opa at your service

Questions and Answers

House unoccupied by tenant

Question: I live in Kundasale.

My tenant has locked up the premises and is away for more than one year. I reported this matter to the area Grama Sevaka and on his (GS’s) instructions made an entry with the Balagolla Police Station after a month.

I visited the Police station thrice, week after week.

I paid the entire water bill to avoid termination. I was late and the electricity supply had already been disconnected. I am worried.

I request your help.

N.H.G. Seneviratne - Kundasale

Answer: You have not stated whether you have a lease or rent agreement with the tenant. If so one has to see if the tenant has violated any of the conditions or not.

We presume that you have given this house on rent and that your tenant has been away for more than one year and is in arrears of payment of rent. If the rent has been paid regularly to date then you will not have any concern. If in arrears the procedure you have followed is correct. That is reporting to the Grama Sevaka and the area police. Ensure you have proof of these two actions such as Police entry number and date as well as Grama Sevaka’s acknowledgement of your written complaint. The next step could be for you to break open the house along with a policeman and occupy your house. Ensure the presence of the police when you break open the house.

Transfer of property sale proceeds to Australia

Question: Two of my children are permanent visa holders and living in Australia.

They have decided to dispose off their properties and after sale they require to convert the money into Australian dollars. I understand that there is no need to get the approval from the Exchange Controller, Central Bank to remit the money to Australia.

If so;

1 What is the procedure?

2 Whom to contact?

3 Limit for remittance

I shall be thankful if action is taken to present my case and your decision to taken Daily News OPA Service early please.

N P Shreshtan - Trincomalee

Answer: You have not stated as to when your two children migrated to Australia. If it was after 1988, they would have been allowed to take up to USD 150,000 on production of the Migrant visa to the Commercial Bank. If they have not taken the USD 150,000, then they can each take up to USD 20,000 every year from a blocked account in a Commercial Bank.

However, prior to disposal of the property they have to obtain approval from the Exchange Control Department of the Central Bank as they are now permanent residents of Australia. Similarly Central Bank approval will be required to transfer the USD 150,000. In the case of those who have taken USD 150,000 already, they will be allowed to transfer USD 20,000 per year from a blocked account. When you say blocked account it will be exclusively to transfer out annually and no further deposit, will be allowed into this account. Those who migrated before 1988 were allowed to take USD 10,000 only, such persons can now take only the USD 20,000 allowed annually.

Sale and purchase of shares

Question: On June 14, 2010 Seylan Merchant Shares traded as follows;

VWA Open High Low VWA

Previous today

Close - - - Close

Seylan 1.40 1.40 1.30 1.30

Merchant Rs 1.40

Therefore, on June 15, 2010 I have given a sale order to the person concern in my Brokers Firm before opening the trading about 8.50 a.m. to sell my Nos. 300,000 shares at Seylan Merchant at Rs 1.40 over the share. But this was traded at Rs 1.30 and proceed was credited to my account on June 21, 2010 at Rs 384,115.47 (less charges). Also I have not received the sale contract note too.

When I inquired from the person concern in my Brokers Firm on June 21, 2010, he informed me this was happened due to his part of mistake and he admitted this was his fault. But I am loosing sum of Rs 30,000 due to his carelessness. I am 67 years old person and only income is buying and selling of shares. I am also unable to bear this loss.

Although the person concerned admitted that this has happened due to his fault, otherwise, I have no way to prove this matter as I have given the sale order over the phone.

1. My question is why I have not received the sale contract note if it is a genuine mistake. The sale order given on the same day for other share. Contract was received in time.

2. What is the remedy to be imposed to prevent such a mistake in the future?

3. What is the confidence we have about the phone calls as there is no way to prove our talks as there are no recording systems in the Brokers Firm? (if person concerned not genuine in the Brokers Firm)

Your answer may help the public too in share trading.

Ravi Peiris - Ragama

Answer: The level of transaction or the volume of transaction at the Colombo Stock Market has increased by leaps and bounds in the last couple of years. As the number of transactions increases, the work load for brokers have also increased. Therefore, it’s time that the seller or buyer to take more care.

