PERMANENT LOK ADALAT
FOR PUBLIC UTILITY SERVICES
Mediation, Conciliation & Family Counselling Centre, III Floor, Metro. Criminal Courts,Red Hills, Hyderabad– 500 004 Telephone 23442499
--oOo—
Why is a Permanent Lok Adalat for Public Utility Services ?
In order to get over the major drawback in the existing scheme of organisation of
LokAdalats under Chapter VI of the Legal Services Authorities Act, 1987, in which if the parties do notarrive at any compromise or settlement, the unsettled case is either returned back to the Court oflaw or the parties are advised to seek remedy in a court of law, which causes unnecessary delayin dispensation of justice, Chapter VI A was introduced in the Legal Services Authorities Act, 1987,by Act No.37/2002 with effect from 11-06-2002 providing for a Permanent Lok Adalat to deal withpre-litigation, conciliation and settlement of disputes relating to Public Utility Services, as definedu/sec.22 A of the Legal Services Authorities Act, 1987, at pre-litigation stage itself, which wouldresult in reducing the work load of the regular courts to a great extent.
What is a ‘Public Utility Service’ ?
2. A ‘Public Utility Service’, as defined by Sec.22A(b) of the Legal Services
Authorities Act,1987, means any-
(i) transport service for the carriage of passengers or goods by air, road or water; or
(ii) postal, telegraph or telephone service; or
(iii) supply of power, light or water to the public by any establishment; or
(iv) system of public conservancy or sanitation; or
(v) service in hospital or dispensary; or
(vi) insurance service
(vii) banking institutions & other financial institutions (included byG.O.Rt.No.1839 Law (LA& J – Home Courts.A1) Department dt.12.12.2006.
When and in which places Permanent Lok Adalats for Public Utility Services areestablished ?
3. A.P. State Legal Services Authority is the first in India to establish six
Permanent LokAdalats for Public Utility Services, u/sec.22B of the Legal Services Authorities Act, 1987, atHyderabad, Karimnagar, Guntur, Visakhapatnam, Chittoor and Kadapa, vide G.O.Ms.No.161 ofFinance (SMPC) Department dt.21-06-2006 and they were inaugurated by the Hon. Justice Shri Bilal Nazki, Executive Chairman, A.P.State Legal Services Authority, on 3rd March, 2007, atKadapa.
What are Plans for Establishment of Permanent Lok Adalats in other Districts of Andhra
Pradesh ?
4. Nine more Permanent Lok Adalats for Public Utility Services are being
established duringthe current financial year 2007-08 and by next year, all 23 districts in Andhra Pradesh will havePermanent Lok Adalats for Public Utility Services.
What is the Territorial Jurisdiction of Permanent Lok Adalats for Public Utility Services?
5. The territorial jurisdiction of a Permanent Lok Adalat for Public Utility Services,
establishedfor six districts, is the respective district, as notified by the A.P.State Legal Services Authority,Hyderabad, by Notification No.1/APSLSA-LSW/2006 dt. 08-08-2006 and published in A.P.GazetteNo.668 dt.23-11-2006.
What is the Territorial Jurisdiction of the Permanent Lok Adalat for Public UtilityServices, Hyderabad?
6. The territorial jurisdiction of the Permanent Lok Adalat for Public Utility
Services,Hyderabad, is over all areas of Hyderabad District, which includes municipal limits of the twincities of Hyderabad and Secunderabad, but excludes areas falling under Greater HyderabadMunicipal Corporation.
What is the Pecuniary Jurisdiction of Permanent Lok Adalats for Public Utility Services ?
7. The pecuniary jurisdiction of Permanent Lok Adalats for Public Utility Services
is overmatters where the value of the property does not exceed ten lakh rupees. (Rs.10 Lakhs)
Whether Permanent Lok Adalats for Public Utility Services can dispose of criminalcases?
8. Yes, Permanent Lok Adalats for Public Utility Services have jurisdiction in
respect ofmatters relating to an offence compoundable under any law.
Where are Permanent Lok Adalats for Public Utility Services located?
9. While the Permanent Lok Adalat for Public Utility Services, Hyderabad, has
beenaccommodated in the Mediation & Conciliation Centre on III Floor of Metropolitan Criminal Courts, Red Hills, Nampally, Hyderabad-500 004, the Permanent Lok Adalat for Public Utility Services,Karimnagar, Guntur, Visakhapatnam, Chittoor and Kadapa, are accommodated in Nyaya SevaSadans at their respective places.
What are working days & hours of Permanent Lok Adalats for Public Utility Services?
