Questions and Answers

Under packed soup cubes

Questions: I purchased five boxes of ‘Knorr’ chicken soup cubes on October 1, 2010 from a grocery along Kolonnawa Road, Wellampitiya. My wife who was preparing the children’s lunch opened one of the well packed soup cube boxes and found it to be empty.

On checking the other four boxes, my wife found two to be half empty and the other two empty. Only two out of the five boxes were full.

I immediately complained to the grocery salesman and to the Customer Care on 0112-629629, printed on the box marketed by Unilever Sri Lanka Ltd. My complaint was tape recorded.

I later purchased a fresh stock for my immediate use from the same grocery.

I still did not get a response for my complaint on phone No 011269269. I called Unilever Sri Lanka Ltd on 01148165165, again on October 3, 2010, at about 8.45am, the security who answered my call took down my complaint. Till October 14, 2010, I did not hear from Unilever Sri Lanka Ltd on my complaints. On October 14 a Quality Assurance Helper, from Unilever Sri Lanka came to my house to take those packets and gave me 12 boxes of Knorr Soup Cubes.

Since I wanted to take action through the Consumer Protection Authority I did not want to give the five boxes to the person who came to take them. If I handover those boxes there won’t be a case for me.

I was compelled to seek your assistance in this matter. Can I get compensation and damages from Unilevers’ Sri Lanka Ltd?

Unilever Sri Lanka Ltd had cheated me and collected money for a Quantity of Soup Cubes not enclosed in the ‘Knorr’ boxes.

Can I make a complaint under the Consumer Protection Act to the Consumer Affairs Authority and claim compensation and damages.

Please help me in this regard as this would help many more consumers too.

A Y L U Marikkar

Wellampitiya

Answer: These soup cubes we understand are packed on automatic machines and this happens though rarely. Only two boxes out of the five purchased by you were not full. According to you the Manufacturer had offered you 12 boxes as replacement and compensation.

However, you seem to have rejected this offer by the manufacturer in order to retain the packets to complain to the Consumer Affairs Authority. If your intention was to complain to the Consumer Affairs Authority we wonder why in the first instance did you complain to the manufacturer? The Consumer Affairs Authority office is at the First and Second Floor, CWE Secretariat Building, No 27, Vauxhall Street, Colombo 2. We doubt that the Consumer Affairs Authority will assist you to claim compensation and damage except to caution the manufacturer and offer you a replacement. You must establish as to what the damage you have undergone. Compensation of course was offered to you by the manufacturer which you have declined to accept.

Non remittance of EPF by employer

Question: I am employed at the National Paper Co. Ltd Valachchenai Paper mills. I write this letter not only on behalf of my self by other employees as well.

Eventhough our Company has been making deductions for EPF the contributions have not been sent to the Central Bank, since January 2008. Despite there being Laws to fine the errant employers who fail to contribute to the EPF it is surprisingly to see such employers even in the government sector like our institution.

As a result of these irregular practices of the employer we loose our hard earning as well as the accumulated interest annually. In spite of making many complaints to the Labour/Commissioner Batticaloa he turns a blind eye for unknown reason and seems to be not interested in this matter.

Therefore, we are seeking your assistance through your service.

Disgruntled employee

Answer: It is strange but true that certain Government or semi-Government departments are defaulters as per information provided by you and also available otherwise. Usually the employers are supposed to take up the matter of non-contribution to EPF and ETF by the employer, with the Labour office of the area of employment. However, in this case you have stated that despite numerous complaints, the Labour Commissioner, Batticaloa has not taken any action. May be he has tried and failed as your employer is under the Government.

Even if the employer pays a penalty which may not happen in the case of semi-Government employer, the employees obviously loose interest earning and do not anyway benefit from the penalty, unfortunately though.

We suggest that the employees as a group or even as an individual write to Labour Commissioner, Special Investigation Branch, 7th floor Labour Secretariat, Kirula Road, Narahenpita. If possible copy this letter to Labour Minister and the Minister under which your employer comes.

You can even write to the Secretary to the President of Sri Lanka. We also managed to contact the Labour office in Batticaloa and according to them, they have filed action for both non payment of gratuity for those who have resigned as well as non payment of contribution to EPF. Your Company has been mismanaged and there are no funds available for this purpose we understand.

Partition case

Question: There is a partition case pending in the District Court, filed in 1984 by the plaintiff and the first defendant, the vendees of half share of a land situated in a prime location, containing in extent of 110 perches.

This case was taken up for trial on 08.05.1991 and judgment delivered 27.02.1992 in favour of the defence on prescription.

However, the plaintiff appealed and the judgment was substantiated by the Court of Appeal on 03.11.2000.

By the time the brief was received at the District Court for the final determination, the defense lawyer had died.

