FACULTY OF LAW, DELHI UNIVERSITY

LAW CENTER – I

Report on visit to National Lok Adalat

Saket Court, Delhi

By:
Sandeep Rexwal
LLB- III Year (VI Sem.)
Section –E
Roll no. 171460
Exam: 151525
 Acknowledgement

I would like to express my special thanks of gratitude to my teachers Prof.

Alok Sharma and Prof. Kalidas as well as our dean Prof. Ved Kumari who
gave me the opportunity to visit National Lok Adalat.


I would also like to thank Delhi Legal Service Authority for permitting
me to take part in the proceedings of National Lok Adalat held on 22 April
2018.

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 Table of Contents

S. No.
Particulars Page No.

1. Particulars Of Visit 4

2. Introduction 5

3. Court Proceedings (Court Room No.6) 7

4. Court Proceedings (Court Room No.211) 8

5. Court Proceedings (Case Law) 9

6. Overview of Lok Adalat 11

7. Peculiarities of Lok Adalat 12

8. A Conclusion 13

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 Particulars Of Visit

Court Saket Court

Date of visit 22th April, 2018

Organizing Authority South East DLSA

Place of Reporting DLSA Office

Allocated Court Room 06 (North Block- Ground Floor)

Smt. Vasundhara Chakkar,

Judge
Shri. Gaurav

Other Court Rooms visited 211

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 Introduction
Magna Carta was drafted 700 years ago - “To no one will we sell, to no one will we
refuse or delay the right to justice” and yet the delay in justice in India today is
astounding. Thus, ADR is need of the hour.
The institution of Lok Adalats have evolved as one of the most important modes of ADR
which, etymologically, means "people's court".
"Lok" stands for "people" and the vernacular meaning of the term "Adalat" is the court.
Lok Adalats are blend of all three forms of traditional ADR: arbitration, mediation, and
conciliation.
They use conciliation, with elements of arbitration given that decisions are typically
binding, and are an illustration of legal decentralization as conflicts are returned to
communities from whence they originated for local settlement.

The concept of Lok Adalats was pushed back into oblivion in last few centuries before
independence and particularly during the British regime. Now, this concept has, once
again, been rejuvenated. The First Lok Adalat was held in Una city in Junagarh district of
Gujarat, the land of Mahatma Gandhi, on March 14, 1982. The First Lok Adalat in
Chennai was held in 1986.

Lok Adalat have been given statutory status under the Legal Services Authorities Act,
1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be
a decree of a civil court and is final and binding on all parties and no appeal against such
an award lies before any court of law.

If the parties are not satisfied with the award of the Lok Adalat though there is no
provision for an appeal against such an award, but they are free to initiate litigation by
approaching the court of appropriate jurisdiction by filing a case by following the
required procedure, in exercise of their right to litigate.

There is no court fee payable when a matter is filed in a Lok Adalat.

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Lok Adalat handled the cases relating to motor accidents & insurance claims, traffic
challans, plea-bargaining and cheque dishonour to name a few.

If a matter pending in the court of law is referred to the Lok Adalat and is settled
subsequently, the court fee originally paid in the court on the complaints/petition is also
refunded back to the parties.

The Lok Adalat shall not decide the matter so referred at its own instance, instead the
same would be decided on the basis of the compromise or settlement between the parties.
The members shall assist the parties in an independent and impartial manner in their
attempt to reach amicable settlement of their dispute.

▪ There are basically three type of cases which are dealt with in the Lok Adalat
namely:
Civil Cases- According to section 89 of CPC.
Criminal Cases- Compoundable offences section 320 of CrPC.
Criminal Cases- Not compoundable but punishment has less than 7 year and the
accused has plead a bargaining or plea-bargaining according to section 265 of
CrPC.

Provided that any matter relating to an offence not compoundable under the law shall not
be settled in Lok Adalat.

National Lok Adalat

National Level Lok Adalats are held for at regular intervals where on a single day Lok
Adalats are held throughout the country, in all the courts right from the Supreme Court
till the Lower Levels wherein cases are disposed off in huge numbers. From February
2015, National Lok Adalats are being held on a specific subject matter every month.

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 Court Proceedings (Court Room No.6)

In this courtroom, most of the cases were related to MCD challans. Parties as well as their
counsels argued the cases. The judge randomly dealt with cases as and when parties
came.

The complainant MCD, initiated court proceedings against few defaulters who refused to
pay due fine to MCD or refused to not settle cases, when they were fined. 95% of
challans were for petty cases like fine imposed for open drains, fine was imposed for
keeping dirty surrounding and for keeping water in coolers (mosquitoes breeding).

On the basis of arrival of defendant (individual parties), the judge finalized the fine
amount after looking into each case listed in front of her. Based on her wisdom, the fine
amount, as found appropriate, was to be paid as fine by the defendant in the court itself
on the same day of order.

After payment of the fine, judge issued the receipt and the reader marked the presence of
clients.

Conclusion: The fines imposed were generally minimum cost; most of the cases were
fined for Rs. 1000/- only. The judge decided each case on the basis of its facts. The
collector collected the fine and thereon a receipt was handed over.

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 Court Proceedings (Court Room No. 211)

Name of the case –

Arvind Kumar...(Plaintiff)
vs.
State Bank Of Bikaner and Jaipur.... (Defendant)

FACTS OF THE CASE

▪ The plaintiff alleged harassment by the bank for the late payment of an
installment due to the same.
▪ Rs. 2.5 Lac in the form of installments was due from the plaintiff towards which
the same had written a cheque for Rs. 2 Lac, which subsequently bounced.
▪ On being notified of the aforesaid the plaintiff requested the bank for an extension
in the payment of the installments due owing to ancillary albeit immediate family
matters.
▪ The plaintiff complains of no consideration on the part of the bank in allowing
any extension with respect to the payment of the aforesaid installments due from
him, which also extended to subsequent and repeated harassment from the bank
owing to this because of such default on the part of the plaintiff.

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NAME AND DESIGNATION OF PRESIDING OFFICER
Name – Mr. Gaurav
Designation - Metropolitan Magistrate

BODY LANGUAGE OF PRESIDING OFFICER

The body language of the presiding officer was partially assertive and partially
aggressive. The posture of the presiding officer was upright, maintained good and regular
eye contact and her voice was well modulated to fit the content.

ROLE PLAYED BY THE CLIENT

▪ The defendant party (State bank of Bikaner and Jaipur) presented the client with
the four fold structure to repay the installments due from the latter, enumerated as:
➢ The plaintiff pays Rs. 180,000 in the present month and
the remaining amount thereafter till June 2018.
➢ The plaintiff pays Rs. 190,000 in two equal monthly
installments.
➢ The plaintiff pays Rs. 210,000 in three equal monthly
installments.
➢ The plaintiff pays the entire amount of Rs. 253,000 due
from him in four equal monthly installments till June
2018.
▪ It was finally settled by both parties that the defaulting parties i.e. the plaintiff will
pay a sum of Rs 220,000 in full till the month of June 2018 with a additional
clause which included a payment of Rs. 10,000 on default by either party in not
abiding with such order of the court. Additionally, a foreclosure clause was added
to the above wherein no amount of money will be waived in the procedure of such
foreclosure.

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The Institution of Lok Adalats is a welcome measure since it eliminates the possibilities of
long drawn litigation by way of appeal or revision and relieves the parties from the getting
the briefs prepared, procuring witnesses and attending the court and lawyers' chambers
without certainty of adjudication. The institution of Lok Adalats have proved that it is a
necessary component of Judicial Administration, for it is a mechanism capable of forging
social amity, eliminating bitterness between the parties and bringing efficiency between the
judicial administration by supplementing the courts in judicial processes. However, to make
this ADR a complete success, intensive campaigning should be frequented by the public,
viz., fairs, exhibitions etc.

The functioning of Lok Adalats should be free from the awe of the courtroom and a healthy
message should go to the public that the conciliatory process is free from any
pressure or threat and the award is the result of consensus between the parties and not
imposed by the Adalat. The judges should adopt the humanitarian tools and
techniques during Mediation and educate the parties regarding the advantages and
implication of the terms of settlement suggested by the other party. All the other
ADR follow an ongoing process whereas, lok-adalat happens once in a month. In the
mediation, matters can be adjourned but such is not the case in lok-adalat. The
decision that is brought about by lok-adalat is binding on both the parties and is not
appealable following such circumstances which may seem to be fit to call so.

Conclusion: Civil disputes require worldly experience and maturity, which the judges
possessed. The judges never seemed to be biased towards any institution, specially public
sector banks inspite of the judges being a part of govt (Judiciary).

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 Overview of Lok Adalat

Based on the drawn parameters of procedure of Lok Adalat, the cases were listed in the
cause list of the court. Upon listing, the judge heard the cases one by one and judgments’
along with settlement orders were delivered.

In court proceedings, it appeared that the judges were not much driven by The Evidence
Act but were driven by the principles of natural justice.

Nowhere during the court proceeding it was observant that judges gave preference to
counsels over clients, as is the matter in normal court proceedings.

There was an incidence wherein the counsel was fighting with the client and asking for
refund of the fees. The judge saw everything but did not reply anything. Later the judge
advised the client to indulge in such fights in the court to maintain the decorum of the
court.

There was no facility for water or refreshment in the court. The clients as well as
counsels were going out of the court premises to consume water or any eatable.

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 Peculiarities of Lok Adalat

⮚ The principles of natural justice are the basis principles for any judgment. Justice
not only be done but also be seen. This happens well in lok adalats.

⮚ There are no court fees in lok adalats. This makes it cost effective.

⮚ Most of the judges presiding in the courtrooms of Lok Adalat were freshly
inducted in the judicial system. These judges are eager to decide cases amicably
and take an extra effort in delivering judgments and settling disputes.

⮚ Matters settled have binding force on them, as they’re not appealable to higher
courts, but only when there is an error of law.

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 A Conclusion

1) No Court Fee -

There is no Court fee and if Court fee is already paid the amount will be
refunded if the dispute is settled at Lok Adalat according to the rules.

2) Procedural Flexibility and Speedy trial -

The basic features of Lok Adalat are the procedural flexibility and speedy
trial of the disputes. There is no strict application of procedural laws like Civil Procedure
Code and Evidence Act while accessing the claim by Lok Adalat.

3) Directly interaction with the Judge -

The parties to the dispute can directly interact with the Judge through their Counsel,
which is not possible in Regular Courts of Law.

4) Award of Lok Adalat -

The award by the Lok Adalat is binding on the parties and it has the status of a
decree of a Civil Court and it is non- appealable, which does not cause the delay in the
settlement of disputes finally.

Lok Adalats are boon to the litigating public; they can get their disputes settled
fast and free of cost amicably.

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