Archive for April, 2009

« Older Entries
Newer Entries »

park at your own risk no more

April 26th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Car park operators have a problem now. Remember those notices that says they are not liable for any damages to your vehicle or theft, well that has changed. The court made a decision saying that they are indeed responsible:

Yesterday, a magistrates court here ordered a car park operator to pay lawyer John Heah Wee Theng RM1,668 for items stolen from his car parked at an open air car park near Komtar two years ago.

The items included a compact disc and cassette player with a CD of a compilation of Neil Diamond’s songs, an amplifier, and a pair of Ray-Ban sunglasses.

In his statement of claim filed against Timur Car Park Sdn Bhd, Heah said the notice board at the entrance to the car park stating that the defendant was not responsible for any loss or damage did not absolve the defendant from its duty of care and from liability.

In its defence, Timur Car Park argued that the notice board at the entrance meant Heah had clear knowledge that he was parking his car at his own risk.

The company added that it only provided a parking facility for the public and not a security service to prevent theft or trespass, and did not have duty of care.

It said Heah could have failed to lock his car and activate the alarm system, or failed to ensure that the alarm system and the locks of the car doors were all functioning well.

Heah said he parked his Kenari at the former open air car park next to the Traders Hotel at about 8.30pm on Oct 20, 2007.

When he returned to his car at about 9.40pm, he found the door on the driver’s side unlocked and the items missing.

He said he paid RM2.40 to the company as parking charges for the duration, and the company had a duty of care to watch over the vehicles parked in the car park.

Heah said he parked in a bright spot near a lamppost, adding that there were only 50 to 60 cars there at the time when the car park had a capacity for about 250 to 300 cars. He also said one or two of the car park’s workers were patrolling the area on motorcycle.

Magistrate Mohamed Aznin Mohamed Ariff allowed Heah’s claim for the sum, with interest and costs.

Fomca welcomes the move and so do we all!

The Federation of Malaysian Consumers Association (Fomca) welcomed the decision of the court to hold a car park operator liable for items lost from a car parked under its care, although there was a sign to say owners parked at their own risk.

Fomca secretary-general Muhammad Shaani Abdullah described the case as a “landmark decision” and hoped other car park operators would take note and provide better security.

“Our stand has always been that so long as consumers pay for any services, they are expected to get the required benefits,” he said on Saturday.

Comments Off on park at your own risk no more »

Posted in BornInMalaysia

MINDRAF???

April 25th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Yup folks, add another one to your list. MIC, IPF, PPP, MIUP, DAP, Gerakan, PKR, PSM, and now MINDRAF.

Its being formed by Manuel Lopez and his friends. The name is similar to HINDRAF…hmm…

The party has not got ROS approval yet. They have four objectives: release of HINDRAF detainees in ISA, financial status of Indian cooperatives and companies, task force within the National Registration Department to aid Indians without any identification or citizenship documents,  and plight of contract workers in estates and construction sector.

Just like lots of ASM/ASW units and no money to buy, we have lots of political parties, but not enough members. And now I have to create a new blog tag for this fellows.

Lopez, who was formerly a journalist for almost 40 years, today announced the formation of a new political party called the Malaysian Indian Democratic Action Front (Mindraf).

Mindraf, according to Lopez, is a party that he has been promoting for the past three years and currently has some 3,000 avid followers.

Lopez (left), 59, founder of the party, told a press conference that Mindraf’s objective was not focussed on gaining any political mileage.

On the other hand, it would be service-orientated and concentrate on the settling issues affecting the Indian community.

“We have gone around the Peninsular except Kelantan and Terengganu and I have received good support. I already have a community service centre in Seberang Prai and have solved thousands of problems,” he claimed.

Furthermore, he said that once there were established, they aimed to start off a service centre in Brickfields, Kuala Lumpur and one in Ijok, Kuala Selangor.

“We are not looking for ministerial positions […] we want to be the people’s representation,” said Lopez at the press meet held at a restaurant in Kuala Lumpur.

Mindraf, however, has yet to be registered with the Registrar of Societies. Lopez said he will only receive the full list of office-bearers in June and proceed with the registration process from then onwards.

‘Not here to defend themselves’

He added that he would be the pro-tem president of party and several close confidants, who had worked closely with him in forming the party, would hold the other senior positions.

“We want to work partly like a non-governmental organisation […] but if we register as a political party we’ll have more authority,” said Lopez.

He also explained that the similarities in acronyms ‘Mindraf’ and ‘Hindraf’ was a ‘pure coincidence’.

Asked whether Mindraf had come to replace pivotal Indian-based parties such as the MIC and PPP which were almost annihilated in last year’s polls, Lopez said: “I have no comments. It is not fair for me to criticise them when they are not here to defend themselves”.

Quizzed on the relevancy of race-based political parties in today’s atmosphere, he said: “It is healthier to take a non-communal stand but to do so, the whole political climate of our multi- racial nation must be cleared of the clouds of communalism”.

“Maybe the people at large, when they become more right-thinking and rational, will understand that the vital issues of prosperity and well-being lie outside the narrow and nefarious alley of communalism.

“Until such time, communal parties representing the major races will continue to play their role,” he stressed.

According to Lopez, Mindraf has thus far been operating on small scale and was being funded ‘by several good Samaritans’.

He claimed that said some members from the existing political parties had expressed their interest in Mindraf and were keen to join the party soon.

Lopez said that after obtaining registration, the party would take up four key issues with the newly-formed cabinet and Prime Minister Najib Abdul Razak.

Similarity of aims

“Firstly, we will request for the release of the Internal Security Act (ISA) detainees particularly the three Hindraf leaders.

“Secondly, we will ask the government to appoint a commission of inquiry to look into the financial affairs of a several Indian cooperatives and companies which have collected millions from the community but have not delivered, ” said Lopez.

Besides that, Mindraf would also urge the government to set up a task force within the National Registration Department to aid Indians without any identification or citizenship documents.

Lastly, Lopez said the party would also approach the Human Resources Ministry to look into the plight of contract workers (left) in the estates and construction sectors.

He said that the new government was reasonable and with the ‘proper approach’ their memorandum might be taken into consideration.

When asked as to the similarity of aims of Mindraf and other political entities such as PKR and PSM, Lopez maintained said the issues he outlined have not been solved and therefore there was no need for Mindraf to have a unique struggle.

He expressed confidence in Mindraf getting approval from the Registrar of Societies pointing out there were no ‘subversive elements’ in the party.

2 comments »

Posted in Indian

Tags:

Indira to get her kids

April 24th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


She was skeptical until its in black and white. She wants to see her kids original names and religion on paper. The cabinet can say thousand and one things, but law is law. She is right.

Today, the Ipoh High court granted Indira interim custody of her three kids. It also granted injuction preventing her husband from entering their home. Does it mean the Jabatan Agama fellows can enter?

Judicial Commissioner Ridwan Ibrahim, who presided over the matter in chambers Friday, also ordered the police to assist Indira Gandhi in carrying out the court’s orders.

He set May 12 for an interparte hearing of the matter, to allow Indira Gandhi’s husband, K. Pathamanathan, 40, to give his side of the story.

When met outside the courtroom, Indira Gandhi’s counsel Augustine Anthony said the judicial commissioner had granted all requests listed in the originating summons.

He said that the matter of the children’s religion would be handled at a later date, pending the court’s decision after May 12.

When approached, a tearful Indira Gandhi said she was very happy with the court’s decision.

“But I will be even happier once all my children are finally with me,” she said.

The police are asked to assist Indira in getting back her baby and the husband is not allowed access to the kids without her permission.

Lawyers agree with the fact that a cabinet directive is just that – a directive:

Meanwhile, lawyers A. Sivanesan and M. Kulasegaran, who are also assisting Indira Gandhi in the case, said the Cabinet’s decision Thursday on conversion should be turned into a law.

“A directive has no legal effect in the court of law. It may be persuasive in court but again, it has no legal effect,” said Sivanesan.

Kulasegaran said the Religious Department could choose to ignore the Cabinet’s decision for a directive was “no different from mere advice”.

The Cabinet decided on Thursday that the children of parents who are divorced and where one parent converts to another religion have to be brought up in the ”common religion at the time of marriage.”

I was wondering when the protest will come, and it not surprisingly, the Syariah Lawyers have expressed shock over the Cabinet directive. Well, serves them right. All this while, they were not following justice and were shaking legs when conversion problems occur. How many families suffered? Where were they then?  Now want to express shock??? We have a chance to fix the problem, so these fellow should zip it. If can’t help, then just keep quiet.

Anyway, I expect the problem to get bigger as more and more “NGOs” representing their religion voice their unhappiness. According to Perak Mufti:

Perak Mufti Datuk Seri Harussani Zakaria has urged the government to get views from the Malaysian Mufti Council before making any decision regarding Islam to avoid confusion.

He said the government decision that a child’s religion must be in accordance with the common religion of the parents at the time of marriage should have been discussed by the council beforehand.

“In Islam, when the father or mother is a Muslim, the child automatically becomes Muslim unless the child is above 15 years of age and can choose his own religion,” he said here today.

