[Consumer Affairs page]
Federation of Consumer Associations formed
On 27 May 2006 delegates of all the Consumer Associations in Sri
Lanka gathered to form the Federation of Consumer Associations in order
to establish and to achieve the objects of the CAA Act. Representatives
of various organisations and the public came from all over the country.
There were representatives from Jaffna, Ampara, Batticaloa, Galle,
Matara, Kandy, Nuwara Eliya and Kurunegala.
The theme of the full day workshop was energy and to save energy.
There were academic presentations from Prof. P. Wijethunga, Dr.
Jayatissa de Costa and demonstrations from various companies to
introduce the concepts and saving of energy. If energy is used carefully
the cost can be reduced by 60 per cent from gas and electricity and
fuel.
If we reduce congestion running an engine and developed network of IT
and television the cost of fuel can be reduced. We also proposed a
national strategy, for nutrition, transport and if the Government
introduces a network of lorries connected to the railway system, the
price of fuel and local vegetables and other foodstuffs could be
drastically reduced. This is part of our campaign to bring down the cost
of living.
After having adopted the constitution of the Federation our next move
is to initiate a dialogue with the business community. We invite the
traders and manufacturers to communicate with us on the project
scheduled to be held on June 19, 2006.
We urge the public to communicate with us on telephone
2393496/2393577, fax 2399148, e-mail [email protected], states
Sarath Wijesingha, Chairman, CAA in a news release.
Questions and Answers
01. Q: Who can make a complaint to the Consumer Affairs
Authority?
A: Any person (aggrieved party) can make a written complaint
against a seller or manufacturer whose sales or supply services which do
not confirm to the standards or specifications that are published by the
Consumer Affairs Authority.
02. Q: What kind of relief could be granted to the aggrieved
consumers?
A: The Authority has power to make a decision to replace such
goods or refund the amount paid for such goods or services or to award
compensation.
03. Q: What is the procedure of implementing the decision
under Section 13 of the inquiry?
A: The sum of money due on the order as compensation or refund
may be recovered on an Application being made on that behalf by the
Authority to the Magistrates Courts.
04. Q: What are the directions the Authority could issue to a
manufacturer or trader for the protection of the Consumers?
A: (a) Issue general directions to manufacturers or traders in
respect of labelling, price marking, packeting, sale or manufacture of
any goods
(b) Issue special directions to any class of manufacturers or traders
specifying
i. the times during which and places at which such goods may be
solved
ii. any other conditions as to the manufacturing, importing,
marketing, storing, selling and stocking of any goods
05. Q: 1. What is the nature of the complaint the Authority
may inquire in to?
A: (a) The production, manufacture, supply, storage,
transportation for sale of any goods and to the supply of any services
which does not confirm to the standard and specification determine under
Section 12
(b) The manufacture or sale of any goods which does not confirmed to
the warranty or guarantee given by implication or otherwise by the
manufacturer or trader
2. What is the time limit to make a complaint relating to the above?
A complaint regarding the sale of any goods or to the provision of
any service shall be made to the Authority within three months of sale
of such goods or the provision of such service
06. Can a trader refuse to sell goods?
No a trader who has in his position or custody or under his control
any goods for purpose of trade within Sri Lanka shall not refuse to sell
such goods.
07. Who has the power to specify goods or services as specified goods
or services and when it is being declared?
Where the Minister is of the opinion that any goods or any services
essential to the life of the community the Minister in consultation with
the Authority may order to publish in the Gazette and specify such goods
or such services as specified goods or specified services as the case
may be
08. Can a manufacturer or trader increase the retail or wholesale
prices of any specified goods or services?
No a manufacturer or trader shall increase the retail or wholesale
prices of any services or goods specified except with the prior written
approval of the CAA.
Case for a People-Friendly market
Critics of the free-market economy are of the view that the
free-market economy is hardly free in that, it serves only the high and
the mighty and the poor are marginalised, leaving them in the lurch. In
fact free-market economy is euphemism for the free operation of Big
Businesses, they stress. On the other hand, closed economies, limit the
consumer's choice and the initiative and dynamism of the individual.
In this backdrop the enlightened citizens advocate strategies to
strike a balance so that the free market be a boon to the people and the
Big Business barred from abusing the freedom. The free market is the
arena for most efficient exchange of goods and services. But the million
dollar question is to what extent one markets in service of human
development?
Powerful business interests often place barriers to the access to
"free markets" and those who participate are not equally benefited.
Further estimates of costs and profit do not reflect human values and
environmental issues. So in order to achieve a balance between
efficiency, equity and sustainability markets need to be more finely
tune.
In other words, markets should be means of human development and
should be made to serve people. Hence, the term, people friendly
markets, which allow people to participate fully in their operation and
to share equitably their benefits. (The report on Human Development,
1993 published for UNDP). Four important measures are required for the
successful transformation of free markets into people-friendly markets.
The creation of people-friendly markets will necessarily involve
generating more employment, increasing the purchasing power of the
individual, improving their social standing and self-esteem, giving them
political clout to influence decision-making. So a people-friendly
market will offer productive work, which is the most important and
rewarding human activity.
The state and the market are often seen as antagonistic. It is argued
that state activities should be minimised. The question should not
consider so much the size, but rather the nature of these activities,
state initiatives can provide stable conditions for people-friendly
functioning of markets.
The state and markets often controlled by the same authority, cannot
be really separated. Ideally they should work together in such a way as
to provide people with the power to assert influence over both.
C. A. Samaradivakara
Technical Committee formed
The Technical Committee to monitor the adulteration of coconut oil
was recently formed at the Coconut Development Authority (CDA).
K.W.E. Karaliyedda, Secretary to the Ministry of the Coconut
Development presided over the inaugural meeting of the Committee.
S.S. Purasinghe, Chairman, CDA, Dr. Janaka Gunaratne, Senior Research
Officer, Industrial Technological Institute, S. Nagaiah Assistant
Director, Food Control Administration, Major Bandula Sarath de Silva,
Sri Lanka Standards Institute, J.V.R. Dias, President, Coconut Growers'
Association, Sarath Wijayaweera, Assistant Secretary, Ministry of
Coconut Development, Gamin Rajanayake, City Analyst, V. Baskarasingham,
Assistant Director, Marketing Coconut Development Authority
participated. A.L. Mohideen Bawa, Executive Director, Consumer Affairs
Authority was elected the Chairman of the Monitoring Committee on the
adulteration of coconut oil.
Investigations on adulterated coconut oil
The Monitoring Committee will collect information on adulteration of
coconut oil and develop a strategy to investigate the adulteration of
coconut oil. Further, the development of a program to eliminate practice
of adulteration which is health hazard is the prime objective.
Compiled by C.A. Samaradiwakara
Consumer Affairs Authority Act, No. 9 of 2003 Continued from last
week
Consumer
(3) Director-General shall be paid such remuneration as may be
determined by the Authority in consultation with the Minister.
(4) Whenever the Director-General is by reason of illness or absence
from Sri Lanka or for any other cause, unable to perform the duties of
his office, the Authority may, with the approval in writing to the
Minister, appoint some other person to act in his place, during such
absence.
53. The Authority may appoint such number of Directors, Deputy
Directors, Assistant Directors and other officers, servants and advisers
as are necessary for the performance of the work of the Authority and of
the Council, who shall be remunerated at such rates as may be determined
by the Authority in consultation with the Minister.
54. (1) At the request of the Authority, any officer in the public
service may, with the consent of that officer and the Secretary to the
Ministry of the Minister in charge of the subject of Public
Administration, be temporarily appointed to the staff of the Authority
for such period as may be determined by the Authority, with like
consent, or with like consent be permanently appointed to such staff.
(2) Where any officer in the public service is temporarily appointed
to the staff of the Authority the provisions of subsection (2) of
section 14 of the National Transport Commission Act, No. 37 of 1991,
shall, mutatis mutandis. apply and in relations to him.
(3) Where any officer in the public service is permanently appointed
to the staff of the Authority, the provisions of subsection (3) of
section 14 of the National Transport Commission Act, No. 37 of 1991,
shall, mutatis mutandis. apply to, and in relation to him.
(4) Where the Authority employs any person who has agreed to serve
the Government for a specified period, service to the Authority by that
person shall be regarded as service to the Government for the purpose of
discharging the obligations under such agreement.
Part VII General
55. (1) Notwithstanding anything to the contrary in any provisions of
this Act, the Authority may, if it is satisfied after such inquiry as it
may deem necessary that any person has contravened any of the provisions
of this Act or any direction given thereunder, in the case of the first
contravention, send to such person a warning in writing.
(2) A warning under subsection (1) shall be sent by the Authority by
registered post.