The younger generation of brokers may not be any systematic and also the speed at which the world and our stock market is moving it is a wonder that the mistakes are not so much. Sometime you find the brokers answering two telephone calls at the same time, one on the land phone and another on the mobile. Thus it has become necessary to put one’s request in writing, either by e-mail, SMS or fax message. This may be one way of avoiding mistakes.

You must appreciate that your broker has accepted his mistake but there is nothing that you can do about it you cannot expect the broker to bear your loss nor will his organization bear it.

As regards non receipt of the sale contract it puzzles us but we cannot do anything about it as you do not wish to disclose the name of this Company/broker. You may make a complaint to the management regarding the non receipt of the sale contract and insist on a copy. When you are in the share market gains and losses are all yours even if it is due to a mistake on anyone’s part.

Shortcomings in removal of pension anomalies

Question: Please find enclosed herewith the copy of my letter of 16-02-2001 sent to you for your observation. No reply so far, Hence the reminder. Had you published your observations, send me a copy of same.

The copies of he connected circulars of D/Pension are enclosed herewith. For your reference if necessary.

Kindly note that:

(1) My increased pension on 01-01-1997 after revision on this date is Rs 1,942.

(2) My increased pension on 01-01-2006 after revision is Rs 1,175/08.

What I want to know is whether I am not entitled for pension as per “E” or “F” of the chart shown in my annexed copy of the letter in terms of the annexed circulars.

K Sellthruai - Kaitadi, Jaffna

Answer: You don’t seem to be a regular reader of the Daily News paper. Your letter of 16-02-2010 was replied in the Daily News Paper-OPA At Your Service page on Thursday May 13, 2010. The delay in replying was the queuing up system. At that stage we had a long back log due to the number of question received per week being 10-15 where as we could publish only 6-7 Questions and Answers per week. In fact there was an unfair and wrong observation made by a reader from Kandy regarding our answer to your question and another Question and Answer also regarding revision of pension.

This too was replied in the Daily News paper of Thursday June 24, 2010. Please read both these papers in response to your question.

Redress for delay in issuing my NIC

Question: All the hand writing of my previous National Identity card, No.531731212V was unclear. So I handed it over to the GS at Ingiriya with all the required documents on November 20, 2009 in order to obtain a new NIC and he issued me a receipt No.cc 084707.

However, though more than eight months has lapsed, the new NIC has not been issued to me so far. Please inquire into the matter of this delay to issue it and remind the relevant officials to issue it without further delay.

Upali Kaluarachchi - Ingiriya

Answer: It is almost eight months since you handed over your NIC renewal application to the GS. Even if we allow one month for our application from the GS Ingiriya, through the Divisional Secretary to Registration of Persons Department it has taken more than 6 months for the NIC to be issued.

The department claims that they usually take about 3 months. Our advice to everyone who applies for the NIC is to follow it up if not received within six months.

We contacted the Commissioner regarding your case and he stated that it should not have been delayed so long unless there was a query or question. We had to give him time to check up the reason and he confirmed that there is no problem with your application and that within the next two days they will process it and dispatch. You may allow another two weeks as it has to come to GS-Ingiriya through the Divisional Secretary’s office and check with the GS. Since information from the time of recept of the NIC application at the Registration of Persons Department is computerized, anyone could telephone and find out the status generally after 3 months if not received. The telephone No. 2508022, 25833199.

Transfer of vehicles

Question: Its with great annoyance that intend forwarding this letter to the Commissioner General of Motor Traffic through your valued services hoping that I could have a good explanation with regard to the weighty errors in correspondence to applicants.

On May 18, 2010 I had sold and transferred my vehicle bearing No C J 00602 and accordingly forwarded the necessary documents i.e. the MTA 6 and 8 form for a One Day Service and was able to get the registration done the same day with no hassle whatsoever.

