Consumer Affairs page

Waste not, waste

With the increase in population, particularly in the urban areas, solid waste management has become a serious problem, threatening the life of the citizen.

Sri Lanka has a population of 19.6 million, with a density of 298 persons per 01 km is of the densliest populated in AsiA. The population growth is 1.2%. The literacy rate is 96.7. In Colombo, the population has increased from 2.37 million in 1997 to 2.6 million in 2002.

Waste increases with economic development and that household waste generation varies between low and high income communities within the same city 600 tons a day in Colombo alone. This is more than twice the amount collected in all other towns.

Waste composition is most comfortable with only 10 to 12% recyclable. Whereas developed countries, 30-40% in recyclable.

Although about 81% in organic materials from markets and households, non-degradable metrics-plastic, and glass are getting into waste stream due to increase in electric goods as a result of the changes in lifestyle.

When Sri Lanka becomes more urbanized and the economy grows, waste generation is bound to increase and the composition less comfortable.

The existing system of solid waste collection consists of, door-to-door collections, communal storage and road-side collection.

Before the collection, the people resort to the bad practice of open dumping, this practice is a great threat to environment, contributing to environmental degradation and growing health problems; breeding ground to mosquitoes and the diseases they bring; Malaria, Dengue.

Open dumping creates an eyesore around major cities and tarnishes the image of the country and is a major national problem today. This is mainly due to the inefficiency of the collection and disposal of waste by the collection authorities.

There is no proper garbage disposal system. The primary collection from the roadside and the secondary collection where primary collections were dumped. This is double hurdling.

According to the National Building Research Organization of Sri Lanka, usual methods of treatment are not implemented. The reduction of waste produce, re-using and recycling are not implemented.

The biggest problem facing the authorities is the shortage of land to be used for landfill sites.

In this backdrop, the Solid Waste Management Strategy (SWMS) formulated in 2001 should be implemented. Still the waste management is a function of the local authorities in Sri LankA. The local authorities have not only failed in the function of solid waste management but also has been unable to deal with health and sanitation issues aggravated due to the environmental pollution from the urban waste.

In this context, the formulation of a sustainable waste management system has become a national priority.

The liberalisation of economy paved the way for rapid increase in commercial activity, and the advent of foreign investment necessitated the creation of a central organization for environmental management.

As a result, the Central Environment Authority (CEA) was created in 1981, which is responsible for making and coordinating activities with regard to environmental protection and management. The CEA is empowered to regulate, maintain, and control, the volume, types, constituents, and effect of waste or other sources of pollution.

But in the absence of an infrastructure, the CEA, I believe, is not able to enforce its powers.

So there must be a waste management authority.

Many government authorities - environment, power and energy, forestry, education and science are involved in doing research projects and surveys-sometimes half done. I suggest a coordinated approach to take this problem by forming a single body. The Central Environment Authority should be responsible for overseeing their work.

The proposed central body should be responsible for the day-to-day operations in waste management, forward planning, managing contractions, research on waste management, training, preparation of project proposals and facility studies monitoring waste collection and disposal, and seek funding from various organizations.

Maximizing local recycling and composting will reduce the amount to be used in land fill or to be incinerated and also will provide employment.

Designing a sanitary landfill is a specialized job but I can provide basic criteriA. In this industry, the excavations are called cells which are usually clay lined-one meter thick compacted clay, with a depth of 20-30 meters. The cell can be of any size. The cell is filled with waste layers.

Information technical aspects of this operation will be provided at workshops to be held shortly.

It is significant that landfill gas and other "Biomass" incineration technologies are cheaper to develop than solar or wind energy.

Piyatissa Liyanage, Chartered Engineer, United Kingdom.

How do the provisions of the Consumer Affairs Authority Act No. 9 of 2003 help you as a consumer

Are you a housewife/husband who is entrusted with the task of purchasing goods and other household items? In the course of such purchasing, have you ever been deceived by a trader? Were you mad enough about such a transaction and wanted to complain to someone in authority with a view to getting redress for the wrong committed on you? If so the place for you to complain is the Consumer Affairs Authority established under the Consumer Affairs Authority Act No. 9 of 2003.

A lot has been said about this Institution lately, although it has been in existence only for about three years; having come into existence on July 1, 2003.

The purposes for which this Act has been enacted is contained at the commencement of the Act and is stated amongst other things as the establishment of a Consumer Affairs Authority, for the promotion of effective competition, for protection of consumers, for the regulation of internal trade and for the establishment of a Consumer Affairs Council.