56. (1) The Authority may, for the proper discharge of its functions
under this Act, require the manufacturers, importers, distributors and
exporters of any goods or services -
(a) to maintain records in respect of such matters as the Authority
may consider necessary for the proper discharge of its functions under
this Act and in such form as may be determined by the Authority; and
(b) to furnish to the authority returns in respect of such matters as
the Authority may consider necessary for the proper discharge of its
functions under this Act, at such intervals and in such form as may be
determined by the Authority.
(2) It shall be the duty of all manufacturers, importers,
distributors and exporters who are required under paragraph (a) of
subsection(1) to maintain records, to preserve the records being so
maintained, for a period not exceeding six years.
57. (1) The Authority or any person authorised in that behalf by the
Authority may, by notice in writing requires any person within such
period as shall be specified in the notice, to furnish any information
or to produce any document as shall be specified in such notice, which
the Authority may consider necessary for the proper discharge of its
functions under this Act, and it shall be the duty of any person who
receives such notice to comply with such requirement within the time
specified in such notice, notwithstanding the provisions of any written
law which may prohibit such person from disclosing such information or
from producing such document.
Provided however, that nothing in this subsection shall be read and
construed as enabling the Authority or any person authorised in that
behalf by the Authority, by notice to require any person to furnish any
information or to produce any document, if the disclosure of such
information or the production of such document is prohibited by any
provision of any law providing for the imposition and recovery of any
tax.
(2) No information contained in a return furnished under section 56
and no information furnished or the contents of a document produced in
compliance with the terms of a notice issued under this section, shall
be published or communicated by the Authority to any other person except
with the consent of the person furnishing such return or information, or
producing such document, as the case may be, or in the course of the
discharge of its functions by the Authority.
58. (1) The Authority or any other officer authorised in writing on
behalf by the Authority may, for the purpose of ascertaining whether the
provisions of this Act or any regulation made thereunder are being
complied with, have the power on reasonable grounds and on production,
if so required, his credentials -
(a) to enter, inspect and search at all reasonable hours of the day
the premises in which any manufacturer or trader is carrying on his
business or any other premises where any goods are being stored or
exposed for sale;
(b) to seize and detain any goods found in such premises in
contravention of the provisions of section 16 or 17; and
(c) to inspect, take copies of or seize and detain any records or
documents required to be kept by or under this Act or any other law in
respect of such business.
(2) Any goods seized and detained under paragraph (b) of subsection
(1) shall be produced in court, and on conviction of such manufacturer
or trader, be forfeited and disposed of in such manner as may be
determined by court, and any money realised shall be credited to the
Fund of the Authority.
59. (1) Where any goods seized and detained under paragraph (b) of
subsection (1) of section 58, is of such perishable nature, as in the
opinion of the Authority render their immediate sale necessary or
advisable, the Authority shall give not less than three days notice of
the sale of such goods by an advertisement published in one Sinhala,
Tamil and English newspaper each circulating in Sri Lanka and thereafter
cause such goods to be sold.
(2) The proceeds of a sale under subsection (1) of any goods, shall
be credited to a special account to be maintained for that purpose by
the Authority, and where the person from whom the goods were seized is
acquitted or discharged subsequently by the court, the amount realised
from the sale of such goods shall be given to such person.
(3) Where the court convicts the person from whom the goods were
seized, the money realised from the sale of such goods and lying to the
credit of the special account referred to in subsection (2) shall be
credited to the Fund of the Authority.
60. (1) Any person who -
(a) fails or refuses to furnish -
(i) a return when required by the Authority to do so under section
56: or
To be continued
Flash
The Consumer Affairs Authority (CAA), the Coconut Development
Authority (CDA) and other relevant institutions had a meeting on May 29,
on the adulteration of coconut oil and it is learnt that most of the
coconut oil is adulterated with Palm oil and is unfit for human
consumption.
The CAA and the CDA and other relevant institutions appointed a joint
monitoring committee headed by Mohideen Bawa, Executive Director, CAA to
launch a strategy to raid the traders and manufacturers. The CDA agreed
to facilitate and to work together.
The CAA has the power to prosecute the traders but it is the duty of
the public to bring to the notice of the CAA about such traders. The CAA
is in turn, communicate, with the CDA and Bureau of Standards, Ministry
of Health and other relevant statutory bodies to implement the program.
We urge the public and the Consumer Associations to contact Telephone
2393496/2393577, Fax 2399148, E-mail [email protected].
Consumer Affairs Authority, CWE Secretariat,
Vauxhall Street, Colombo, 02.
Telephone No. 393577
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