OPA AT YOUR SERVICE

Questions and Answers

Internship for foreign qualified doctor

Question: My question is about internship done in teaching hospitals where the Doctors graduated?

What is the Policy of the Sri Lankan Medical Council regarding internship of foreign medical graduates?

My son graduated from university of LEED UKS did his internship there and now working in England.

He wishes to sit for the Act 16 Examination. Will he have to do the internship again? After passing the Act 16?

A R Abeysinghe

Colombo 5

Answer: If your son has done his internship prior to April 2010, there is a chance of his being exempted from internship again in Sri Lanka. All those who do their internship in hospitals overseas after April 2010 will have no option but to do it again in Sri Lanka.

Your son has to apply to the Sri Lanka Medical Council (SLMA) for approval of his overseas medical degree and to register for the Act 16 examination on the application form available for this purpose at the SLMA. He could also apply for recognition of his internship overseas (If prior to April 2010). The Committee of the SLMA has to accept his internship in order for him to obtain exemption from local internship consequent to his qualifying at the Act 16 examination.

Interest payment at finance

Question: I am a regular reader of your column "OPA at Your Service appearing in Daily News on Thursdays. I admire and appreciate the excellent service rendered by you to the public.

However, I was indeed surprised to read your reply to Ranjith de Silva of Colombo 8, on the above subject appearing on October 14. Simply because some errant Finance Companies have avoided paying the capital and interest to their Clients, is it proper to suggest that RdeS is fortunate that he got at least a part of the interest due? You must not forget the fact that, unlike the "Sakvithi" type rogue Finance Companies who collapsed in the recent past, The Finance Co. PLC. Is a long established Finance Company, properly registered with and regulated by the Central Bank. They are at present managed by the prestigious Merchant Bank of Sri Lanka. They also continue their operations and accept deposits from the public.

As such, they should operate their business activities strictly complying with proper legal norms. In the past, when interest rates were escalating almost on a monthly basis, they paid interest at the rates agreed at the beginning of the FD and not at the escalating - rates to the nearest end of month. Why now a different basis?

It appears, that your reply gives all Finance Companies an open licence to carry out their activities in any ad hoc manner which they deem fit, disregarding what their legal liability is, as agreed and confirmed in he Deposit Certificates issued by them.

I opine that you should provide a specific reply giving relevant aspects as to non payment of interest at the agreed terms, disregarding what other errant companies did in the past. Should TFC PLC pay interest at 17 per annum as agreed by them? Is it correct for them to pay an "Interest to the nearest end of month" at fluctuating rates? Should the revised rates of interest be applied during the currency of the deposit period or at the beginning of the next renewal? If an aggrieved customer wishes to report the matter to either the Central Bank or the Ombudsman, what is the procedure?

Mervyn Mendis

Moratuwa

Answer: What you have stated is correct that a registered Finance company should operate their business activities strictly complying with proper legal norms. Interest should be paid at the agreed rates until the next renewal period. This will be so under normal circumstances but when a financial institution is unfortunately in trouble even if caused by mis-management what alternative do they have. They can declare bankruptcy and go into liquidation. In which case what will the depositors' get? Instead they can take corrective measures and try to survive.

In this case the Central Bank has intervened and handed over the Management to the Merchant Bank of Sri Lanka.

As survival measures they are reluctant to release the capital and also they have lowered the rate of interest. It is in the interest of the depositors also that these measures have to be supported for survival and thereafter full recovery to the original status. A grieved depositor can complain to the non-banking supervision Department of the Central Bank of Sri Lanka or to the Financial Ombudsman at No. 143A, Vajira Road, Colombo 5 in the cases if registered Finance Companies. You may forward a written complaint providing all relevant details.

Redress for aggrieved person

Question: I annex herewith an appeal sent to the Elders' Maintenance Board. No 150A Nawala Road, Nugegoda dated 13-10-2010, I shall be most grateful, if you can kindly give me a solution to the incidents highlighted therein as they are, criminal intimidations, emotional abuse and humiliatary conduct according to section 483 of penal code. And the action by the doctor in the story given below:- Since I use to say that the party concerned has symptoms of a psychiatric patient (as highlighted in the annexure).

They in turn tell me the same thing of me and got my younger brother-in-law who wanted all to go to a psychiatrist, which I promptly agreed thinking that the relevant person would also be treated.

We were taken to a friend of his (psychiatrist to whom he takes his son who is a psychiatrist-pt.) I was asked to stay out and he who (My bill) gave a long harang which others have narrated to him-all hallucinations. Doctor without asking me a single question issued a prescription with psychiatric drugs but the other party concerned never consulted. I wonder whether this action is in keeping with norms and ethics of a doctor.

I keep to myself no one talks to me. At the moment I am an arthritis patient. Hence I am not in a position to come personally.

Aggrieved person

Answer: Yes the Elders' Claim Board at Nawala Road, Nugegoda involves itself mainly under the Elders' Law No. 9, of 2000 whereby it assist elders to obtain maintenance from the children. They will not assist in problems of your nature. If you are being ill-treated and as an aggrieved person your case will be "under the Prevention of Domestic Violence Act No. 34 of 2005.

You can complain to the Legal Aid Commission and seek relief. You can call the Legal Aid Commission Disabled Unit at the Head Office on Tel. 011-2433618 or 011-5335281 for assistance or you can call the police on 118 or 119 and make a complaint. The disabled Act No. 28 of 1996 and the disabled laws and regulations also have provisions to safeguard you.

If you strongly feel that you do not require psychiatric treatment you may refrain from taking the medication. As for the doctor who is supposed to have treated you on hear say, if you wish you can complain to the Sri Lanka medical Association at No. 6, Wijerama Mawatha, Colombo 7 but this will be complicated for you as you have to provide an affidavit and so on.

Fate of Human Resources Development Co-operative Bank

Question: I have made a fixed deposit of Rs. 17,000 as per receipt No. 14636 on June 23, 2004 at Human Resources Development Co-operative Bank Society Ltd of Sri Lanka at Galaha Branch for a period of one year at 16 percent interest per annum. My Account No. 3522-12.

I understand that the above mentioned Bank Society is not in existence and I am unable to find out any information regarding the fate of my deposit - either to withdraw or to deposit.

I have also opened up four individual children's Savings Pass book in respect of my children with the same bank on 23-04-2003.

Since the Human Resources Development Co-operative Bank Society Ltd is registered under the Co-operative Development Department, I sent a letter dated January 20, 2010 under registered cover addressed to the Director/Manager, Co-operative Development Department, 32/1, Makan Markar Mawatha, Galle Face, Colombo 3.

As I have had no response from them please let me have your advice through the Daily News OPA at your service page as to what I should do.

Your assistance and advice would be greatly appreciated.

R Sivalingam

Deltota

Answer: Sorry to say that we are not able to bring you any good news. This Bank and its branches have all been closed down due to a liquidity problem caused by mis-management. They were unable to recover loans granted using depositors money.

The Co-operative Development Department has taken over a process amounting to liquidation. We understand that there were newspaper advertisements to this effect in the Lankadeepa and Dinamina papers on January 20, 2010, coincidently the same date on which you had written to the Co-operative Development Department. When contacted, the Co-operative Development Department made us understand that they are in the process of part refund to depositors.

The order of refund is for depositors of higher amounts and even the percentage of refund reduces with the level of deposit from around 25 percent downwards. Those whose deposit is below Rs. 100,000 will be about 5 percent we understand. All those who have written in have been registered though no individual acknowledgments have been sent. There may be refunds after the first round of refunds depending on money availability and recovery. You could contact on Tel. 011-5231117 for further and specific details.

Charging fee to close bank account

Question: I opened a Savings Account (No. 006107001711) at the DFCC-Vardhana Bank, Kandy, and deposited some money as and when I had money. But as I faced some financial difficulties I had to withdraw all the money leaving only Rs. 500 plus which they did not allow to withdraw. As my financial position was very bad I thought of taking the balance money even after the closing of the account. But when I informed the Bank of my intention they refused to pay me anything saying that they charge Rs. 500 to close an account.

This is very unreasonable and it was the first time that I heard about such a fee in my lifetime. (I am 67 years old now) Therefore would you kindly look into this matter and see whether it is possible for them to do such recoveries from bank accounts.

R J H Ekanayake

Wattappola

Answer: You are correct in saying that Bank should not charge a fee for closing an account especially a Savings Account as in your case. We contacted the Manager of DFCC Vardhana Bank, Kandy Branch and she confirms that there is no charge for closing your account. If you have an ATM you can withdraw the entire balance but the bank may debit your account for not having a minimum balance as stipulated. Some one in the Bank may have been trying to persuade you not to close your Savings account but miscommunicated their intension to you.

You have every right to close you account and withdraw your entire balance. If you have any problem you should meet the lady manager to whom the OPA has already spoken. She undertook to help you to close this account.

Attention of Public Utilities Commissions

Question: The Public Utilities Commission should pay its immediate attention to the cable Lines drawn by unauthorized persons over the electricity supply poles throughout the city of Colombo and other Provincial Towns.

These illegal cable lines are drawn over the electric posts, SLT telephone posts and over the roofs of residences by local agents of the Cable TV Channel providers with licence from the government.

These unauthorized Local Agents carry their Aluminium ladders on motor cycles, which is also a danger to other road users including pedestrians. They go at night too. These men climb on to electric posts not only during the day time, but also in the nights when their customers complaints of unclear pictures or some difects, they draw their TV cable lines, which are danger to the people, as if any such Cable Lines get intact with the live electricity supply cable it would be the most dangerous act.

It would be too late by the time the authorities concerned open their eyes after loss of valuable human life. Therefore, the authorities specially the Public Utilities Commission of Sri Lanka, which has wide powers conferred under the Sri Lanka Electricity Act, No. 20 of 2009, should act fast and put a stop to the drawing of the Cable TV Lines over the electric posts and or across touching the LT lines, in the interest of the innocent public and safeguard everyone.

The authorities with powers to stop acts of any type of activities that would be danger, turn a blind eye even if they come across of such activities are taken place. The Public although they know the effect and the danger of such works are unable to do anything as men engaged in these works appears to be tough type persons with connections with people of different walks of life.

It would be appreciated, if the OPA could provide its services to protect the innocent people from the dangers of these Cable TV lines drawn as stated above and also to monitor and take action to put an immediate stop to the climbing on to electric posts during the night.

Marikkar Via e-mail

Answer: The same matter was raised by you previously and you question as well as our response was published on Thursday 30th September 2010 under the heading "Erecting of Cable TV Lines".

We appreciate your civil mindedness but are unable to take any action. According to our information one of the cable TV providers in Colombo appear to have used their own posts (metal) and drawn their cable lines. Although there are cris-crossing of several cables we did not observe any TV cable tied or fixed on the lamp posts or any SLT posts.

We suggest you send a letter directly to the Public Utilities Commission if you wish with a copy to OPA stating the name of the cable TV provider and instances or places where you have observed such abuse. As to carrying ladders on motorcycles it is a risk that the persons concerned takes and it is only the Company or the police who can do something about it.

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 you complained to the manufacturer. The Consumer Affairs Authority office is at the 1st and 2nd 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 to offer you 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.

Teachers Grade

Question: I refer to my letter dated June 12, 2010 to you. I raised a few questions regarding my service as an English Teacher and the failure on the part of the Akuressa Zonal Education Office to place me in the right Teachers Grade.

In the first place, I would not know whether my queries were answered as I was not away from home and missed reading the Daily News. If my queries had been answered, please keep me informed of the date on which the answers appeared in the DN.

I understand that you are not in a position to answer Queries individually: But, I am placed in a position where I am desperate to get to know the outcome. If my Queries had not been answered would you please take steps to enlighten me on the issues raised so that I would be placed in a position to know what I ought to do to follow it up further.

I am extremely sorry if I have caused your esteemed association any inconvenience.

M I Mohamed Ansar

Answer: Your question of June 12 was answered in the Daily News-OPA at Your Service Page on Thursday, September 2, 2010. We quote our answer below. Quote "we are sorry for the long delay in replying your question as it is a complicated case and we had to try several sources to help you. Unfortunately we were not successful in solving your problem as the authorities are blaming your regarding this. One high officer in the Ministry of Education pointed out that as responsible teacher you should have obtained your leave extension. It is your responsibility to get your leave extended rather than relying on the Sri Lankan Embassy to obtain your extension of leave. You have to now get the assistance of the Foreign Affairs Ministry to get your leave ratified by the Southern Province Zonal Education Department.

Also you have no alternative but to approach the Southern Province Zonal Education office to recognize your Education Diploma, your period of service and your entitlement of allowance. Suggest you forward a letter with all the detail and copies of proof to the Southern Provincial Education Director office and follow it up. If you forward a copy of such a letter to us, we also may be able to follow up. First you must get the facts, corrected with references to the warning letter for the unauthorized leave.