Sarath Wijesinghe former Chairman consumer Affairs Authority Sri Lanka , former Ambassador to UAE and Israel, Presidents Counsel and Solicitor in England and Wales

Ombudsman

Ombudsman system is prevalent world over for convenience, clarity, efficiency in place of complex litigation used in many areas on Administration, Finance Legal Services Insurance Medical and many other areas and sectors, worldover especially in the west when business deals are active and alive. Ombudsman appointed by the State or private is a person accepted and respected by the parties concerned and the world as impartial, learned, clean and reputed for all parties to accept the decision expected to be given family and impartially after having heard or read the documents and representation orally  or in writing at a venue amicable agreed upon by parties on the given subject and the disputed  deliberations. Services of this Good Office is invited when there is a dispute or requirements for clarity or decisions of disputed areas to the satisfaction of all the parties. As in many instances we tend to look for British or Western model as a precedent as a system practiced successfully especially in the business world and many other areas world over. Consumerism in Sri Lanka is in the lowest ebb and needs rejuvenation and drastic exchanges to bring it right in the right direction to ease the consumer suffering in silence without an organized consumer regime as in other parts of the world. in all direction making difficult to make ends meet. Indian consumerism and Ombudsman scheme is working well with the establishment of Consumer Courts and updated legislative mechanism unfortunately lacking in Sri Lanka with a lame and outdated act that is introduces in 2003 with no changes to date when we are in door steps of ‘AI’  age. It appears that the expected change  is immediate and imminent in consumerism for a better day for the consumer for consumer items and services of quality at the reasonable and affordable consideration.

Ombudsman system in operation  in UK EU and the rest of the World

History of the Ombudsman runs back to 221 BC to China 1809 Sweden and established in the west in order to resolve administrative matters in a more amical be way to ease the responsibilities of the King and the administration and give quick relief to the people that developed to the current form in UK, EU, and many other in a more organized way. There is a Parliamentary Ombudsman in UK and Sri Lanka in operation in a different way when the Parliamentary Administrator is set up under article 156- 41 (c) and act no 17 of 1981 and 1994. To access the Ombudsman in Sri Lanka the aggrieved party is bound to go through the speaker of the Parliament when it is convenient in UK by website or contacting directly for redress. It operates in EU and other countries   countries and many parts of the world in a different way, and the fact that it is in existence in China in 221BC indicates indicates that the system has been widespread and used by stats long time for various purposes. The unique aspect of the model is the ability to use in any kind of system of governance whether a dictatorial  or a democracy adopted to suit the situations. In Britain the ombudsman system is function satisfactorily in Rail, trade associations,Insurance sector,Banks ,energy,health, Pension, Legal Services, Pension,and many others whereas in Sri Lanka apart from the Parliamentary ombudsman incorporated in the Constitution the financial and insurance ombudsman system was in operation and it is doubtful whether it is still in operation which appears not to be  successful and effected as expected by legislation and practices in other countries. The offices of financial and insurance ombudsman seems to be not in operation and no further steps have been taken to explore the concept which is effective and successful in other parts of the world.

Why Consumer Ombudsman for Sri Lanka ? and way forward

Consumerism and the consumer activism and the main regulator CAA and the price control and regulatory procedure unfortunately a failure due to lack of proper vision leadership and legislation which is outdate and requires immediate and drastic changes to need the current demands of the citizen pressed with the excessive pricing regime and lack of control and regulations to control the prices of consumer items and services. Until then an Ombudsman could be appointed by amending the act no 9 of 2003 or incorporating regulations under the act that allows to incorporate new regulations. Ombudsman process is simple cost effective and accessible   if applied properly as in UK that manages on the website unlike on a long process in Sri  Lanka to access Ombudsman via the Speaker of the Parliament. The inquiries at the CAA is accumulating and there is a delay in drafting new legislation and Ombudsman system could be an assistance to the governance at no cost as the position could be linked to the existing legislation with minute changes to legislation.Ombudsman system in cost effective, quick accessible, and effective if it links with mediation legal board consumer associations and the CAA with fierce and active programs on consumer education, to bring about the aspired ‘CHANGE’ to the citizen for consumer items and services of quality at the reasonable and affordable price. (Sarath Wijesinghe PC sarath28dw@gmail.com)