However, on July 3, 2010 I received a letter dated 22-06-2010 from Motor Traffic Commissioner General by registered Post confirming the transfer of this said vehicle. But what is really so unacceptable in this letter is the way the Envelope had been addressed to me and my name in the transfer confirming letter along with the incorrect address of the person to whom I had transferred the vehicle.

My correct name and address M.A.J. Samath 8/18c, Bebila Road, Kahatapitiya, Gampola

The name and address in envelope M.L.J. Saman 8/18c. Bebila Road, Kahatapitiya

On the envelope my initials and name incorrect and the City not stated i.e. Gampola and I was so astonished as to how this letter reached me with no City name. Just imagine if this envelope had contained some other vital documents like the Driving Licence or other and if this was to have misplaced with incorrect name and address. And the consequences I or even other applicants will have to encounter.

My name completely incorrect as it was M.L.J. Saman instead of M.A.J.Samath. Its just beyond imagination as to how correspondence and other documents are handled at the Motor Traffic Department with an heavy employee force of well experienced staff involved under Motor Traffic Commissioner.

And the address of the person to whom the vehicle transferred was also incorrectly stated i.e. instead of No 55, Kuruambemuduna, Narampanawa, it’s stated as No 45, Kuruabepitiya, Narampanawa.

I would like to emphasize the cost one applicant will have to meet upon receiving incorrect vital documents i.e. wasting his/her precious time for waiting, specially for long distance applicants calling over all the way to Colombo thus involving the cost of transport and many other tribulations etc.

Attached Copy of letter from the Motor Traffic Department dated 22-06-2010 and the envelope for your kind perusal.

M A J Samath - Gampola

Answer: We do agree that it is a serious problem when there is an error with the Registration or Transfer details of a motor vehicle. One will face problem with not only the Traffic Police but worse in case of an accident. Also insurance and licensing etc become a problem. The documentation in the Motor Traffic Department is usually checked by an officer after preparation. Especially attention is paid to the names of the transferor and the transferee. We have sent a letter to the Commissioner General of the Department of Motor Traffic regarding your complaint along with copies of relevant document, a copy of which has been posted to you. We trust our letter will receive prompt attention. The previous Commissioner General was very helpful to us but we are yet to make contact with his successor.

Unlit Street Lamp Kohuwala

Question: At last due to the OPA’s untiring effort the street lamp is now functioning. What a great service your organization has done to cater to the sick, poor and aged patients, from distant places off Horana and Homagama, who in the early mornings walk past this section of road to seek treatment at the Specialist/clinic at the Colombo South Hospital, Kalubowila.

Concerned citizen - Nugegoda

Answer: We are happy that your street lamp has been fixed at last after several promises given by the Electrical Engineer of the Dehiwela Municipal Council.

Although the purpose of the OPA At Your Service is meant for assistance to the public on professional matters, we did assist you as we understand that there is no one you can go to when the Municipal officers don’t take action. We too had to make repeated request to these over confident officers.

Damaged Identity Card

Question: I obtained my Identity Card in 1974. At that time I did not submit my birth certificate. In my NIC - my date of birth is 19.3.1936, but in my birth certificate my date of birth is indicated as 18.04.1936. Therefore, I will be grateful to you to advise me to get new identity card. My present identity card is spoilt and not visible.

S. Weerasekera - Colombo 5

Answer: If your National Identity Card (NIC) is damaged, you can apply for a new NIC. You can also take this opportunity to get your date of birth rectified.

You must meet the Grama Sevaka of your area and request for form No. eight issued by Registration of Persons Department. You can fill the form, inserting the correct date of birth and hand it over to the Grama Sevaka along with your old NIC, new photographs (5 Nos.) and your birth certificate. The G.S. will hand over back to you a part of the application form with a number as acknowledgement of your application. The G.S. will forward your application through the Divisional Secretary to Registration of Persons Department. You must keep this acknowledgement slip carefully for follow up of your NIC and to show it to Police or Security Personnel when required. After about 3 month’s you must check up with the G.S. and if not received, then directly with the Department regarding the status of your application. Do not fail to retain photocopies of your old NIC and your Birth Certificate.