do agree that the mistake HDB made is silly, and I feel the
person who make this mistake must be punish by HDB.
However, dragging the whole govt in seems a little too absurd since
they do not make the mistake themselves.
Afterall, which employer dare say the employee they employ will
never make any mistake.