Consequently the lawyer now handling the case has arbitrarily amended the judgment with the approval of a District Judge and registered in the relevant Land Registry.

This amendment includes the plaintiff and first defendant, both of whom were ousted, along with the next of kings of the deceased defendants.

“Does not this course of action to have issued a Commission by the District Judge concerned, despite the final decree tend to violate of the Proviso “Mandamus”?

In view of a “Heading” appeared in the Daily News August 21, 2010, captioned “Delays in Court hearings, Judgments and other complaints investigated.” I have sought early investigation by the Judicial Services Commission in accordance with my letter dated 09.09.2010 sent under registered cover, but with no acknowledgement so far.

Disgusted Litigant

- Colombo

Answer: This case you have brought up appears to be a peculiar instance where a District Judge in collision with an attorney-at-law has arbitrarily altered a decree of a higher court, according to what you have stated.

In a matter of this nature the judicial service Commission is not the authority at this stage to grant any redress. From what you have stated, if there has been an arbitrary amendment of a judgment, it amounts to a miscarriage of justice.

In such an unlikely instance, the affected party/parties could seek a remedy in the Court of Appeal for which purpose you may consult a competent attorney-at-law to file necessary papers in court to seek redress.

Sorry for the delay in answering your question as it had to be referred to legal experts for an answer, also there was no publication of this page on Thursday, November 18 which caused another weeks delay.

Premises at Himbutane Road, Mulleriyawa

Question: We, a family of nine members, have been tenants of the above premises since 1962 - period of 48 years. The first was my Father, then my mother; thereafter my brother in 1978, and I since 2004.

Being an excess house, it was vested on 13.01.74 under the Ceiling and Housing Property Act. However, the landlady’s husband said that they had sold the house and land to one X by deed No. 15242 dated January 10, 1974. His appeal against the vesting order to the Board of Review failed. However, he succeeded in the Court of Appeal on May 20, 1985.

Although X became the new owner, my brother continued to remit the monthly rental to the Housing Department as my late father had previously had an agreement with the Commissioner.

X filed a Case in the District Court on 31/01/86 for arrears of rent and to eject us. On 07/11/86, the judge ordered us to pay all the accumulated arrears, buy the tenants cannot be ejected under the law.

My brother complied with the court’s order; thereafter continued to pay to X - the new owner. In late 1992, the former landlady’s husband wrote to say the house and property had changed hands: he requested us to pay the rent to Y - their son. Even X refused to accept the rent.

The question of legitimate ownership cropped among us. Thereafter, my brother deposited the rent at the Pradeshiya Sabha Rent Board to X from December 1992.

In mid 1999, Y with his agents entered the premises illegally, demarcated a portion of the land (12.20 perches), demolished, the latrine standing on the said land and used by the successive tenants from the inception of the tenancy in 1962.

On our complaint, the Police ordered the offender (Y) to build a latrine which he complied with.

X said he never sold the said portion of the land to anyone at anytime and charged that Y had forged his signature to prepare a fraudulent Deed No. 2215. Hence he instituted a case in the District Court on November 1, 1999. His action was dismissed on January 29, 2002. Thereafter, he filed an appeal to the Court of Appeal against this flawed judgement. Upon his death, his wife’s name has been substituted for the appeal case.

My brother expired in January, 2004; it is my turn to bat, but I am helpless. I have been paying the rent to X’s wife for the last six years. She had told me earlier, she is not interested in the small rent and showed a willingness to dispose of the house. But, last June when I approached this subject, she did not respond positively.

This is where I need your valued help and guidance. Could I buy the house, offering her a reasonable sum of money? If not she has to keep on receiving the meagre rent eternally. What is my position if she sells the house to an outsider for a handsome sum of money?

Long-time tenant

- Colombo

Answer: Your long question goes to explain the tenancy you and your family has enjoyed over the said property for a period of almost 50 years. From what you have stated your current dilemma boils down to two options. The two options are firstly whether to purchase the property in question provided the owner is still willing to sell it, and secondly whether to continue as a tenant.

In regard to the first option a purchase of the property may not be advisable on account of the pending action before the Court of Appeal. Hence, you are left with second option that is to continue occupation of the property on payment of the rent. As to your legal status under the Rent Act in the event of the transfer of the property to a third party, we recommend that you consult legal opinion from an attorney-at-law.

Encroachment of land and erroneous deed

Question: I shall be thankful if you kindly answer the following question trough the Daily News? I bought a plot of land in 2007 and it is about 50 kms away and I visit the land once a year or so.

At the time of purchase there was an elderly woman in a corner of the land living in a hut given by the seller and I too out of sympathy let her live there as she promised to leave when I needed the land. She was there for about four years. But things changed and she quietly put on yellow clothes and appears to be a Dasa Sil Matha and with a help of a neighbour she is quietly converting the place into a “upasikaramaya”.

