How to file a case through Lok Adalat?

Lok Adalats or as the name suggests 'People's Court', is one of the Alternate Dispute Redressal mechanism. First started in the state of Gujarat in the year 1982. The movement has now been spread to the entire nation. The reason behind its growth is the heavy backlog of the cases in the courts and the high litigation cost which made justice really expensive for the common man.

With the establishment of the Lok Adalat system, people now have an option to settle their disputes amicably outside of the Court, without too much emphasis on legal technicalities.

Keep reading to know the statutory provisions and the procedure of the Lok Adalats.

 

Statutory Provisions

The Constitution of India under Article 39 A, provides for equal justice and free legal aid, creating an obligation on the states to provide free legal aid by suitable legislation or scheme, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Pursuant to the above constitutional mandate, Legal Services Authorities Act, 1987 has been enacted to give a statutory status to the Lok Adalats. As per Section 19 of the Legal Services Authorities Act, 1987 Lok Adalat should be presided by a serving or retired judicial officer and other persons, of the area as may be specified by the State Authority or District Authority or any of the committees organizing such Lok Adalat.

 

Jurisdiction of Lok Adalat

According to Section 19(5) of the Act, Lok Adalats have been empowered to take up a matter which is either in the pre-litigation stage or at the post-litigation stage.

1. Pre-Litigation Stage: Any dispute which is falling within the jurisdiction and which has not been brought before any court.

2. Post-Litigation Stage: Any dispute pending before any court.

It should be noted here that Lok Adalat, have no jurisdiction in respect of cases which are non-compoundable under any law.

 

Procedure to file a case in Lok Adalat

If the dispute which is being referred to the Lok Adalat, is pending before any court then, as per Section 20 of the Act, the court shall refer the dispute to the Lok Adalat, when:

1. Both the parties agree to such referral; or

2. One of the parties to the dispute makes an application to the court, for referring the case and the court is prima facie satisfied that there are chances of such settlement.

3. The court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat.

In case the dispute which is being referred is at the pre-litigation stage then, on the application of any of the parties to the dispute the matter could be referred to the Lok Adalat, after giving the other party a reasonable opportunity of being heard.

Lok Adalats settles the disputes through compromise between the parties, directed by the principles of justice, equity, fair play and other legal principles. For the determination of the dispute, the Lok Adalats are vested with the powers of a Civil Court.

 

Award of Lok Adalat

As per section 21 of the Act, the award of the Lok Adalat is deemed to be a decree of a Civil Court and the award shall be final and binding on all the parties to the dispute, without any provision of appeal against the award to any court. The same was held by the Supreme Court in the case of PT Thomas v. Thomas Job.

Establishment of the Lok Adalats is a revolutionary step for the Indian Judiciary, since its inception more than 15.14 lakh Lok Adalats have been organized in the country and approximately 8.25 crore cases have been settled by it so far. Its eminence lies in the fact that there is no court fee and in case the fee is paid it will be refunded if the dispute is settled by the Lok Adalat.

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