The Authority has the following as their objectives:

1. To protect consumers against the marketing of goods or provision of services that are hazardous to life and property of consumers

2. To protect consumers against unfair trade practices and guarantee that consumers interest shall be given due consideration.

3. To ensure that wherever possible consumers have adequate access to goods and services at competitive prices and

4. To seek redress against unfair trade practices, restrictive trade practices or any other forms of exploitation of consumers by traders.

Thus you can see that the Authority has protection of consumers against unscrupulous activities of any trader at heart and to grant consumers protection from such traders. Presently the Consumer Affairs Authority comprises 17 Members of the Board chaired by Mr. Sarath Wijesinghe, Attorney-at-Law as Chairman and Mrs. R.K. Jayasuriya, Attorney-al-Law as Director General. There are several Directors and a staff strength of about 117.

The most relevant sections of this Act from the consumer's point of view are contained in Sections 13 and 32 of the Act.

Under Section 13, the Consumer Affairs Authority is empowered to entertain and enquire into complaints made to it by a consumer regarding the production, manufacture, supply, storage, transportation or sale of any goods or supply of any services which do not conform to the standards and specifications set out by the Consumer Affairs Authority.

There is another provision of the Act which gives the powers to the Authority to inquire into complaints regarding the manufacture or sale of any goods which do not conform to the warranty or guarantee given expressly or impliedly, by the manufacturer or trader.

The word service here means service of any description which is made available to users (actual or potential) including banking, finance, insurance, shipping, entertainment, construction, production, manufacture, supply, storage, maintenance, repair, treatment, cleaning, processing or alteration of goods, the sale and supply of utility services such as electricity, water, gas, telecommunication and many more. Professional services such as accounting, auditing, legal, medical and health surveying architecture and engineering too have been brought under the purview of this Act.

Trader means any person who -

(a) sells or supplies goods wholesale to other persons

(b) sells or supplies goods at retail rates to consumers

(c) import goods for sale or supply

(d) provides services for a consideration.

According to the Act where any goods are supplied or any services are provided there is an implied warranty that the services will be provided with due care and skill, that any material supplied in connection with the provision of services will be reasonably fit for the service for which they are supplied.

There is also an implied warranty that these goods or services will conform to the standards and specifications laid down by the Consumer Affairs Authority. Another implied warranty is that the goods supplied will be reasonably fit for the purpose for which they are supplied.

Also if any goods are supplied or services provided and the consumer makes known to the trader the purpose for which the goods or services are required or the result that he desires the service to achieve there is an implied warranty that the services provided or materials supplied in connection with the services will be reasonably fit for that purpose or are of such a nature and quality that they might reasonably be expected to achieve that result, except where the circumstances show that consumer does not rely on, or that it is unreasonable for him to rely on the trader's skill or judgement.

With the above knowledge how would you set about, dealing with an errant trader?

The information leaflets issued to a consumer by the Information Division of the Consumer Affairs Authority, set out the guidelines in making a complaint and they are as follows:-

1. Inform the shop or any other Institution which supplied the goods or services which are found to be faulty, immediately. If you make the complaint orally over the telephone, please confirm in writing to the business place.

2. If you do not get any relief by informing the junior staff, go one step further and inform the top Management.

3. When you make the complaint, annex the copy of the receipt or of the written warranty given to you. You will now see the need to obtain a receipt with every purchase you make.

4. Before you make the complaint you must be satisfied that the defect did not occur due to your own carelessness or due to a lapse on your part.

5. You must start the letter appreciating the services of the Institution.

6. And then give a concise statement in chronological order about the incident and the damage or the fault.

7. Set out concisely the redress you are seeking.

The Council will investigate into this matter. If the Council decides after an investigation that the goods are being sold or the services are being provided at an excessive price the Council can recommend to the Authority the maximum price above which such goods should not be sold or the services should not be provided or the price structure in accordance with which such maximum price should be fixed.

This recommendation should be in writing. Once the Authority receives this recommendation it shall take steps to fix the maximum price above which the goods should not be sold or the services should not be provided and have it published in the Gazette. There is a right of appeal to the Court of Appeal against such an order.

Under Section 22 (1) Members of the public, association or organizations who wish the Council to investigate into a case where goods are being sold or services are being provided at an excessive rate, they can request the Director General to refer such matter to the Council.

On receipt of such a request if the Director General is of the opinion that it is a matter that should be investigated into by the Council, refer such matter to the Council for investigation. Here too the Council will have to conduct its investigation within two months.