10. The Permanent Lok Adalats for Public Utility Services shall function on all
working daysexcept Sundays, Second Saturdays and Public Holidays and follow the Calendar for Subordinatecourse.The timings of Permanent Lok Adalats for Public Utility Services are from 10-30 AM to 2-00PM (with a lunch recess between 2-00 PM and 2-30 PM) and 2-30 PM to 5-00 PM.
What type of cases do Permanent Lok Adalats for Public Utility Services decide ?
11. Permanent Lok Adalats for Public Utility Services do decide disputes relating
to deficiencyof service, claims for compensation, recovery of money, etc., petaining to all utility services asmentioned in Sec22A(b) of the Legal Services Authorities Act, 1987, namely, transport service forpassengers or goods by air, road or water; postal, telegraph, telephone; supply of power, light,water to the public by any establishment; system of public conservancy, sanitation; service inhospital or dispensary; Insurance, Banking and other Financial Institutions.
What is composition of Permanent Lok Adalat for Public Utility Services?
12. Every Permanent Lok Adalat shall consist of a Chairman and two other
members havingadequate experience in the Public Utility Services, as notified by the State Government on therecommendations of the A.P.State Legal Services Authority and the Chairman, Permanent LokAdalat for Public Utility Services, shall hold the Bench in combination of two other membershaving experience in that particular Public Utility Service as far as possible.
Recently, the Government of A.P., has issued G.O.Ms.No.56 Law (LA&J-Home-courts.A1)Dept. dt.1.6.2007, approving a panel of 22 other Members, drawn from notified Public UtilityServices, u/sec.22B(2)(b) of the Legal Services Authorities Act, to constitute a Bench comprisingthe Chairman and two members from each utility service to resolve disputes relating to PublicUtility Services.
Whether a party in a pending case before a Civil Court or a Statutory Forum mayapproach Permanent Lok Adalats for Public Utility Services ?
13. No. A party to a dispute can make an application to the Permanent Lok
Adalats for PublicUtility Services for settlement, only before the dispute is brought before in any Court or Statutoryforum, which is a pre-requisite to approach the Permanent Lok Adalats for Public Utility Services.
How to file an application before the Permanent Lok Adalats for Public Utility Services?
14. Applications can be filed before the Permanent Lok Adalats for Public Utility
Services inForm No.III, in person or by a recognised agent or by an advocate or by a duly registered clerk ofthe Advocate between 10.30 AM and 5.00 PM on any working day but each application should beaccompanied by supporting documents and copies to be furnished to the Opposite Parties.
Whether it is compulsory for the parties to appear in person ?
15. Yes. Appearance of the parties in person is indispensable at the time of
conductingconciliation proceedings between the parties but they may not be required to appear in person atthe time of filing of Applications in Form-III. However, if the parties fail to reach an agreementu/sec.22 C (7) of the L.S.A.Act, they will be permitted to engage a Counsel/Advocate to assistthem at the time of arguments to decide the dispute on merit u/sec.22 C(8) of the LSA Act.
Is there any Court Fee ?
16. No, there is no Court Fee. The PLA for PUS is an inexpensive forum for
amicable resolutionof a dispute between an aggrieved person and a Public Utility Service and thepetitioner/complainant need not have to pay any Court fee while filing an application in Form-IIIbut he/she has to bear expenses for service of notice on the opposite party/ies by Speed Post AD/ RPAD / Courier Service, etc.
Can a party invoke jurisdiction of any other Court in the same dispute?
17. No, after an application is made to the Permanent Lok Adalat, no party to that
applicationshall invoke jurisdiction of any other Court in the same dispute.
Whether the PLAPUS is bound by the Code of Civil Procedure, 1908 and the Indian
Evidence Act, 1872 ?
18. No, the PLAPUS is not bound by the Code of Civil Procedure, 1908 and the
Indian EvidenceAct, 1872, but while conducting conciliation proceedings or deciding a dispute on merit, it shall beguided by the principles of natural justice, objectivity, fair-play, equity and other principles ofjustice as per Sec.22 D of the Legal Services Authorities Act.
Is there any time limit for disposal of an application by the PLAPUS ?
19. Yes, every application shall be adjudicated as expeditiously as possible and
everyendeavour should be made to decide a dispute within a period of 60 days from date of posting ofthe matter for appearance of the respondent/s and for filing statements by both parties.
Whether the Award passed by the PLAPUS is final or appealable ?
20. Every Award made by the Permanent Lok Adalat under the LSA Act, made
either on meritor in terms of a settlement agreement, shall be final and binding on all the parties thereto and onpersons claiming under them as per Sec.22 E (1) and shall not be called in question in any originalsuit, application or execution proceeding as per Sec.22 E (4) of the Legal Services Authorities Act.
How is an Award made by the PLAPUS executed ?
21. Every Award made by the PLAPUS will be transmitted to a Civil Court having
localjurisdiction and such Civil Court shall execute the order as if it were a decree made by that Courtas per Sec.22 E (5) of the LSA Act.
What is the difference between a regular Lok Adalat and a Permanent Lok Adalat for
Public Utility Services?
22. 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 or a pre-litigation case, does notagree, the other party will be advised to pursue his remedies by approaching a Civil Court but inthe Permanent Lok Adalat for Public Utility Services, even if one of the parties fail to reach anagreement during conciliation proceedings, it may decide the dispute on merits u/sec.22C(8) ofthe LSA Act and such a decision shall be final and binding on all the parties thereto and onpersons claiming under them u/sec.22 E (1) and shall not be called in question in any original suit,application or execution proceeding as per Sec.22 E (4) of the Legal Services Authorites, Act.
What is the difference between a District Consumer Forum and a Permanent Lok Adalatfor Public Utility Services?
23. While a District Consumer Forum decides disputes mainly relating to
‘deficiency of service’,the PLAPUS decides disputes not only relating to deficiency of service by the Utility Services asmentioned in Sec.22 A of the LSA Act but also decides claims for compensation, recovery ofmoney and compoundable offences, concerning the Public Utility Services.Orders rendered by the District Consumer Forum are appealable to the A.P.State ConsumerDisputes Redressal Commission, Hyderabad, with a further appeal to the National ConsumerDisputes Redressal Commission, New Delhi, but every Award made by the Permanent Lok Adalatunder the LSA Act, made either on merit or in terms of a settlement agreement, is not appealableto any Court and it shall be final and binding on all the parties thereto and on persons claimingunder them as per Sec.22E(1) and shall not be called in question in any original suit, applicationor execution proceeding as per Sec.22 E (4) of the Legal Services Authorities Act.
On failure to comply with the order/s rendered by the District Forum/State
Commission/National Commission such a person shall be liable for punishment with imprisonmentfor a term, which shall not be less than one month but which may extend to three years, or withfine, which shall not be less than two thousand rupees but which may extend to ten thousandrupees or with both.On failure to comply with the awards rendered by the Permanent Lok Adalat for PublicUtility Services, the Permanent Lok Adalat may transmit any award made by it to a Civil Courthaving local jurisdiction and such Civil Court shall execute the award as if it was decree made bythe Court.
Whether there is any limitation to file applications before the PLAPUS ?
24. Yes, there is a statutory limitation to file applications before the PLAPUS as
per theprovisions of the Limitation Act, 1986.
Whether Lawyers can appear before the PLAPUS ?
25. Yes, Lawyers may appear before the Permanent Lok Adalat on behalf of the
parties at thediscretion of the Chairman. They can assist the parties in filing applications in Form-III, drafting a written statement oradditional statement or reply thereto but they will be permitted to participate in the proceedingsonly when one of the parties to the dispute fail to reach an agreement on the settlement of thedispute as provided by Sec.22 C (7) and before passing of an award on merit u/sec. 22 C (8) ofthe LSA Act.
Status Report
26. After issuance of G.O.Ms.No.56 Law (LA&J-Home-courts.A1) Dept.
dt.1.6.2007, approvinga panel of 22 members for the PLA for PUS, Hyderabad, u/sec.22 B (2) of the LSA Act, 10,123cases were filed by or against some of the Public Utility Services but mostly by Banking/FinancialInstitutions and 3,095 cases were settled and a compensation of Rs.6,71,25,977/- was awardedby the PLAPUS, Hyderabad, from 06-06-2007 to 30-4-2008 as follows:-______
Sl. Nature of No. of No. of Amount of No. of Any other Any other legal
No. Cases cases Cases Compensation Cases relevant services pro-
Instituted Disposed or Relief Pending Information grams of DLSA
Awarded Rs. Attended by
The Chairman
PLA PUS. If so,
Details thereof.
1.Transport: by
Air 9 3 37985 6
2. Transport: by
Road 2 1 100 1
3.Postal Service
- Courier 3 2 10660 1
4.Telephone
Service 1077 451 4111680 626
5.Water Service 164 115 272983 49
6. Electricity
Service 4 2 0 2
7.Medical
Service 1 1 0 0
8. Insurance
Service 7 6 260000 1
9. Banking
Service 6290 1804 54160618 4486
10.Financial
Institutions 2566 710 8271951 1856
TOTAL: 10,123 3,095 6,71,25,977 7,028
(i) Creatingawarenessabout PLA forPUS, Hyd,throughtelecasts inTV9 Telugu, ETV Urdu,DoordarshanUrdu; slideshows inCinemaTheatres inTwinCities;anddistribution ofpamphlets,stickers and Form-III throughNewspaperAgents:andbroadcaststhrough FMRadios – RadioCity-91.1FMand RadioMirchi-98.3FM
.
(ii) Presidingover a DailyLok Adalatfor MetroCriminal/CivilCourts, RedHills,Hyderabad,and
Extendingfree legal aidand adviceto all eligiblepersons andfunctioningas anextension of
CCCLSA,Hyderabad,underChapter VI ofthe LSA Act.
.
27. OTHER LEGAL SERVICES:
1. Legal Services Helpline 23442499 (from 10.30 AM to 5.00 PM) & 9440901039
(Chairman, PLAPUS, Hyderabad) 9440901065 (Secretary, CCCLSA, Hyderabad)
before 10.30 AM and after Adalat hours but restricted to residents of Hyderabad
Secunderabad, excluding areas of Greater Municipal Corporation of Hyderabad,
falling under Ranga Reddy District, who have to contact 9440901059 of the
Secretary, Legal Services Authority, Ranga Reddy District.
2. Extended Legal Services of City Civil Court Legal Services Authority, HyderabadCity,
including Secunderabad but excluding areas of Greater Municipal Corporation of
Hyderabad, falling under Ranga Reddy District, who have to contact 9440901059 of
the Secretary, Legal Services Authority, Ranga Reddy District;
3. Lok Adalat for CentralGovt.IndustrialTribunal-cum-LabourCourt,HyderabadCity;
Nature of CasesNo. of CasesCompensation/
Disposed of Amount Awarded
Rs. /-
Lok Adalat for CGIT Cases I.Ds/R.Cs. 29 Reinstatement of 29 workersof Singareni
Colleries Ltd.
4. Daily Lok Adalat for Metro.Criminal/Civil Courts, Hyderabad includingSecunderabad;
S.No. Nature of Cases No. ofCases Compensation/
Disposed of Amount Awarded (Rs._)
I. Calendar Cases 4767
1 U/sec.138 of theN.I.Act: II.
Cases at S.R.Stage 1649 6,416 35,75,67,414/-
2 I.P.C. Cases 2,898 4,10,20,661/-
3. M.V.O.Ps. 144 1,72,87,333/-
4. Marriage O.Ps. 5 2,71,000/-
5. Prohibition & Excise Cases 75 17,200/-
6. Pre-litigation Cases: (Civil,
Matrimonial & Cases (PWDV Act) 100 13,69,594/-
Total: 9,638 41,75,33,202/-
5. Mediation, Conciliation & Family Counselling Centre, Hyderabad includingSecunderabad – ‘access to justice for all’on all judicial working days.28. Clarifications, if any, can be had from the District Judge-Chairman, Permanent Lok Adalat for Public Utility Services, Hyderabad,
in person or on Landline Phone No.23442499 or on mobileNo. 9440901039.
K.ASHOK BABU - DISTRICT JUDGE-CHAIRMAN,
Permanent Lok Adalat forPublic Utility Services,Hyderabad-500 004.
Form No.:III (Application Proforma)
BEFORE PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES,
RED HILLS, HYDERABAD-500 004.
Permanent Lok Adalat Case No.: /2008
Between:
…Petitioner/s
And
…Respondent/s
------
1. Addresses of the Parties with Tel/Mobile Nos.:
Petitioner/s :
Respondent/s :
2. Set out the brief facts of the case and facts showing the cause of
action in consecutive numbered paragraphs (use separate sheet if
necessary):
3. Value of the Relief:
4. Set out the reliefs claimed:
]Petitioner/s
Verification
I do hereby declare that what is stated in paragraphs ______is true to my
knowledge (or the contents of the application are read over and explained to me in
Telugu and admitted by me to be true and correct to the best of my knowledge) I did not
make any application for the same relief before any other Legal Forum or statutory body.
The application may be taken up under Chapter VI or VI-A of the LSA Act and I put my
signature/thumb impression on this the ____day of ______, 2008.
Signature of Petitioner/s
List of Documents
S.No. Date of Document Description of Document
1.
2.
3.
Signature of Petitioner/s
Courtesy:-
1