LOK ADALATH
ambika.S
(Querist) 12 May 2008
This query is : Resolved
whether pemanent lok adalath decide a case on merits if the concilliation is failed?
J K Agrawal
(Expert) 12 May 2008
The answer is highly doubtful. The basic concept is that the permanent lok adalat will sattle the disputes by conciliation and if the matter relates to public utility service the Lok Adalat can impose its own decision and the service provider is bound to obey that. But when we look at section 22 C of Legal Services Authority Act a step by step procedure is provided. As per section 22 C (8) if the parties fails to compromise the case the Lok Adalat "shall decide the dispute". This mean that once a case filed in the lok adalat the result is final decision and nothing else. It is to be noted that there is no provision of appeal. It means entering in the gate of PLA means getting a final decision only. Here I may say that to decide the case does not mean that the PLA should decide the issues between parties. It may also mean that the PLA is to pass a decision that the parties are not at compromise so the dispute is unsettled. I think my second understanding is proper. Some recent case law is there stating towards the both sides.
ambika.S
(Querist) 13 May 2008
Thanks Sir,
In addition to your expert answers I would like to share that to file a case before Permanent Lok Adalath the jurisdiction in the matter in respect of value is ten Lakh rupees.
SANJAY DIXIT
(Expert) 18 June 2008
LOK ADALATS
Lok Adalats which are voluntary agencies are monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method.
The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court or order of a Tribunal and shall be final and binding on the parties to the dispute.