But in Hinduism, every soul is an Hindu. So how? If we follow track of whose religion is greater, it will be a neverending problem as I will say my religion is the truth, while another fellow will claim his is the true one. The only solution, ensure we all agree on common law. Any fellow want to convert, force him to come clean. Don’t create problem for the rest of the people, especially the family. Don’t insult or embarass your new religion until people look down on it.  I hope their religious people can see some light and think practically.

2 comments »

Posted in BornInMalaysia, Indian, Religion

Tags:

Give money to buy units

April 24th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Well, many people have the same idea me – the makkal should be given some funds to buy the ASM/ASW units. If not, high possibility that we won’t be able to take the quota allocated to us.

Renewing their call  is MIC. Samy Vellu says the following:

…  MIC president Samy Vellu expressed concern that many Indians may not have the financial capabilities to take up the 15 percent quota of Amanah Saham Malaysia shares allocated for the community.

He said according to Permodalan Nasional Berhad (PNB), as of last Wednesday, Indians had only taken 10.71 percent or 53.5 million units of their quota of 499.5 million units offered compared to the Chinese who have taken up all the 999 million ASM units, or 30 percent quota, offered to the community.

He proposed that the government assist the Indians by providing a partial grant or loan to buy the shares through any of its agencies or financial institutions.

“If there is no financial assistance provided for them, the 15 percent quota will not be met and such a scenario will disable our (Indians) target of achieving 1.5 percent equity participation as envisaged under the Ninth Malaysia Plan by next year,” he said in a statement here.

He said MIC has set up a monitoring team headed by him and assisted by Subramaniam and Deputy Minister in the Prime Minister’s Department (Economic Planning Unit) SK Devamany to ensure that the target of 15 percent was met.

“The team will identify the problems faced by Indians to purchase the shares and submit a proposal to the government for further action,” he said, adding that the party’s Social Strategic Foundation would be roped in to carry out surveys.

Samy Vellu said many Indians were keen to buy the ASM shares but could not do so as they could not come up with the money.

He also called on Indians who have the purchasing power to buy more ASM shares so as to double or even triple the amount. “This is the best savings mechanism for our future,” he said.

He also suggested that Indian-based cooperatives, associations and NGOs with sound financial standings to buy the ASM shares on behalf of their members.

Meanwhile, Subramaniam said he would discuss with Prime Minister and Finance Minister Najib Abdul Razak on a mechanism to ensure Indians could purchase the entire ASM shares allocated to them.

“I will also request the prime minister to reserve a specific percentage from the two billion Amanah Saham Wawasan 2020 shares that will be on sale next week,” he said.

The prime minister had announced last Tuesday that of the two billion ASW 2020 shares, 51 percent would be reserved for bumiputeras while the balance 49 percent were reserved for non-bumiputeras.

Well, your guess is good as mine. Will we get a grant or loan? Can it be channeled to the poor family, like those registered with Welfare Department, MHS, and other NGOs? Will some allocation provided for those in the middle class bracket who are also suffering due to economic downturn?

On another note, MIC should have anticipated or known about this, if they have done their homework properly. They keep on saying Indians are doing well, got good jobs, lots of money, not marginalised. But look at the situation, we can’t even generate RM50 million, let alone RM499 million.

Comments Off on Give money to buy units »

Posted in Indian

Tags:

Kannadi Thundukal

April 24th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


I’ve been listening to Minnal FM’s programme called “Kannadi Thundukal” (Pieces of Glass) – hopefully I got the name correct. It airs on Thursday nights at 10.30pm.

So far I heard three episodes already. The most striking one was the one on the gum-sniffing guy. The fella talked about how he fell into the addiction and what it did to him. Very touching story.

The second episode was on ignorance of families who do not take effort to apply for identity cards. One guy said he lost his IC, couldn’t afford to pay the fine because he was so poor. So until now, no sort of identification on him. A guest lawyer also commented on public giving donation to poor families, until the families need not take effort to come out of their problem. He termed it as lifestyle disease. I kind of disagree with the generalisation made by the lawyer but he did mention that we have to investigate the root cause of the problem faced by the families instead of just giving groceries or cash aid.  I agree on that point. We have to ensure the aid given is properly spent. For most cases, we will directly pay the rent or school fees on behalf of the parents, so that there’s no possibility of money being misused.

Yesterday, I heard a case of a youth who turned into gangsterism/rowdyism due to influence of his father. Luckily, after marriage and being guided by MCPF people, he managed to turn a new leaf.

By the way, Minnal FM is on Facebook, so says the Djs in the morning show, Kalai Kathir. Anyone joined their group?

10 comments »

Posted in Indian

Tags: