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It is both inconceivable and incomprehensible that laws are applied selectively in a democratic society where the Constitution itself postulates that all are equal before the law and are entitled to equal protection of the law. When such selective application applies to individuals the norms of justice stand violated.

When such violations relate to larger groups or communities additionally it has more widespread impact on the community at large. At a time when people are reeling under the cost of living and facing the impact of the COVID-19 pandemic, every increase in the additional budget of a household becomes intolerable.

Therefore it is the duty of the State to control what is within its powers and manage matters which it cannot regulate to ensure these matters have the minimum impact on the long suffering people. When people protest against matters affecting them, the State agencies are quick to arrest such protestors and produce them in Court.

Sadly the same degree of urgency is not seen in the case of the Sugar Scam, which is said to have caused a loss of nearly Rs 16 billion to the State coffers, or the Litro Gas scandal.

The latter is a continuing scandal with the Consumer Affairs Authority (CAA), which is empowered and legally required to look after the interests of consumers, not taking action to protect consumers.

According to news reports Litro Gas Lanka Ltd has unilaterally, and without the authority of the CAA , introduced to the market a new cylinder of the same size as the regular cylinder, which contains 12.5 Kg of gas, labelling it as premium. However the new 18 litre cylinders contain a lesser quantity of gas.

According to these reports Litro Gas is withholding the original 12.5 kg cylinders from retailers and only supplying the new premium cylinder. Consequently the unsuspecting people are mislead into buying the new premium cylinder under the impression that they are purchasing the original 12.5 Kg cylinder. The net result is that this amounts to a price hike of gas without the consumers knowing it.

The CAA has been dragging its feet on this matter. After a great deal of back and forth within the organisation, the CAA recently decided to take legal action. However, as far as the people are aware, no legal action has been taken so far.

In the meantime  a comprehensive and well researched report on the subject by Nirmala Kannangara in the Daily Mirror of June 18, draws attention to the aspects of physical safety of users of the new premium cylinder.

The Daily Mirror report refers to complaints of leaks in the cylinders giving rise to concerns with regard to the safety of consumers. According to the report, at a meeting of CAA and Sri Lanka Standards Institute (SLSI) officials with Co-operative Services, Marketing Development and Consumer Protection State Minister Lasantha Alagiyawanna, SLSI Director General Siddhika Senaratne is alleged to have said that the SLSI had received complaints that the valves of Litro Gas cylinders were leaking.

The Daily Mirror report quotes an unnamed CAA official who said this could be as a result of the change in the gas composition.

According to an unnamed expert quoted by the Daily Mirror, because Sri Lanka is a tropical country, the composition of LP Gas should have a lower percentage of propane and a higher percentage of butane.

According to the expert “All these years the composition of propane and butane gave a ratio of 20:80 respectively. But recently, to increase the price of a cylinder, Litro Gas introduced a new ratio which is approximately 50:50. This is dangerous as there is a possibility of an explosion occurring,” he said.

The CAA needs to get its act together to protect the consumer from profiteering and being exposed to danger. While inquiries and investigations, with regard to what action can be taken against any transgressions of the law can take time, as a short term and immediate action the CAA should take immediate action to direct Litro Gas Lanka Ltd to withdraw all the premium cylinders from the market until a full inquiry is conducted to determine how a unilateral decision was taken by Litro Gas Lanka Ltd to market a new product without the approval of the CAA.

In fact the seriousness of the situation has been highlighted by CAA Executive Director Thushan Gunawardena. In an email to the CAA Chairman and Board of Directors he pointed out that the work of  the CAA has been paralysed by not instituting legal action against Litro Gas Lanka Ltd.

The Daily Mirror report quotes Mr. Gunawardena’s  e-mail dated May 11 as follows: “As we all know Litro Gas has demonstrated scant regard to your order given on April 20 by not withdrawing the 18L cylinder. This proves yet again that we, the CAA, are paralysed at the hands of the likes of Anil Koswatte as he has shown that he stands a tall way above the regulator. I therefore respectfully advise you to either institute legal action immediately against Litro Gas as per the CAA Act or get a direction from the Hon. Attorney General on what action the CAA ought to take in the event its directions are ignored. As I firmly believe we are in contravention of the CAA Act and continue to hold these positions and do nothing when injustice has become the order of the day.”

It is rather despairing that the regulatory machine moves at such a slow pace particularly when the country’s people are being subjected to serious risks and dangers. The CAA should fulfil its obligations and take action now before it is too late. (javidyusuf@gmail.com)