Amarinder, Secretary, District Legal Services Authority. (Express Photo by Sahil Walia)
Even as litigations are rising in court, Lok Adalat officials are working upon reducing pending litigations through hearing and without any cost. District Legal Services Authority (DLSA) Secretary Amarinder speaks to The Indian Express about the benefits of Lok Adalat and its success rate in settlement of cases.
What happens in Lok Adalats and how can people avail themselves of this facility?
At Lok Adalats, hearing of pending cases and matter in pre-litigations are settled in one hearing which is held bimonthly in district court, Sector 43, Chandigarh. The award by the Lok Adalats 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. If any person is involved in any litigation that can be civil or relating to any petty criminal litigation, then he or she can approach the Lok Adalat, and get his or her matter sorted out easily in one hearing with mutual consent.
How people get benefitted by coming in Lok Adalats?
Lok Adalats are a boon to the public: They can get their litigation settled fast and free of cost, amicably. Firstly, in Lok Adalat, the grievance of both the parties in the contest is heard carefully and then they are urged to move for mutual settlement with which the dispute is permanently solved in one hearing. Secondly, the people appearing in Lok Adalat don’t have to pay any fee for their case as there is no procedure for it and thirdly, there is procedural flexibility and speedy trial in Lok Adalat which makes the person to avoid coming to courts as the case is decided in just one time. In the Lok Adalat, the parties talk directly with the presiding officers, that is the judges sit in front of them and listen to their problem to bring them for a final outcome.
What is done if the contesting parties at Lok Adalat are not ready for compromise?
If the matter is highly contested and the party is not ready for compromise, then we counsel the person and makes him or her understand about the problems of moving into litigation. For example, if there is case of marital dispute between the husband and wife and if the wife is not ready to move with her husband as she alleges that her husband beat her at the residence, we counsel the parties and try to understand their real dispute. And then we also call the other family members of the house and give them options about what will happen if they move into litigation to higher courts. Then they are told that even if they move to apex court, even then they have to come to a decision. Our counseling team then tries to solve the dispute, but even if the parties are not ready to compromise then they can move to litigation in the civil courts again.
If after the Lok Adalat order, one party does not follow the order, then can the other party approach the court again?
The award by the Lok Adalat has the status of a decree of a Civil Court and it is enforceable. If a party does not comply with the order then it is considered to be non compliance of the court order. The complainant party can approach the Civil Court then with an execution application in the court against the non compliance of the Lok Adalat order under the civil procedure code or the criminal procedure court as applicable.
Any exceptional case you would like to share that was sorted in Lok Adalat?
It was a case of property dispute in 2017 between two brothers from past two years and they were into litigation for the possession of the house which belonged to their father. The father died and the will of the property was on their father’s name and the will was challenged. When they came in Lok Adalat, the other family members were also called at the adalat and the presiding officers started discussing the matter, we found that both the brothers respected each other a lot but this dispute has turned them into a war of ego not the property as the younger brother had stated a few things to the elder brother. We then counselled the elder brother and made him understand about the problems they are facing due to the litigation, and then ultimately in some time, the elder brother approached the younger brother in the court and said him Sorry and it was my fault, following which the younger brother felt bad and started crying in court. The younger brother then touched his elder brother’s feet and said his elder brother, he do not want the property, while the elder brother said the same so. The duo then entered into a compromise and the property was divided into equal share between them.
What is the trend of cases in Lok Adalat, and which cases have more successful rate?
In Lok Adalat, we take up almost every type of cases which can be taken up possibly, including criminal compoundable cases, MACT cases, rent cases, negotiable instruments under section 138 cases, bank recovery cases, labour disputes, service matters, electricity and water bills cases, rent cases, municipal cases, matrimonial disputes, land acquisitions cases, criminal revisions, all civil and petty criminal cases, domestic violence cases. But at present we take up a lot of Negotiable Instruments (NI) Act cases and these also have maximum successful rate, in April 2018 Lok Adalat, 686 cases under NI act were taken up and among which 627 cases were settled in a day.
On which section, the Lok Adalat is focusing at present?
We are focusing on pending litigations in district courts and then the pre litigative cases at present a lot. Regarding the pending on going cases in district court, the judicial officers find the number of cases, which have a probability to be settled at Lok adalat. The cases are identified and the parties are called in the Lok adalat. While about the pre litigative section, we are trying to contact with the maximum banks, mobile companies like BSNL, and private mobile companies as before they enter in courts against a customer or client for non payment, we contact them at pre litigative stage and try to sort out their matter at the Lok Adalat. There are cases of credit card payments, loans payment, payment of mobile phone bills, which we are trying to take up at pre litigative step and counsel the companies about compromise and what is the use of it.
Do you think there is enough awareness about the Lok Adalat among common people and what are you doing to make people aware about this facility?
The awareness level has increase considerably in past two years. We set up stalls of DLSA (District Legal Service Authority) at every festival held in Chandigarh and we make people aware about benefits of Lok Adalat and how they can use free legal aid through DLSA. Our more than 25 legal literacy clubs are functioning at government and private schools which make students educate about legal topics about benefits of Lok Adalat, about DLSA, and even about POCSO act, Cyber Crime, good and bad touch etc, by our legal experts and law officers. Apart from this, we have also opened anti drugs clubs in school to educate children about NDPS act, so that they don’t get involved into any such activity. We also set up legal awareness camps in rural sectors of city every month where all departments of UT are invited including, labour department, Chandigarh Police, AHTU, Old Age department, education department, MC department, to set up their stalls, where any problem of a person can be sorted out immediately at one spot.