ALTERNATIVE DISPUTE RESOLUTION

SYSTEMS

REPORT

Submitted by
Aneesa M Thaha
Reg. No: 47417550013

In partial fulfillment of the practical training requirements in the

UNITARY LL.B DEGREE COURSE IN LAW

GOVERNMENT LAW COLLEGE

Barton Hill, Thiruvananthapuram, Kerala
Pin: 695037

JANUARY 2020
Dr. R. Biju Kumar
Principal
Government Law College
Thiruvananthapuram

CERTIFICATE

This is to certify that this is a bona fide record of the work carried out by Aneesa
M Thaha (Reg. No: 47417550013) towards the partial fulfillment of the practical
training requirements in Alternative Dispute Resolution Systems for the Unitary
LL.B Degree Course in Law during the year 2019.

Dr. R. Biju Kumar

Principal
Date:
Thiruvananthapuram

ACKNOWLEDGEMENT

I express my sincere gratitude to the Principal Dr. R Biju Kumar, Government Law
College, Thiruvananthapuram, for the encouragement and facilities given to me in
doing this work.
I extend my sincere and profound gratitude to Veena A. K., Assistant Professor,
Dr. Rini M. V., Assistant Professor and Deepthi Soman, Assistant Professor,
Government Law College, Thiruvananthapuram for their wholehearted support and
guidance for completing this project.

I sincerely thank District Legal Services Authority, Thiruvananthapuram for giving

me the opportunity to participate in Lok Adalath conducted at Alternative Dispute
Redressal Forum ,Vanchiyoor court complex and legal survey at Valiyathura ,
Pratheeksha matsyafed flat .

I am thankful to all the members of teaching and non teaching staff for the help
rendered by them whenever needed.

I would also like to thank my friends and family members without whose
support this project would not have been a reality.

DECLARATION

I hereby declare that this is a report on the bona fide work carried out by myself
(Register No: 47417550013) under the supervision of the faculty-in-charge
towards the partial fulfillment of the practical training requirements in Alternative
Dispute Resolution Systems for the Unitary LL.B Degree Course in Law during
the year 2019, and is a genuine document. No part of the same has been submitted
for any degree or any publication.
 Aneesa M Thaha
Reg. No: 47417550013
Government Law College
Thiruvananthapuram

CERTIFICATE

This is to certify that this is a bona fide record of the work carried out by Aneesa
M Thaha (Reg. No: 47417550013) under my supervision towards the partial
fulfillment of the practical training requirements in Alternative Dispute
Resolution Systems for the Unitary LL.B Degree Course in Law during the year
2019.

Faculty-in-charge:
 DEEPTHI SOMAN Dr. RINI. M. V VEENA. A. K
Assistant Professor Assistant Professor Assistant Professor

Date:
Thiruvananthapuram

CONTENTS

Sl. No. Title Page No.

1. Role Play 7

2. Lok Adalat 24

3. Field Survey 39
 ROLE PLAY

INTRODUCTION

Role playing or role enactment is a research technique in which the researcher asks
a subject to behave as if he or she were in some situation. Role play may be
defined as a technique in which people are presented with a real or artificial
environment and they are exposed to some kind of case or situation and they need
to exhibit the same in the form of roles. It is a spontaneous human interaction
involving realistic human behaviour under stimulated environment. It consists of
interviews or series of interview in which the participants or the trainees are
provided with a role brief and a set of circumstances which they need to enact. The
trainee develops a strategy to how he should react or think in a particular situation
and possible suggestive solutions for resolving the problem or analysing the
situation .He also learns and forecasts what the other party or as per the case may
be what can be the other reaction.

Objects of Role play as a training technique:

• It helps in developing a better understanding of the role.

• It helps in understanding how to handle a particular situation.
• It helps in developing better understanding of the issue and better decision
making.
• It helps in anticipating reaction of other party
• It helps in developing communication, management development and
leadership quality.
• It helps in improvement of interpersonal relationship.
• It helps in providing an insight to understanding behavioural patterns of others.

FACTS OF THE CASE

Alexander and Helen are the partners of the partnership firm doing construction
works. The partnership deed provided that the profit of the firm shall be equally
divided among the partners. The firm entered into a contract with B&C Fabrication
company for construction of their regional office at Kakkanad. The profit from the
contact was about 30 lakhs. Helen was abroad when the contract was entered.
Alexander hid the contract from Helen. Later Helen came to know of the contract.
Helen was annoyed and threatened to dissolve the firm. Alexander is ready to give
rupees six lakhs. The partnership deed had provisions for Arbitration in case of
disputes among the partners. The matter is to be decided by Arbitrator and it shall
be final and binding by the parties.

CHARACTERS

Partners of firm A- Alexander Thomas Alex P. Thomas (Roll No:10)

B– Helen Mathew Bea Mary Benny(Roll No:28)

Manager of Firm Arundathi Prabhakar Anumol A V (Roll No: 16)

Legal advisor Akshitha Padmanabhan Anjana A.(Roll No: 15)

Representative of A&C company Devaraja Amal S R (Roll No :11)

Arbitrator 1 Aneesa M Thaha (Roll No: 13)

Arbitrator 2 Animisha Sathyan (Roll No:14)
Arbitrator 3 Amala M John (Roll No: 12)

SCENE –1

(Three vacant chairs are seen (arbitrators) in front of that the parties sit face to
face)
Helen: Good morning ma’am.
Alexander: Good morning Ma’am.
Arbitrator: Good morning, today we are in the process of arbitrating the mater
between Mr. Alexander Thomas and Mrs. Helen Mathew Partners of A & H
construction firm
Arbitrator: well, we are the dispute determination clause and also on the basis of
arbitration agreement. I expect both of you to co operate, so that we can settle the
matter fairly.
All Parties: sure madam .
Arbitrator: Now I ask Mrs. Helen Mathew to narrate the facts.
Helen Mathew: I am Helen, the partner of A &H Firm. