Permanent Lok Adalat For Public Utility Services

Coverage of this Article

1. What is a Permanent Lok Adalat for Public Utility Services?
2. What is a ‘Public Utility Service’?Structure of Permanent Lok Adalat
3. What is the Territorial Jurisdiction of Permanent Lok Adalats for Public Utility Services?
4. What is the Pecuniary Jurisdiction of Permanent Lok Adalats for Public Utility Services?
5. Do all parties of dispute are necessary to fall under services defined in Public Utility Services?
6. Whether Permanent Lok Adalats for Public Utility Services can dispose of criminal cases?
7. What would be the working days & hours of Permanent Lok Adalats for Public Utility Services?
8. What type of nature of cases the Permanent Lok Adalats for Public Utility Services would decide?
9. Whether a party in a pending case before a Civil Court/Criminal Court or a
10. Statutory Forum may approach Permanent Lok Adalats for Public Utility Services?
11. How to file an application before the Permanent Lok Adalats for Public Utility Services?
12. Whether it is compulsory for the parties to appear in person?
13. Is there any Court Fee to register a case in PLA ?
14. Can a party invoke jurisdiction of any other Court in the same dispute?
15. Whether the Permanent Lok Adalat is bound by the Code of Civil Procedure,1908 and the Indian Evidence Act, 1872?
16. Is there any time limit for disposal of an application by the Permanent Lok Adalat?
17. Whether the Award passed by the Permanent Lok Adalat is final or appealable?
18. How is an Award made by the Permanent Lok Adalat executed?
19. What is the difference between a Lok Adalat and a Permanent Lok Adalat for Public Utility Services ? and its brief procedure.
20. What is the difference between a District Consumer Forum and a Permanent Lok Adalat for Public Utility Services?
21. Whether there is any time limitation to file applications before the Permanent Lok Adalat?
22. Whether Lawyers can appear before the Permanent Lok Adalat?
23. What is the procedure where any party to dispute doesn't appear or participate in court proceedings ?
24. What are the powers of the Permanent Lok Adalat to take evidence?

Curated By: Rajeev Kumar, the then Chairman, PLA, Dehradun.

Assisted By: Adv. Niharika Lohan

PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES

1. What is a Permanent Lok Adalat for Public Utility Services?

To bring justice to poor and underprivileged people without too much technicalities, formal

procedure and court fees Lok Adalats are established under Chapter VI under section 19 of

the Legal Services Authorities Act, 1987 (hereinafter referred as 'the Act') in which, disputes

are settled mutually, amicably and with consent between the parties but if the parties do no

arrive at any compromise or settlement, the unsettled case is either returned back to the

Court of law or the parties are advised to seek remedy in a court of law, which causes

unnecessary delay in dispensation of justice, so to get over this drawback and shortcoming

of Lok adalat Chapter VI-A was introduced in the Act by Act No.37/2002 with effect from

11-06-2002 providing for a Permanent Lok Adalat popularly called PLA to deal with prelitigation, conciliation and settlement of disputes relating to Public Utility Services, as

defined under Section 22-A of the Act at per-litigation stage itself, which would at the end

result in reducing the work load of the regular courts to a great extent but also very

convenient for a person who approach to court for speedy justice either amicable settlement

between parties or on merit.

2. What is a ‘Public Utility Service’?

‘Public Utility Service’, as the phrase indicate any service which provide by any sector for

public utilities . It is precisely defined by Section 22-A(b) of the Act means anytransport service for the carriage of passengers or goods by air, road or water; or

postal, telegraph or telephone service; or

supply of power, light or water to the public by any establishment; or

system of public conservancy or sanitation; or

service in hospital or dispensary; or

insurance service; or

Education and Educational services;

Housing and estate services; or

Banking and Financial services; or

and includes any service which the Central Government or the State Government, as the

case may be, may, in the public interest, by notification declare to be a public utility

service for the purpose of Chapter VI-A of the Act.

The scope of pubic utilities services are not static, it may be extend by state or central

government by notification. In few states more services are include under public utilities

services .

3. Structure of Permanent Lok Adalat

PLA have been set up as permanent bodies with a Chairman and two members for providing

per-litigative mechanism for conciliation and settlement of cases relating to Public Utility

Services.

4. What is the Territorial Jurisdiction of Permanent Lok Adalats for Public Utility

Services?

The territorial jurisdiction of a Permanent Lok Adalat for Public Utility Services,

established for districts, is the respective district where any party to dispute reside or their

office situated.

5. What is the Pecuniary Jurisdiction of Permanent Lok Adalats for

Public Utility Services?

The pecuniary jurisdiction of Permanent Lok Adalats for Public Utility Services is over

matters where the value of the property does not exceed one crore rupees

6. Do all parties of dispute are necessary to fall under services defined in Public Utility Services?

No. As per sec 22C (1) any party to a dispute may before the dispute brought before any

court make an application to PLA, that means if any one of the party falls under public

Utility Services then PLA can take cognizance on such dispute. In another word an

individual my file his case in PLA if any relief is sought against category describe as public

utility services even if other parties may not fall under public utilities services. Similarly

any statutory body/ organization as describe as public utility services may file a suit against

any individual.

7. Whether Permanent Lok Adalats for Public Utility Services can dispose of criminal cases?

Yes, Permanent Lok Adalats for Public Utility Services have jurisdiction in respect of

matters relating to an offence compoundable under any law in public utilities services .

8. What would be the working days & hours of Permanent Lok Adalats for Public Utility Services?

The Permanent Lok Adalats for Public Utility Services shall function on all working days

except Sundays, Second Saturdays and Public Holidays and it follows the Calendar for State

Government of Uttarakhand. The timings of the Permanent Lok Adalats for Public Utility

Services are normal working court hours.

9. What type of nature of cases the Permanent Lok Adalats for Public Utility Services would decide?

The Permanent Lok Adalats for Public Utility Services would decide disputes relating to

deficiency of service, claims for compensation, recovery of money, etc., pertaining to all

utility services as mentioned in Section 22-A(b) of the Act.

10. Whether a party in a pending case before a Civil Court/Criminal Court or a Statutory Forum may approach Permanent Lok Adalats for Public Utility Services?

No. A party to a dispute can make an application to the Permanent Lok Adalats for Public

Utility Services for settlement, only before the dispute is brought before in any Court or

Statutory Forum, which is a per-requisite to approach the Permanent Lok Adalats for Public

Utility Services.

11. How to file an application before the Permanent Lok Adalats for Public Utility Services?

Though there is no specific performa to file an application before Permanent Lok Adalat.

However, applications can be filed before the Permanent Lok Adalats for Public Utility

Services, in person or by a recognized agent or by an advocate or by a duly registered clerk

of the Advocate and each application should be accompanied by supporting documents and

copies to be furnished to the Opposite Parties.

12. Whether it is compulsory for the parties to appear in person?

Appearance of the parties in person is indispensable at the time of conducting conciliation

proceedings between the parties but they may not be required to appear in person at the time

of filing of Applications or during entire proceeding of trial. However, if the parties fail to

reach an agreement they will be permitted to engage a Counsel/Advocate to assist them at

the time of arguments to decide the dispute on merit.

13. Is there any Court Fee to register a case in PLA ?

No, there is no Court Fee. The PLA for PUS is an inexpensive or free of cost forum for

amicable resolution of a dispute between an aggrieved person and a Public Utility Service

provider. Petitioner/complainant need not have to pay any Court fees however litigant has to

bear expenses for service of notice on the opposite parties by Speed Post AD / Courier

Service, etc.

14. Can a party invoke jurisdiction of any other Court in the same dispute?

No, after an application is made to the Permanent Lok Adalat, no party to that application

shall invoke jurisdiction of any other Court in the same dispute.

15. Whether the Permanent Lok Adalat is bound by the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872?

No, the Permanent Lok Adalat is not bound by the Code of Civil Procedure, 1908 and the

Indian Evidence Act, 1872 or any other specific act, but while conducting conciliation

proceedings or deciding a dispute on merit, it shall be guided by the principles of natural

justice, objectivity, fair-play, equity and other principles of justice. Further sec 22(2) of Act

also empower PLA For determination of dispute pending before it to adopt its own

procedure, meaning thereby for the end of justice PLA can adopt his own procedure which

should be based on natural Justice, Fair Play, Equity etc.

16. Is there any time limit for disposal of an application by the Permanent Lok Adalat?

There is no specific provision concerning this point in the Act but every application shall be

adjudicated as expeditiously as possible and every endeavor should be made to decide a

dispute within a reasonable time from date of posting of the matter for appearance of the

respondent/s and for filing statements by both parties.

17. Whether the Award passed by the Permanent Lok Adalat is final or appealable?

Every Award made by the Permanent Lok Adalat , whether declare on merit or in terms of a

settlement agreement, shall be final and binding on all the parties there to and on persons

claiming under them, no appeal can be filled against the order of PLA. So award/judgment

declare by PLA is not appeal-able however a writ can be filed in Hon’ble High Court against

such order.

18. How is an Award made by the Permanent Lok Adalat executed?

Award passed by PLA is executed through Civil Court having local Jurisdiction shall not be

called in question in any original suit, application or execution proceeding. Every Award

made by the Permanent Lok Adalat will be transmitted executed through a Civil Court

having local jurisdiction and such Civil Court shall execute the order as if it were a decree

made by that Court.

19. What is the difference between a Lok Adalat and a Permanent Lok Adalat for Public Utility Services ? and its brief procedure.

The main difference between these two Lok Adalats is when one of the parties to a dispute,

pending before any Court and referred to the Regular Lok Adalat established under section

19 of Legal Services Authority Act, 1987 or a pre- litigation case, does not agree, the other

party will be advised to pursue his remedies by approaching a Civil Court but in the

Permanent Lok Adalat established under Section 22B of Legal Services Authority Act, 1987

for Public Utility Services, even if one of the parties fail to reach an agreement during

conciliation proceedings, it may decide the dispute on merits under Section 22- C(8) of the

Act but before deciding the dispute on merits, PLA must try the conciliation proceedings for

amicable settlement of the dispute and forms the terms of settlement and only if the parties

fails to reach to settle the matter amicably, PLA will decide the matter on merits. In other

words once a complainant filed before PLA is within its jurisdiction, then PLA has no

escape from deciding the matter finally which can be through a settlement award and if

there is no possibility of settlement by PLA deciding the case on merit after taking evidence

in the same way a civil court does.

Some other differences between Lok Adalat and PLA are as follows:

20. What is the difference between a District Consumer Forum and a Permanent Lok Adalat for Public Utility Services?

Although there are some common points in the both the forums but while a District

Consumer Forum decides disputes mainly relating to ‘deficiency of service’, the Permanent

Lok Adalat decides disputes not only relating to deficiency of service by the Utility Services

as mentioned in Section 22-A of the Act but also decides claims for compensation, recovery

of money and compoundable offenses, concerning the Public Utility Services. Orders

rendered by the District Consumer Forum are appeal-able to the Consumer Disputes

Redressal Commission, with a further appeal to the National Consumer Disputes Redressal

Commission, but every Award made by the Permanent Lok Adalat under the Act, made

either on merit or in terms of a settlement agreement, is not appeal able to any Court and it

jurisdiction to decide the shall be final and binding on all the parties thereto and on persons claiming under them and

shall not be called in question in any original suit, application or execution proceeding. Only

Writ lies in the Hon’ble High Court.

21. Whether there is any time limitation to file applications before the Permanent Lok Adalat?

Though there is no specific provisions given for limitation to file a complaint in PLA and it

is guided by the principle of Natural Justice, equity but if there is abnormal delay in filling

the complainant. Complainant must show the valid reason for such delay.

22. Whether Lawyers can appear before the Permanent Lok Adalat?

Yes, Lawyers may appear before the Permanent Lok Adalat on behalf of the parties. They

can assist the parties in filing applications, drafting a written statement or additional

statement or reply thereto. Further they will be permitted to participate in the proceedings

only when one of the parties to the dispute fail to reach an agreement on the settlement of

the dispute and before passing of an award on merit.

23. What is the procedure where any party to dispute doesn't appear or participate in court proceeding ?

Though there is no specific provision like ex-parte is provide in Act yet as per sec 22C (6)

“it shall be the duty of every party to the application to cooperate in good faith with the PLA

in conciliation of dispute relating to the application and to comply with the direction of PLA

to produce evidence or the direction.” Moreover in Executive Engineer Electricity

distribution Div-2 vs state of U.P. writ no 42189of 2014 Hon’ble Allahabad High court dealt

with this point (ex parte) where an order was passed by trial court (PLA) for ex- parte

hearing of the matter against which a writ was filed by respondent and after perusing sec 22

C of Act Hon,ble High court dismissed the writ and ruled that “ A conjoint reading of 22-

C(7) and 22-C(8) clearly demonstrate the intended of the legislature that in such situation

where a party does not co- operate, a PLA can not sit helpless. In the event the respondent

does not come forward to co-operate, in view of sub sec 22C(8) PLA can proceed to pass

order and find no error in impugned order (ex parte) . So in case any party of dispute doesn’t

appear or cooperate with PLA than PLA may proceed the case in absence of that party.

24. What are the powers of Permanent Lok Adalat to take evidence?

Sec 22 of Act confers Permanent Lok Adalat the same powers as vested in civil courts under

the civil procedure code while conducting trial or sit, which specifically cover the authority

of court for summoning and enforcing attendance of witness , examining them on oath,

discovery and production of any documents, reception of evidence on affidavits, requisition

of any public records or documents from any court or offices and such other matters as

prescribed.