The Council can be requested to make a determination regarding an anti competitive practice where the Authority has concluded its investigation. If it was requested to do so the Council has to make its determination within one month of it being referred to the Council by the Authority.

Under Section 38 of the Act, the Council can entertain an application made to it by any person or association of traders who had earlier made a complaint to the Consumer Affairs Authority, in the event the Authority decides not to make an application to the Council for a determination regarding the prevalence of an anti competitive practice at its conclusion.

In such an instance the Council can request the Authority to submit the report on the investigation and hear and determine such application if the council is of the opinion that there is sufficient material to warrant the Council taking up such application for a determination.

Punishment too can be imposed under the Act against persons contravening the provisions of the Act by filing action in Magistrates Court. These punishments can vary from offence to offence. Where punishment is not specifically laid down by the different sections of the Act the general punishments are as follows:

If found guilty, the Magistrate can impose a fine not less than Rs. 1000 and not more than Rs. 10,000 or to a term of imprisonment of either description for a term not exceeding 6 months or to both, in the case of a first offender. If he is convicted more than once he can be imposed a penalty of not less than Rs. 2000 and not more than Rs. 20,000 or to a term of imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

If the offender is a Company to a fine not less than Rs. 10,000 and not more than Rs. 100,000 if it is a first offender. If it is convicted more than once, a fine of not less than Rs. 20,000 and not more than Rs. 200,000 could be imposed.

There could even be forfeiture of the materials.

There is another important function that the Consumer Affairs Authority has undertaken. This is the registration of Consumer Societies. In addition the Authority has undertaken awareness programmes. These programmes are conducted with the help of the Divisional Secretariats.

The main functions of the Consumer Protection societies are to disseminate information whilst working with the officials of the Consumer Affairs Authority. It is hoped that in time to come consumers from far away places too can make their complaints to such Societies. At a later stage they can be made to perform and be entrusted with greater functions as are done in other countries.

The awareness of consumer related activities amongst the housewives and others is important. In Western countries and even in countries like India consumer protection organizations play an important role in consumer related issues and establishing market trends.

So let us, the housewives, get together and from ourselves into Societies in order to fight the unscrupulous traders. You can get more information regarding the Consumer Societies from the Information Division of the Consumer Affairs Authority.

Manel Wijesingha Kalawila, Secretary to the Consumer Affairs Council

Compiled by C.A. Samaradivakara

CAA plans to form apex organisation of Consumer Associations - CAA Chairman

The Consumer Affairs Authority has made arrangements to form an apex organisation of Consumer Associations on May 27, 2006 at the CWE Auditorium, 27, Vauxhall Street, Colombo 02.

The newly-formed Consumer Associations which are registered under the CAA Act No. 09, 2003 perform a yeoman service today in combating higher prices.

It is a basic human right to enable the consumer to purchase healthy food and quality services at a reasonable price. It is the paramount duty of the government to guarantee the realization of the basic rights of the citizen. It is the duty of the citizen to prepare the background to win this rights. The Consumer Associations are citizens organizations that perform this task.

Under the current CAA Act, the price control is implemented indirectly through the display of the price list, issue of receipts, and the sale of healthy goods and services.

When the consumer is unable to obtain the goods and services of quality and at a reasonable price, the CAA will provide redress to the consumer under the powers vested with it.

The themes of the Seminar on May 27 are raising awareness on alternative sources of energy and the formation of the apex organization. The Federation of Consumer Associations, Sri LankA.

The seminar and the inaugural meeting of the Federation will be addressed by the Minister Jeyarajh Fernandupulle, Sumedha Jayasena, Minister of Social Welfare and Women's Affairs, Pavithra Devi Wanniarachchi, Minister of Samurdhi Affairs, Deputy Ministers Mithrapala, Siripala Gamlath, Kingsley Wickremaratne, the Governor of the Southern Province, the Secretary to the Ministry, Dr. R.M.B. Rathnayake and Dr. Wickrama Weerasuriya, Dr. Jayatissa de Costa and Peter JayasekerA.

We cordially invite all concerned citizens, voluntary organizations and the general public to participate in this significant event and contribute their opinions. Application forms to form a Consumer Association can be obtained via 2445897/2393577/2399148, states Sarath Wijesinghe, Chairman, Consumer Affairs Authority in a release.

Consumer Affairs Authority Act, No. 9 of 2003

Continued from last week

46. (3) In any proceedings for the punishment of an offence of contempt which the Court of Appeal may think fit to take cognisance of as provided for in this section, any document purporting to be a certificate signed and transmitted to such Court under Subsection (2), shall -

(a) be received in evidence, and be deemed to be such a certificate without further proof unless, the contrary is proved: and

(b) be evidence that the determination set out in the certificate was made by the Council on the facts stated in the determination.