Actually she is working in two houses including the neighbours and looks after their children in exchange for meals. She does all that to earn a living on the pretext of being religious. She has planted a Bo sapling too in spite of my objections.

I consulted a lawyer to initiate legal action to eject her from the land. To my surprise the lawyer advised me that I have no title to the land. The land was gifted to three minors at that time keeping life interests for the parents.

In the meantime someone has filed a Partition case and the sellers father was made 1st Respondent and three minors as 4th, 5th and 6th Respondents, 1st Respondent’s wife as 2nd Respondent (mother of minors) and as 1st Respondent’s brother as 3rd Respondent.

The Plaintiffs share and the 3rd Respondent’s share out of the total land were allotted by the Decree of the Partition Case. Due to some reason or other 1st Respondent’s, 2nd Respondent’s 4th, 5th and 6th Respondent’s share of the land has been kept “unallotted” in the final Decree. In 2007 when I purchased the land the three minors became majors. First respondent’s father had died without a will and his wife and three children sold their “unallotted” plot of land to me.

There are no other claimants to the land except encroachers. The Notary who executed the Deed of transfer never advised me about this. Now Lawyers told me that I have no title to the land and therefore no action can be filed to claim title and evict the encroacher. I believe the Notary should have advised me against buying the land.

Please advise me how to get over this problem. Can I file action against the Notary and the sellers? I requested the Notary to correct the grave error committed by him through his negligence. But he insists that I should have the title but Lawyers say the opposite.

Now I am on the verge of losing the money and the land. The consideration in the deed is just the market value but I paid more to the sellers. In a damages case how much am I entitled to claim.

Jayantha Amarasinghe

- Peliyagoda

Answer: According to the description in your question you appear to be having two problems. Firstly, the encroachers on the property to which you are claiming title and secondly, as to whether you have an acceptable title to this property.

Your fist problem of encroachment cannot be resolved until your title to the property is sorted out. As regards the title you have stated that you purchased the property in 2007 from the partition case.

The 1st respondents wife and three children who are said to be the owners of the unallocated share in the partition decree.

Hence, it follows that you do not have title under the partition decree, but that does not mean that you have no title at all.

On the basis of whatever title you have, you can file an action in the District Court and move court to evict the encroachers.

As to whether the Notary who attested the deed in your favour is right or the lawyers you have consulted are right, is a matter for a court of law to decide in an action for damages as intended by you. We are not able to suggest any claim amount.

Lifetime Health Insurance Policy

Question: I would like to have clarification on the following matter to enable me to decide what further action I could take to obtain redress.

I submitted a proposal for a lifetime health insurance policy which was accepted by the Sri Lanka Insurance Corporation Ltd., Colombo on November 13, 2006.

At that time I was 67-years-old and the Policy was issued for a year on an annual renewable basis. Subsequently it was renewed annually up to 2009 and I was informed that the policy is not further renewable after November 2009.

I made an appeal to the Insurance Corporation on January 12, 2010 stating that I was not informed of an age limit in 2006 when the Insurance Agent canvassed this Policy heading of which itself is self explanatory ‘Lifetime Health Insurance.’

A photocopy of the Policy is enclosed for your perusal indicating seven terms and conditions and no where it is mentioned of an age limit.

Therefore, I am of the understanding that this policy should continue for my lifetime.

As at now I have requested the Sri Lanka Insurance Corporation to appoint an Arbitrator under Clause 6 of the terms and conditions and their action is awaited.

In the meantime I consider your advice would be most useful.

Daya Wijayaratna

- Gelioya

Answer: The Sri Lanka Insurance Corporation Ltd, has now changed the name of the above Insurance Policy to ‘Health Insurance Policy’. Although it was referred to previously as ‘Lifetime Health Insurance’ they refer to it as a Brand name and that it does not mean one’s life time.

However in order to overcome this misunderstanding they have now changed the name of the policy.

The Health policy they have is only up to the age of 70 years. Since you have reached the age of 70 their Health Policy does not cover you. They have covered themselves under Section 7 of the conditions. The corporation shall not be bound to accept any renewal of this policy.

You can go for arbitration only if the Corporation refuses to honour any refund or payment during the period of the policy but not for non-renewal of the policy.

In matters of Insurance you can complain to the Insurance Ombudsman at No. 143A, Vajira Road, Colombo 5. By any chance if you happen to be a professional and a member of professional association who is a member of the Organization of Professional Associations (OPA) there is a medical insurance policy available through the OPA up to the age of 80.

Registration of mopeds

Question: Whilst reading the CDN, I came across the OPA news item-copy annexed.

As I am also affected by the unfortunate amendment to the MT Act in December 2009, I desire to expresses my views on your valuable answer.

