Writ filed in CA seeking prohibition of sale of gas cylinders

Thursday, 9 December 2021 00:24 -     - {{hitsCtrl.values.hits}}

  • Writ filed by public interest litigation activist Nagananda Kodituwakku 
  • Litro, LAUGFS, Ministers Bandula Gunawardena and Lasantha Alagiyawanna named among 10 respondents
  • Seeks interim order prohibiting gas cylinder sales until proper inquiry held
  • Writ alleges serious criminal offence that warrants imprisonment and payment of compensation to all victims and for property damage 
  • Seeks CID investigation two companies

A Writ petition has been filed in the Court of Appeal seeking an order preventing LAUGFS Holdings Ltd. and Litro Gas Lanka Ltd. from releasing gas cylinders meant for domestic use until a proper investigation is carried out guaranteeing the safety of the consumers to the satisfaction of the Court.

The Writ of Mandamus was filed by public interest litigation activist Nagananda Kodituwakku who is also the General Secretary of the Vinivida Foundation.

He cited 10 respondents, including Consumer Affairs Authority (CAA) Chairman D.M.S. Dissanayake, Sri Lanka Standards Institute (SLSI) Director-General Siddika Senarathna, CAA Former Executive Director Thushan Gunawardena, LAUGFS Holdings Ltd., Litro Lanka Ltd., Trade Minister Bandula Gunawardena, State Minister of Consumer Protection Lasantha Alagiyawanna, the Government’s Chief Valuer, the Inspector General of Police, and the Attorney-General.

The Petitioner states that investigations carried out at the request of the CAA by Intertek laboratory have revealed that the propane and butane composition in the cylinders were faulty and consumers have fallen victim due to the drop in safety standards.

The Petitioner states that there has been serious negligence on the part of the CAA and the SLSI in this regard, with gas cylinders continuing to be released to the market despite an order by the Minister of Trade to immediately suspend the distribution of LP gas cylinders.

He states that this poses a huge health and safety risk to the life and property of the consumers who are unaware of the danger in using the gas cylinders filled with a different formula that generates a significant pressure change that the valves fixed to the cylinders and fixing mechanism cannot cope with.

Hence, the Petitioner is seeking an interim order preventing and/or prohibiting the release of gas cylinders meant for domestic use until a proper investigation is carried out guaranteeing the safety of the consumers to the satisfaction of the court.

He is also seeking an order compelling the respondents to recall all gas cylinders already released for domestic use by the two companies, as well as an interim order freezing all assets belonging to LAUGFS and Litro.

The petitioner also requests the court to issue a mandate in the nature of Writ of Mandamus compelling the CAA and the SLSI to formulate health and safety standards for LP gas cylinders and to ensure that all LP gas cylinders released for household use are conformed to such stipulated standards.

He also seeks an order in the nature of Writ of Mandamus compelling the Attorney General to institute legal proceedings against the two companies distributing domestic gas or the commission of a serious criminal offence that warrants imprisonment and payment of compensation to all victims and for property damage, as well an inquiry by the CID.

He is also seeking an order to grant compensation to each victim’s family that has suffered loss of life, property damage, or both, due to criminal negligence of authorities and the gas companies to be borne by them in their personal capacity.

 

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