India's justice system frequently faces delays and expenses. Most cases are dragged on for years, with both courts and litigants bearing the costs. To reduce this, India's legal system instituted Lok Adalats—dispute resolution tribunals that resolve disputes rapidly and cheaply. Among these, Permanent Lok Adalats (PLAs) serve a vital purpose in resolving disputes, particularly in public utility services.
PLAs provide an organised, accessible, and efficient means of solving disputes without protracted litigation. They provide justice to common folk through effective disposal of cases. Let us discuss their meaning, roles, powers, and importance.
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What is a Permanent Lok Adalat?
A Permanent Lok Adalat (PLA) is a quasi-judicial forum formed under the Legal Services Authorities Act, 1987. The purpose of the PLA is to settle disputes involving public utility services before they escalate to regular courts. PLAs differ from other Lok Adalats in that they operate permanently and can order decisions in cases if parties do not resolve issues through conciliation.
Also, Find out What is National Lok Adalat?
Key Features of Permanent Lok Adalat
Permanent Lok Adalats (PLAs) provide an organized and accessible dispute settlement mechanism, especially for public utility services. Their peculiarity assures efficiency, affordability, and finality in settling disputes.
1. Pre-Litigation Dispute Settlement
PLAs deal with cases prior to formal litigation.
It spares time and money for both sides.
2. Conciliation First, Decision Later
They initially attempt to settle disputes by way of negotiation.
In case of failure of conciliation, they are empowered to make a decision.
3. Binding Decisions
PLA decisions are final and binding on both parties.
There is no appeal against PLA rulings.
4. No Court Fees
Filing cases in a PLA is free of cost.
This makes justice available to all.
5. No Need for Lawyers
Individuals can present their cases without the help of lawyers.
This makes the process of resolving disputes easy.
Find out Advantages of ADR Over Litigation
Jurisdiction of Permanent Lok Adalat
Permanent Lok Adalats resolve disputes about public utility services speedily before cases reach ordinary courts. They address civil cases but not criminal cases. Their jurisdictions cover:
Transport Services: Disputes concerning railways, airlines, buses, metro, and taxis, including cancellations, delays, and accidents.
Postal and Telecommunications: Postal delays, missing parcels, mobile network problems, and broadband disputes.
Electricity and Water Supply: Billing faults, disconnection, power outages, and inadequate supply.
Healthcare Services: Medical negligence, refusal of treatment, and government hospital disputes.
Sanitation Services: Refuse disposal, sewer problems, and filthy public toilets.
Insurance Services: Claim refusals, delays, and policy disputes.
Also, Get to Know What is meant by Pre Litigation?
Limitations:
PLAs cannot handle criminal cases.
They do not have jurisdiction over disputes exceeding ₹1 crore.
Legal Structure of Permanent Lok Adalats
Permanent Lok Adalats (PLAs) operate under Sections 22B to 22E of the Legal Services Authorities Act, 1987. The following sections specify their setting up, jurisdiction, procedure, and conclusiveness of orders.
Section 22B: Sets up Permanent Lok Adalats for adjudication of disputes in public utility services like transport, water, electricity, and telecommunication.
Section 22C: Permits a person to apply directly to a PLA for the resolution of a dispute without first having to approach a court.
Section 22D: Mandates PLAs to try conciliating between parties prior to making any determination. This provides a chance for mutual resolution.
Section 22E: States that orders passed by a PLA are final in nature and cannot be challenged in any court, save by way of a writ petition.
Also, Know What is the Legal Framework for ADR in India
Powers and Role of Permanent Lok Adalat
Permanent Lok Adalats (PLAs) have quasi-judicial power to effectively resolve disputes. PLAs operate as civil courts but are oriented toward conciliation and compromise before the awarding of binding decrees. The following are their chief powers and role:
1. Summons and Hearing of Evidence
PLAs are capable of calling for witnesses, requisitioning submission of documents, and hearing evidence.
PLAs have identical powers with a civil court as granted under the Code of Civil Procedure (CPC), 1908.
2. Hearing of Conciliation Proceedings
Prior to making a ruling, a PLA is required to try conciliation between parties.
It promotes settlements between parties, minimizing hostility and litigation expenses.
3. Passing Binding Rulings
In case of failure in conciliation, PLAs can pass a final ruling.
Their rulings have the same legal status as a civil court judgment.
4. No Court Fee Mandate
Disputes can be filed by parties for free, making justice accessible and affordable.
This eliminates the cost of litigation.
5. Enforcing Settlements
PLAs make both sides adhere to mutually agreed settlements.
The moment a settlement is documented, it is legally binding.
6. No Appeal Against PLA Orders
According to Section 22E, orders given by PLAs cannot be appealed in any court.
This gives finality and avoids long legal wars.
7. Dealing Only with Public Utility Disputes
PLAs settle transport, electricity, water, telecom, healthcare, and sanitation-related cases.
They do not settle criminal cases or disputes worth more than ₹1 crore.
Benefits of Permanent Lok Adalat
Permanent Lok Adalats (PLAs) offer quick, affordable, and accessible justice compared to regular courts. Their easy procedures and binding orders ensure efficient justice for people and decongest the judiciary.
Quick Justice: The cases are settled much quicker than in regular courts.
Affordable: No court costs or lawyer fees make justice within reach.
Less Court Burden: It lightens the load of regular courts.
No Legal Complications: Simple processes enable simple people.
Finality of Orders: No appeal avoids undue delay.
Challenges of Permanent Lok Adalat
Although Permanent Lok Adalats (PLAs) have a very effective dispute resolution system, they also suffer from certain constraints. They are as follows:
Limited Jurisdiction: PLAs settle only a certain category of disputes about public utility services.
No Appeal Procedure: The decisions are final, and thus, some parties might be unhappy.
Awareness Problems: Few people are aware of PLAs and their advantages, thus confining their applications.
Dependency on Conciliation: If parties do not cooperate, the process may fail, leading to delays.
In a nutshell,
Permanent Lok Adalats act as important instruments to quicken justice delivery processes while making it accessible to everyone. Permanent Lok Adalats function as a solution to court backlog problems while giving people a different route for conflict resolution. Their work achieves two important effects on India's judicial system: they enhance court efficiency through award settlement and dispute resolution through conciliation. However, increased awareness and outreach in extending their purview can more effectively expand their reach. Mergers of other forms of dispute resolution, like PLAs, will help create a more effective system of justice for all.
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Permanent Lok Adalat: FAQs
Q1. Can a lawyer represent me in a Permanent Lok Adalat?
A PLA requires no legal representation because people may represent themselves in the process. The accessibility of the legal proceedings increases because parties have the choice to act on their own behalf.
Q2. What is the difference between Lok Adalat and Permanent Lok Adalat?
Although both seek speedy resolution of disputes, Lok Adalats are ad hoc institutions that deal with various cases. Permanent Lok Adalats are always in function and deal with disputes relating to public utility services.
Q3. What is the effect of a PLA decision on the parties?
A PLA decision binds the parties, and they must abide by it. It gives a final decision to the dispute.
Q4. What if parties fail to agree on a settlement in a PLA?
If conciliation does not work, the PLA can provide a binding order to settle the dispute.
Q5. Are Permanent Lok Adalats available in every state?
Yes, PLAs are created under the Legal Services Authorities Act of 1987 and are available in all states of India to settle public utility disputes.