I agree that moped owners were fortunate all these years for having used the moped without registration etc as that of necessities for motorcyclists and this implies that they are now unfortunate after the said Amendment.

Who else benefits by this unfortunate amendment;

I am sorry, I do not agree with your honour when you mentioned “that registration of Moped brought in the past is without any hassle and adduce the following reason that exhibit their hassle or difficulties.

I went to the office of the CMT at Fort Frederick in Trincomalee I was asked to hand over the application to the dealer from whom I bought.

Accordingly, I went with the application together with the receipt for the purchase my photos and he wanted Rs 3,000 in advance and another Rs 1,500 to be paid when he hands over the number plate paid accordingly, in June 2010.

I reminded the dealer for three months and finally he requested me to obtain a certificate from the Grama Niladhari (GSO) certifying that I am the owner of the Moped residing in Trinco. This was handed over to him.

A few weeks later he wanted me to produce the certificate from the GN., (GSO) on the printed from certifying my character any residence. To avoid further delays, I also furnished an affidavit declaring to the above effect.

Then the dealer requested me to take the moped on a Wednesday to the office of the CMT and produce it to the EMV for him to certify the chassis number etc. Accordingly, I went to the CMT office at 9 a.m. and waited till 10.30 am when one officer requested me to pay a fee of Rs 75 a BOC and produce the receipt.

This was done by about 11 am the EMV came out to inspect and check the chassis not this he did in about five minutes. Later I waited to get back the application duly certified and by about 11. 30 am. I was able to return to the dealer and handed back all the documents for his necessary action.

Only god knows when I will be able to get my moped registered due to the unfortunate said amendment.

Sir, is there any hassle or no hassle in registering a vehicle bought several years ago.

Affected Owner

Answer: We are sorry for the delay in answering your question as we were awaiting a response from the Department of Registration of Motor Vehicles (RMV) and our contact there was out of the country for a week.

The Trincomalee office of the RMV does not have a computer link to the head office etc. It is handled by the examiner of Motor vehicles whose office is at the Trincomalee Kachcheri. We understand that as he did not have the facility to forward documents to the RMV office in Colombo and is not equipped to issue the registration number thus he may have directed you to this agent.

However, the Agent is not expected to charge any fee from you. Thus you seem to be an unfortunate victim.

The Examiner in Trincomalee has now been given clear instructions and was requested to contact any one who has made an application for the registration on moped and still ending.

As you have not provided your contact details will you meet the examiner at the Kachcheri and resolve your problem without any further hassle.

Loss of employment

Question: I was employed in Talawakelle Branch of M/s Walker, Sons and Co Ltd as a stenographer clerk from January 1, 1992 with provision of living accommodation in one of the quarters of the Company for staff.

The lands and buildings belonging to the Company were earmarked for acquisition for the Upper Kotmale Hydro Power Project, in anticipation of which and consequential displacement from employment, I was in search of another employment. Upon having secured a temporary employment in Colombo, though with lesser terms, I resigned from employment with the said company on 09.07.2001.

I could not find fall back accommodation immediately and therefore having locked up the quarters occupied by me, I left for Colombo to assume duties in my new employment.

Later, when I returned to Talawakelle to my quarters, I was shocked to find that it had been force opened by the then officer-in-charge of Walker Sons and Co. Ltd. with the aid of two employees of the Company and handed over the house to the authorities of the Upper Kotmale Hydro Power Project.

I was not paid any compensation either by the company or by any other State authorities for loss of employment on account of closure of business of the Company due to acquisition of its properties nor was I given any fall back accommodation under the Upper Kotmale Hydro Power Project, as provided to those displaced.

What remedy could I expect or entitled to and who should I contact in this matter for which clarification I would be indeed grateful to you.

Affected employee - Colombo

Answer: You have stated that you resigned from employment. Why did you resign as it is your employers who should have decided on the employees fate on account of the consequential displacement?

Your employer should have provided alternate employment or paid compensation for loss of employment. As regarding your quarters your employer may not have had a choice but to hand over the premises for the Hydro Power Project. The responsibility may have been on your part to vacate the quarters in time or at the time of your resignation.

The State authorities are not obliged to grant you any compensation or alternative accommodation as you did not own any land or property which was acquired.

However, they would have compensated your employer. Your employer is legally obliged to grant you compensation for loss of employment in addition to your EPF and ETF and Gratuity depending on the number of employees. You should make a claim for compensation from your employer through the Labour Office in Talawakelle or the nearest Labour office.

Since you are no longer living in Talawakelle and your employer is also no longer in Talawakelle you will be able to make a complaint to the Commissioner of Labour Industrial Relations Division, Labour Secretariat, Kirula Road, Narahenpita.