KFC must pay $8.3m to poisoned girl in Australia (BBC News Asia)

27 April 2012

KFC must pay $8.3m to poisoned girl in Australia

KFC says it will appeal against the decision

Continue reading the main story

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Fast-food giant KFC has been ordered to pay $8.3m (£5.1m) to the family of an Australian girl left severely brain damaged after being poisoned by a chicken meal.

Monika Samaan fell ill with salmonella poisoning after eating a "Twister" wrap at a KFC restaurant near Sydney in 2005.

The poisoning left her wheelchair-bound and unable to speak.

KFC said it was "deeply disappointed" by the decision and would appeal.

'Limited resources'

 

A judge of the Supreme Court of the state of New South Wales awarded the A$8m damages after ruling last week that KFC had breached its duty of care to the girl.

The family's lawyer, George Vlahakis, said they were relieved by the decision.

"Monika's severe brain damage and severe disability has already exhausted the very limited resources of the family," he said.

"Monika is now a big girl and they are finding it increasingly difficult to lift her and to look after her basic needs as well as look after Monika's younger siblings.

"The compensation ordered is very much needed. KFC have to date been determined that Monika does not receive a cent."

KFC, which is owned by Yum! Brands, expressed surprise at the judge's ruling, insisting the evidence did not show it caused Monika's disability. It has indicated it will appeal.

"We feel deeply for Monika and the Samaan family. However, we also have a responsibility to defend KFC's reputation as a provider of safe, high-quality food," a company manager said.

The court was told that Monika was in a coma for six months after she, her parents and brother fell ill with vomiting and diarrhoea after sharing the wrap, the AAP news agency reports. The other family members all recovered.

The family's lawyer told the court that at busy times, the restaurant would reuse chicken that had been dropped on the floor - BBC News Asia, 27/4/2012

Give Apple Workers a Voice in Their Future (A Joint Media Statement - 22/3/2012)

Many of us use Apple products - and we must make sure that we do not support violations of human rights and worker rights by buying products made by companies that allow injustices and rights violations of workers. The joining of the Fair Labour Association is certainly a good move by Apple - but it must also translate in Apple actually doing the needful to immediately end the many reported alleged injustices and rights violations suffered by workers involved in making the Apple products that we use or are contemplating to buy. Our choices as consumers should no more just be based on quality, prices, ... - but also an assurance that in the production of these products, i.e. in the entire supply chain, there was no human or worker rights violations, injustices, negative impact on the environment, ... Remember always that our choices do matter...

Give Apple Workers a Voice in Their Future

23 March 2012: The ITUC has joined the International Metalworkers’ Federation and several campaign groups in calling on IT giant Apple to finally take serious action to end appalling abuses of workers in its supply chain. Source: ITUC Website

Media Statement - 22 March 2012

 

Give Apple Workers a Voice in Their Future

By joining the Fair Labor Association, Apple has embarked on its latest program of auditing its suppliers, ostensibly to investigate and remedy the appalling abuses in its supply chain that have been well documented and widely reported. While Apple claims that it is finally taking the issue seriously, its top-down auditing approach can never be a long-term solution to the systematic violations of labour rights that are occurring every day in the manufacture of electronic products. Indeed, Apple promised in 2006 that auditing would protect the rights of workers in its global supply chain, with results that are all too apparent.

The FLA will likely publish next week some of the results of its audits at Foxconn and the organization will no doubt report that labor rights violations are taking place at these factories. Since violations at Foxconn have been well documented by independent investigators, and in many cases admitted by Apple itself, the FLA could hardly claim that all is well. We also have no doubt that the FLA’s report will be coupled with another round of promises from Apple and Foxconn that they will finally clean up their act. The question, however, is not whether there are severe labor rights problems in Apple’s supply chain. This has been obvious for years. And the question is not whether Apple will promise, again, to fix these problems. They surely will. The question is whether anything will actually change.

Because once the audits are over and FLA has gone home, the workers in the factories will again be left to deal, as best they can, with the brutal labour conditions that are imposed on them. Any hope that conditions for workers will improve rests not on the work of auditors, but on the ability of workers themselves to monitor whether their labour rights are being respected and to push for remedies when they are not.