(4) In any proceeding taken as provided for in this section for the punishment of any alleged offence of contempt against or in disrespect of the Council, any member of the Council may be summoned or examined as a witness and any such proceeding shall be heard and disposed of within three months of the receipt of the certificate referred to in Subsection (2).

47. Every person who gives evidence before the Council shall in respect of such evidence, be entitled to all the privileges to which a witness giving evidence before a court of law is entitled to in respect of evidence given by him before such court.

48. The Council may determine the procedure to be followed in the conduct of any inquiry or investigation before such Council.

Part V

Fund of the Authority

49. (1) The Authority shall have its own Fund.

(2) There shall be paid into the Fund of the Authority -

(a) all such sums of money as may be voted from time to time by Parliament for the use of the Authority:

(b) all such sums of money as may be received by the Authority by way of fees or otherwise in the discharge of its functions:

(c) the proceeds from the sale of any goods forfeited under this Act:

(d) one-third of every fine imposed for the commission of any offence under this Act:

(e) all such sums of money as may be made available to it by way of grant or donations: and

(f) all such sums of money as are credited or transferred to the Fund under Section 59 or Section 73.

(3) There shall be paid out of the Fund -

(a) remuneration payable to the members of the Authority and of the Council:

(b) such sums as the Authority may consider necessary for the promotion, assistance and encouragement of consumer organizations and the administration and development of such organizations:

(c) such sums as the Authority may consider necessary for consumer education and the dissemination of information relating thereto, and for any purpose connected with or incidental to the furtherance of such education; and

(d) such sums of money as may be required to defray the expenses incurred by the Authority and the Council in the exercise, discharge and performance of its powers, functions and duties under this Act.

50. (1) The Financial Year of the Authority shall be the calendar year.

(2) The Authority shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Authority.

(3) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to and in respect of the audit of the accounts of the Authority.

51. The provisions of Part II of the Finance Act. No. 38 of 1971, shall, mutatis mutandis, apply to the financial control and accounts of the Authority.

Part VI

Staff of the Authority

52. (1) The Authority may with the approval in writing of the Minister, appoint a Director-General to the Authority (in this Act referred to as the "Director-General").

(2) The Director-General appointed under Subsection (1) shall be the chief executive officer of the Authority, and shall at all times act under the directions of the Authority.

To be continued

Questions and Answers

Q. Is there any specific provisions in the CAA Act to handle misleading advertisements?

A. Yes, under false representations by any traders who, in the course of a business, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services.

Q. Can you require the advertiser to substantiate any claim made in advertisement?

A. Yes.

Q. If the advertisers fail to have any proof of claims module, which would be deemed to be misleading, are you empowered to remove the offending advertisement.

A. Yes.

Q. Are you empowered to look into the "Copy Cat" branding and confusion marketing?

A. New entrants into a product category design the packaging of the new product to resemble, as closely as possible, the packaging of a popular brand, here intention is to create a confession. "Copy will design is a confession marketing tactic which is damaging to brands and consumers. Here consumers are being deliberately deceived, inducing them to make or purchase decision based on misleading information. Therefore, we can intervene.

Q. Recently transport tariffs have been increased and public outcry was very high. What do you have to say on this issue?

A. It is an essential need for the regulator's to communicate with the business, consumers and the mediA.

A regulators job is indeed quite thankless, especially in Sri LankA. Even the slightest increase in tariff on utilities invites heavy criticism from consumers and media, while the operators are not satisfied with the increase tariffs set by the Authorities. In deed, a public outcry is very often responsible for not allowing operators to raise their fares even if that is reasonable.

This can be harmful to the extent of stagnation in the sector and deteriorating the quality in service. As an Authority our job is not only to check on a price hike, but also ensure rates that would be fair for both consumers and operators. Also ensure that the sector grows and the quality of service improves. This has to be communicated effectively through media to stakeholders.

Q. How far has been the CAA successful in achieving the consumers education and restraint of competition.

A. The CAA goes on for way to recognise and ensure advocacy to make available

01. For the guidance of consumers, general information with respect to the rights and obligations of persons under the Act affecting the interests of consumers.

02. To persons engaged in business, general information with respect to their rights and obligations which falls within the ambit of law.

Consumer Affairs Authority, CWE Secretariat,
Vauxhall Street, Colombo, 02.
Telephone No. 393577