04/11/2020
Tamavua family back in their flat after Legal Aid gets court order in their favour
-FCCC charges landlord for breaching tenant's rights
By Vijay Narayan , Rashika Kumar , Semi Turaga
Tuesday 03/11/2020
Pramil Prasad whose family was arbitrarily evicted from an informal settlement in Tamavua says he is back in the flat after a court order was issued however he is demanding compensation as his belongings were destroyed by the landlord.
Legal Aid Commission Director, Shahin Ali and his staff took the matter to the High Court over the weekend, and Acting Chief Justice Kamal Kumar ordered that the landlord is restrained from denying Prasad and his family from entering and residing in the house at Waisasa Settlement, until the final determination of the matter.
The court has ordered that Prasad is to take possession of the premises and continue to stay there until the final determination, the landlord to arrange with the Water Authority of Fiji to reconnect water supply to the house within 7 days, the landlord is restrained from disrupting or disconnecting any utilities, the landlord is restrained from intimidating, threatening or abusing Prasad or any member of his family.
Prasad, his elderly mother, his wife who had just given birth almost two weeks ago and another five-year-old child were arbitrarily evicted on Friday.
He says he has a roof over his head today but he does not know where his new born baby will be sleeping tonight as their bed and mattresses have been destroyed because it was thrown outside by the landlord.
He says their electrical appliances were destroyed.
>>>>FCCC charges landlord for breaching tenant's rights
The Fijian Competition and Consumer Commission has confirmed that it has charged a landlord for unconscionable conduct after they illegally evicted Parmil Prasad’s family from their home in Tamavua last week.
Unconscionable conduct, or conduct that is unfair and oppressive, is illegal under section 76 of the FCCC Act.
However the tenant, Parmil Prasad says he is raising the question on why FCCC did not take any action from the time he filed the complaint in September as the threat to evict them was made by the landlord.
In a statement last night FCCC CEO, Joel Abraham says in September, a complaint was lodged against the landlord regarding non-issuance of receipts, failure to keep records and a threat of lockout. FCCC has also provided some photos of the staff talking to Prasad.
Abraham says it is regrettable that while they were still investigating, the landlord decided to take the law into their own hands, and executed an illegal eviction using force. He says the landlord did not obtain a court order, which is a legal requirement for eviction and illegally removed the tenant's belongings from the premises.
Abraham says it is appalling that people are behaving with this degree of hostility with no regard for the law. He says an alleged assault also took place which was referred to the Fiji Police Force.
Abraham urges landlords against acting unconscionably and to show compassion, especially during these hard times.
The FCCC CEO thanked the efforts of the Legal Aid Commission Fiji and the Fiji Human Rights And Anti-Discrimination Commission for also assisting the family, in particular, Legal Aid's efforts in putting the family back in their home.
However Parmil Prasad says he had been taking his plight to the Fijian Competition and Consumer Commission since September. He says no action was taken until he took up the matter with the Attorney General, Aiyaz Sayed-Khaiyum on the afternoon of the eviction.
Prasad says he is grateful for the assistance provided by the Human Rights and Anti-Discrimination Commission and Legal Aid Commission and Department of Social Welfare.
Fijivillage has asked the FCCC CEO how they deal with a threat to evict as that can eventually lead to eviction. We have also asked what action was taken by FCCC after the complaint was filed in September and how long did it take to investigate the landlord.
The initial comment is that they cannot comment on ongoing investigations.