If Apple is genuinely concerned about improving the labour rights of workers that manufacture its products, it must ensure that they can negotiate with their employer to bring lasting change to the way that work is performed and compensated. For the Foxconn workers this means allowing workers to conduct elections to democratically select their own representatives in the workplace who can negotiate with management on the pay and conditions of the workforce. Such elections must be conducted by the workers without interference from management and all managers must be prohibited from taking up union positions. In order for the elected worker representatives to be able to meet management on an equal footing to negotiate on pay and working conditions, they will need support in terms of skills and knowledge. Apple must therefore insist that union representatives be allowed to access training and capacity building that is independent of management, so that they have the knowledge and skills necessary to advocate on behalf of the workers they represent.

Collective bargaining is the mechanism that will enable workers to negotiate with management on appropriate levels of pay and decent working conditions and is one of the fundamental labour rights recognized by the ILO. It is especially critical to addressing health and safety problems. Apple and Foxconn must immediately establish a schedule of negotiations which will lead to a collective agreement that covers all aspects of work including wages and working hours, overtime, health and safety, etc. A collective agreement would help reduce the vast disparity between workers’ pay and the massive profits generated by both Foxconn and Apple, which has announced that it has $45 billion to spend on buying back its own shares rather than on improving pay and conditions for the workers that make its products.

There is no question that giving workers a real say in the way that their work is organized and remunerated will challenge the repressive management practices for which Foxconn is notorious. Foxconn must learn to work together with its employees, through their democratically elected representatives, to find solutions together that reconcile the demands of production with recognition of workers’ rights. This will mean giving access to information on wages, working hours, production schedules and financial information that enable worker representatives to take an equal seat at the table and work with management to resolve the issues. It will also mean that Apple must roll up its sleeves and get involved directly in the bargaining process, so that its demands on unit prices and production deadlines do not undermine agreements on pay and working conditions.

Bargaining should take place above a floor of decent minimum standards. This must include an immediate end to illegal overtime hours, coupled with wage increase to ensure that every worker in Apple’s supply chain is paid a genuine living wage that covers basic needs for a family for a statutory work week (40 hours in China). Given Apple’s gargantuan profits and mountainous horde of cash, there is no financial, practical or moral excuse for any worker making Apple products to go another day without being paid a living wage for a normal workweek.

Finally, it is clear that organizations like ours will need to continue to scrutinize conditions in Apple’s supply chain for the foreseeable future, to hold the company accountable and remedy any abuses. For this to be possible, Apple must be more forthcoming about the identity of its suppliers, not just releasing the company names, but the countries and specific factories in which all the components that go into its products are made.

International Metalworkers Federation (IMF)

International Trade Union Confederation (ITUC)

SumofUs

Students & Scholars Against Corporate Misbehavior (SACOM) 

Good Electronics

MakeITFair

 

 

RIGHT TO MY SAVINGS STATEMENT Campaign - Government must intervene to prevent consumers being denied rights

This right to a savings statement is an important campaign, and there are some related issues that need to be addressed.

1 - Even if you have a savings account book, the NEW problem that arised is that there is apparently a new Bank Negara ruling that states that the account holder must come personally to the Bank, if they want their savings account book updated. This updating of account in most banks have to be done over the counter - not vide ATMs. This means traveling to the bank, during bank operational hours, standing in line and all this just for the updating of the account book - note the making of any withdrawal, transfer, etc - whereby for the later there may be some rationale for insisting the presence of the account holder - maybe to prevent fraud by 3rd parties, but for updating your book? Problem faced most by the Elderly, the disabled and those who have to depend on others for public transport. It is also a problem for even normal working people - as this means leaving work during working hours just to go to the bank to update your savings book. Today, for the elderly, many of them have their pensions and/or other entitlements paid directly into their account - and this monthly trips is a great problem - an unnecessary waste of time, cost not just of the account holder but usually also of others who are forced to accompany such account holders. [UPDATING of Saving Account Books do not require such stringent requirement requiring the presence of the account holder. In other countries, all these can be done using an ATM machine. Any person should be allowed to come an update saving account books - maybe not the withdrawal of monies or the transfer of moneys. It really is very ODD because now anyone using an ATM card can take out monies and/or even transfer monies from an account other than theirs provided they have the requisite ATM card and the password..]

2 - A lot of banks, BSN included, when it comes to updating saving accounts book - the banks do not provide updates containing details of entry and withdrawal (dates, manner of transaction (cheque/cash deposits, transfers, etc) or the sums deposited. My father passed away last June, and being a pensioner, the government transferred RM3,000 into my mother's account for funeral expenses assistance, but when the BSN refused to print details of money entries, but just a lump sum of monies that have entered and withdrawn - it is impossible to even ascertain that the RM3,000 sum had been deposited into the account, let alone when. Banks take the position that detail entries and withdrawals will only be given/printed in savings book if it happened within the month prior.How can one send a written confirmation to the Pensions Department confirming receipt of the said RM3,000-00 for we will not know whether there was any RM3,000 deposit or when it happened. It is difficult when all the information that one have access to is just a lump-sum total of deposits and made from the last up-dating date. [Previously, there was a right to get the details printed out - and even in the worse case scenario, Banks will print out these details on separate sheet of paper, even if not in the saving accounts book - but apparently no more.] Now, more and more things like even dividends paid out with regard to shares are all being directly banked in, and as such consumers really require breakdowns of all monies that come into their savings account so that they can personally check and verify that monies that were supposed to be banked in to their accounts have really been banked in - if not how can they ascertain this, and do the needful to claim their entitlements. Hence, all updating of savings account pass books must provide full details of entries and withdrawals. If not so easily, people can be CHEATED...]

3 - The practice of charging for detailed statements must stop - it is the right of the Consumer of banks to get these statements at a regular interval, preferably monthly, without any additional charges. 

4 - Internet/Phone Banking really is no justification for not giving detailed written statements to the consumer, be it in the form of printing in pass books or those that are being posted to consumers holding current accounts. Many do not use these Internet/Phone Banking services by reason of potential risks of  'hacking' etc, or just not having access to internet, or just preferring to have things 'black and white'. Most of the elderly, in fact maybe even those above 40 just do not have access or use internet/phone banking - this could very easily be verified. What we are concerned with is USAGE for registering for these services normally is done for a lot of consumers when they open their new accounts - so many may have registered - but the question is usage/regular usage, and for the later, I believe it is minimal.

The  RIGHT TO MY SAVINGS STATEMENT Campaign hopefully would also address some of the real issues facing the ordinary consumers of bank, as highlighted above, as well 

Follow this link to get to the Campaign page - http://www.facebook.co/RightToMyStatement

RIGHT TO MY SAVINGS STATEMENT Campaign

Face book Campaign

In a modern economy, most consumers having a savings account with banks. Fundamentally, the purpose of the savings account is to deposit as well as withdraw monies in a safe and secure institution. Additionally, the savings also accrue interests. 

It is a fundamental consumer right to have a monthly record of these transactions, be it deposit or withdrawals or interests added.  This record is for consumers to counter-check that the transactions recorded are indeed correct and there have been no unauthorized withdrawals as well as to assist in their personal financial management practices.

Additionally, according to Bank Negara:

The Consumer can keep track of their banking transactions and interest earned either through a pass book or through a bank statement. (http://www.bankinginfo.com.my)

However, many banks are NOT providing pass books or monthly statements to their saving account holders.  Thus consumers have no record of their deposits/withdrawals as well if there have been unauthorized withdrawals.

If a consumer wants his record, he has to pay for the statement.

THIS HAS TO STOP.

FOMCA launched the RIGHT TO MY SAVINGS STATEMENT Campaign on 15 March 2012 in conjunction with World Consumer Rights Day.

FOMCA calls on ALL consumers, but especially those have a savings account, but have not been given a pass book or receive monthly statements to support our Campaign. 

Recognizing the power of social media in bringing together people, FOMCA is launching a Facebook Campaign to indicate consumer support and pressure the regulator to enforce the laws and practices which are currently being flaunted. 

The campaign will run for a total of 45 days with a special Facebook campaign page running for the time period. Users need only to like the campaign to show their support. 

Following the completion of the campaign, the total number of supporters for the campaign will be used to demand that all banks provide pass books or monthly statements to ALL saving accounts consumers.

FOMCA
15 March  2012

BN government failed Malaysian Diabetics and their families..

Healthcare must be a priority of the Malaysian government, and it is shocking that the BN government has failed miserably to ensure that there sufficient dialysis centres in Malaysia..

Diabetes patients and their families must be really concerned about this..

The Minister revealed that:-

a) There are 17,367 kidney patients diagnosed with end-stage failure who need dialysis treatment...

Government has 132 dialysis centres with 1,836 machines and can only provide dialysis treatment to 5,000 patients.

Non-Governmental Organisations have 186 centres with 1,787 machines to provide dialysis treatment to 6,000 patients.

Therefore, we have necessary facilities and equipment to look after 11,000 only - when there are now 17,367 patients who need this dialysis treatment. The number will be increasing.

This is a priority - the government must do something. (Unfortunately the news report did not indicate how the government plans to overcome this serious lack of dialysis machines and centres - that certainly will be causing death to a lot of persons sooner than later.

The 132 dialysis centres under the Health Ministry are insufficient for 17,367 kidney patients diagnosed with end-stage failure who need to go for dialysis treatment, said deputy minister Datuk Dr Abdul Latiff Ahmad.

Replying to Liang Teck Meng (BN - Simpang Renggam) in Parliament, Dr Abdul Latiff said the 132 dialysis centres comprising 1,836 machines can only provide dialysis treatment to 5,000 patients.

Dr Abdul Latiff said the Government works with non-governmental organisations like the Lions Club, Rotary Club and others, as well as the private sector which has a total of 186 centres with 1,787 machines to provide dialysis treatment to 6,000 patients. - Star, 15/10/2008, Parliament: Not enough dialysis centres

Obviously the BN government is not so bothered about diabetic patients and their families..

Wonder whether the Pakatan Rakyat state governments will do something to help deal with this problem. State government can also set up some dialysis centres. I await the announcement from Pakatan Rakyat state governments....and also the BN state governments..

Azalina may have to get New Billboards if there is a new PM...

Datuk Seri Azalina Othman Said must be seriously thinking about her new 'tourism billboards' - after all, come March 2009 all those large tourism billborads that has Abdullah Ahmad Badawi, Mohd Najib Razak and of course, Azalina Othman herself may have to changed to potray the the new PM, new DPM and herself if she is still the Tourism Minister.

She is already taking steps to get into the potential winners of the PM-DPM race ...

Datuk Seri Azalina Othman Said today said that the combination of Deputy Prime Minister Datuk Seri Mohd Najib Tun Razak and International Trade and Industries Minister Tan Sri Muhyiddin Mohd Yassin would be the best for the country's leadership.

The former Puteri Umno chief and presently a member of Umno's Supreme Council, also said that the combination was proven as both leaders had worked together under both the leadership of former Prime Minister Tun Dr Mahathir Mohammad and Prime Minister Datuk Seri Abdullah Ahmad Badawi.

"Tan Sri Muhyiddin did say he can work with Datuk Seri Mohd Najib and I'm sure that Najib can also work with Muhyiddin. This shows that they are a good combination," she said after launching the Student Tourism Programme in Felda Semenchu, here today. - Bernama, 12/10/2008 - Najib- Muhyiddin Combination Good For The Country, Says Azalina

A friend of mine was wondering why Abdullah Ahmad Badawi's wife was not on those Billborads...only Najib's wife. Of course, when I looked closer, I noted that is was not Najib's wife but our new tourism Minister.

I think it is not right to put the Minister's own photo, or the picture of the PM and DPM. In tourism posters and Billboards place pictures of ordinary Malaysians (Make sure that it depicts the multi-ethnic, multi-religious and multi-cultural aspects of the malaysian people as it was done previously...)

I believe that Azalina is not the only Minister using her position to do a bit of self-promotion. If not mistaken, I also saw our Agricultural Minister's image on one Billboard as well...Muhyiddin Mohd Yassin, if not mistaken.

Well, Kit Siang did raise this matter in August 2008...

Tourism Minister Datuk Azalina Othman Said and her deputy Datuk Seri Sulaiman Abdul Rahman Abdul Taib came under heavy fire from Ipoh Timur MP Lim Kit Siang for being absent during question time in parliament yesterday.

The DAP leader became infuriated when the two were not present to answer his question on the cost of putting up tourism promotion billboards along the North-South Highway.

Lim had also asked the rationale for having images of Prime Minister Datuk Seri Abdullah Ahmad Badawi, Deputy Prime Minister Datuk Seri Najib Razak and Azalina on the billboards.

"Is there any scientific study on how these images can help promote tourism?" he asked in a question for oral reply...."What is the point of having their pictures (on the billboards)? This will not invite tourists but chase them away," he said.

...Eventually a copy of the answer prepared by the Tourism Minister was handed to Abdul Latiff and he read it out, saying that the ministry had placed 38 billboards along the highway through Tourism Malaysia.

"The billboards were placed at strategic locations along the highway at a rental cost of RM750,793.31 for the period of June to December 2008."- The Edge Daily, 22-08-2008: Kit Siang lambasts absent tourism minister, deputy

Next week Azalina may be the Finance Minister No. 3 - and we will have a new Tourism Minister --- will this mean new Billboards?

That is why what Azalina did must be condemned...

Were those billboards put up to get and remain in the good books of the PM-DPM? Was it to help ensure she remains Tourism Minister? Was it purely self promotion? Or was it an indication that after Najib - Azalina will be the next PM....mmm

What percentage of vegetables locally grown?

Recent revelation that 40% of vegetables in Malaysia are currently imported from China raises the question as to what percentage of vegetables in Malaysia are imported...and what percentage is grown locally.

Federation of Malaysia Vegetable Wholesalers Associations president Soo Cheng Kee said there was concern among the farmers and wholesalers over the issue.

“There are two groups of vegetables that we import.

“One is what we can’t grow well here like the Hong Kong kailan and the other is what we import to supplement the local supply like cabbages,” he said, adding that about 40% of vegetables in Malaysia were currently imported from China.

These include the Hong Kong kailan, Chinese cabbage, Beijing cabbage, round cabbage, cauliflower, baby kailan and carrots.- Star, 8/10/2008 - Farmers: Keep us informed

We have got the necessary environment for the growing of many different kind of vegetables. The problem always have been the provision of land and assistance to farmers.

Noting that prices of vegetables in the market need to be kept low and reasonable for the general population, in an age when cost of living and cost of farming is increasing. There is a need to provide more assistance and subsidies to the farmer.

Maybe the government could purchase vegetables at a high price from the farmer and re-sell it at a lower price to the wholesalers...to the consumer. That means government subsidies.

Questions to the government(that some MP/ADUN could raise):-
Is there such a scheme in place at this time?
How much is being used to support this scheme?
What are the government plans in achieving target of at least 80% locally produced vegetables?

Several years ago, in a meet the MP session in PJ, constituents asked Donald Lim (as he then was) why the government was acquiring/allocating land for golf courses - but not allocating sufficient land for farming. [Of course Donald avoided the question and talked about the benefits of playing golf - stress reduction, etc...]

Paying for the BN fumble - in not excluding toll for Public busses, etc

Toll charges for buses slashed

Toll charges for buses to cut by 50 percent for the next two years. The government will spend RM45 million to compensate toll operators for this. - Malaysiakini, 29/8/2008 -Budget 2009: Salient points

The problem is the toll agreements that the Government entered with the toll operators - for it seems to be very much in favour of them toll operators - and the people suffer and suffer because of this. There was no transparency ...and even today, there is still no transparency with regard to them toll-agreements. It must be made public. There must be accountability. This is what we want.

The government cuts toll charges for busses -- but really this should have been an aspect of the toll agreement in the first place.

The agreement should have been that there will be no toll charges for public busses, taxis, other public transport vehicles, motorcycles, government vehicles-police, health, etc...

Now, the government ends up having to pay toll operators RM45 million so that busses only can enjoy 50% rates.

This RM45 million could have and should have been used to improve roads and public transport generally - now the Toll Operators get this money...they never lose.

And, how much is being allocated to improve public transport --- an interesting RM35 billion.

The problem with the BN government is that half of this may enter pockets of persons, and then the rest of it will be given to selected ...."government-linked" or "Minister/PM/DPM linked companies" who over-charges. We shall see...we shall see

To improve public transportation, the government has allocated RM35 billion in the next five years. - Malaysiakini, 29/8/2008 -Budget 2009: Salient points

The first think that has to be done is for the PM's son to have no more relationship with SCOMI and/or their related companies.... and SCOMI's involvement in public transportation in certain areas must be reviewed and posibly ended. In fact the PM, his family, his in-laws, (so too with his DPM, Minisiters, MPs and ADUN) should have no links whatsoever with the companies that get these public tranport projects...

Or, will we still be seeing a big portion of that billions allocated just going to them again...

Yang Berhormat Dato' Bung Mokhtar Radin (Ahli Parlimen Kinabatangan) telah bertanya dalam Dewan Rakyat berkenaan 1000 lebih bas milik Rapid KL yang tersadai dan tidak diguna.

Bas-bas ini dikatakan asalnya milik Intrakota dan City Liner yang telah diambilalih oleh Rapid KL yang dipercayai adalah milik Khazanah. Bas-bas ini masih boleh diguna atau boleh diperbaiki dan dijual oleh Rapid KL.

Tetapi Rapid KL tidak berusaha bersungguh-sungguh untuk mendapat balik sedikit pun daripada kos pembelian syarikat-syarikat ini.

Kenapa?

Kenapa?

Apakah Rapid KL begitu untung dan boleh tanggung rugi yang tidak kecil daripada menjadikan bas-bas yang dibeli olehnya sebagai besi buruk?

Rapid KL terkenal dengan jumlah besar bas baru yang dimilikinya. Umum tahu yang bas-bas ini kerap kosong. Oleh kerana ia adalah GLC dan melibatkan wang rakyat sepatutnya untung-ruginya diumumkan kepada orang ramai. Tetapi kita tidak pernah melihat kira-kira untung ruginya. Untung besarkah RapidKL dan Khazanah?

Kita bangga dengan design bas-bas yang dimiliki oleh Rapid KL. Ia amat moden. Saya ingin tahu siapakah yang membekal bas-bas ini. Saya percaya pembekal bas-bas ini meraih keuntungan yang besar kerana begitu banyak bas yang jelas dibeli oleh Rapid KL. Mungkinkah pelupusan dan write-off begitu banyak bas-bas lama adalah supaya bas baru dapat dibeli daripada pembekal tertentu? Jika ya, nampaknya Rapid KL diadakan untuk menguntungkan pembekal. Apakah adanya Rapid-Penang juga tidak mempunyai tujuan yang sama?

Apakah benar pembekal bas Rapid KL dan Rapid Penang ialah M-Trans yang dimiliki 100% oleh Scomi yang dimiliki oleh sipolan-sipolan yang mempunyai talian kekeluargaan dengan pemimpin besar negara?

Katanya pesanan untuk bas baru oleh Rapid KL adalah begitu banyak sehingga Scomi tidak dapat membinanya. Oleh itu Scomi dibenar import bas dari China. Apakah harga import dan harga jualan kepada Rapid KL? Apakah syarikat lain dibenar import bas baru dari luar negeri? Apakah duti import yang dibayar?

Disiarkan gambar-gambar Scomi Coach Sdn Bhd (dahulu dikenali sebagai M-Trans Sdn Bhd) yang berada di tempat yang sama dengan Scomi Rail Bhd (dahulu dikenali sebagai M-Trans Technology Sdn Bhd)

Penceroboh boleh ditembak

Bas-bas Rapid KL yang tersadai

Bas-bas baru Rapid KL yang sedang dibina di kilang Scomi

Kita juga dengar khabar angin bahawa Scomi juga dapat kontrak membekal unit-unit monorel untuk projek monorel di Pulau Pinang. Sekali lagi Scomi hanya akan membekal unit monorel sahaja dan tidak akan terlibat dengan pembangunan dan pengurusan sistem monorel di Pulau Pinang. Umum tahu pembangunan dan pengurusan tidak memberi keuntungan. Menjual unit monorel tetap untung terutama jika tidak ada tender atau tender di buat dengan spesifikasi yang hanya jenis unit monorel Scomi sahaja yang boleh menepatinya.

(Disiarkan dibawah gambar yang menunjuk rel untuk percubaan unit monorel yang terdapat di kilang Scomi Rail Bhd)

Rel untuk test unit. Dibelakang terlihat satu unit monorel di atas test-rail

Papan kenyataan Scomi Coach Sdn Bhd dan Scomi Rail Bhd

Source: chedet.com., posting entitled Rapid KL

I believe, when they started these toll highways, the BN government promised Malaysians that they will not only maintain the existing toll-free roads but will up-grade it all to 2-lane roads - but alas that seems not to have happened.

There are many places, where there is no real reasonable option but to pay the toll and use them toll-highways/roads. More often than not, it is also not smooth easy driving on these "private" roads because of road-works, etc..

Have these toll operators and road builders not been adequately compensated by the timber they exploited - by the land they obtained - by the control of even the food/drink outlets, petrol stations, etc..? Or, do they control it or not -- we do not know because we cannot see that Agreements...

How much did it cost to build the roads? How much have they been paid & collected through the toll payments? In fact, normally toll rates go down --- not up - but in Malaysia, it just goes up.

I believe Pakatan Rakyat promised the abolition of tolls -- or will they now say they never really did.

And when they cease power, the excuses will start to flow....and the people may end up continuing to pay tolls...

After September 16, hopefully we will have changes...not just of government BUT of a lot of things for the better.

Awarded RM10,000-00 because could not use ATM card..

Very seldom do we hear of the little man being triumphant over them BIG people/Institutions/Corporations/Banks... Hence, reading this news report was rather refreshing...

A businessman who could not use his ATM card to withdraw RM300 to treat his friends to dinner in Kuala Lumpur six years ago was awarded RM10,000 damages by a magistrate's court here.

Magistrate M. Rajalingam awarded Lambert B. Samson, 83, the sum for the inconvenience, mental distress, and embarrassment he suffered.

Rajalingam also ordered CIMB Bank Berhad, formerly known as Southern Bank Berhad, to pay Samson 8% interest per annum on the damages from the date of judgment and costs. - Star Online, 17/7/2008 - Man wins RM10,000 for distress at not being able to withdraw from ATM

Them banks usually have something there in their small-print, very-difficult to read agreements that allows them to escape liability most of the time.

Of course, they also have the money to hire lawyers, make all kinds of applications, appeal and appeal - which makes it very very difficult for the ordinary person to be able to sustain any legal battle.

Legal costs, technical issues, etc.... and not merits many a time result in Banks and big companies winning over the small person..

When you opened your account, were you given the FULL agreement to read before you signed it. Most of the times, even when I ask for an agreement, they say the ran out of copies, etc... . Many a time, one only signs under the statement that I have read and agree to the Agreement - without really being given that FULL Agreement..

And, even if they give you an agreement, it is so lengthy, so blur, in so small a print,... and the pressure from the next customer (and the bank officer for you to sign it now or get another number....) ends up with persons signing these agreements without ever really reading and/or understanding them.

The duplicate of the "agreement" that you sign is in them coloured papers that makes it so very difficult to read - and also difficult to photostat (or to make enlarged copies).

And even if you were to read it, it is really difficult understanding all that legal mumbo jumbo etc... Even, I, a lawyer, find it difficult to really understand it fully...

The bank's defence was based on a Terms and Conditions agreement apparently signed by Samson while receiving the said Autokad on Nov 18, 2000.

The bank said three clauses in the documents stated among others that it would not be responsible or liable if the card was not honoured or accepted for use.

Oh yes, if you look hard at many of these agreements, you will find that at the end of the day there will be these clauses to say that the banks will not be liable for this and that....and even in some agreements, where they are found to be liable, banks limits their 'pay-outs' by putting an unreasonable figure. Not just banks do this -- other big boys also do this...

BANK NEGARA? -- Well, they know about this, and so does the government -- but sadly, I believe that too little is being done in favour of the little man - the consumer....

There should be simple, easy to understand agreements which is fair and just (the government, consumer bodies and the State should be responsible to ensure this 'fair and just' part).

There definitely should not be any of these "it would not be responsible or liable if the card was not honoured or accepted for use" clauses, save for something that is beyond anyone's control -- i.e. an Act of God.

In the Penang case, the court said that the agreement should be explained - not enough, I say

Rajalingam held that the first nail was hammered into the defendant's case when it failed to call the bank officer to testify whether she had explained the terms and conditions of the agreement before Samson agreed to sign up for the Autokad in 2000."

Going to court for a remedy is alright - BUT really, there must be other easier and cheaper means for people to obtain a remedy...

Anyway, this good news of the success of a small person over a BIG company need to be celebrated...

Just hope that this Bank do not prolong matters, by appealing to the High Court.....and so on so forth.... leave it at this.

Where are the consumer groups in Malaysia? Where is that Federation of Malaysian Consumer Association (FOMCA)? Should they not be there struggling for greater consumer rights...or have they also deviated from their primary objects - concerned now about them 'bigger' issues and not these small little consumer matters...

Are you a member of a consumer body? Do you have a consumer body in your area - if no, then get some people together and go form one... We need such consumer groups to be fighting for our rights...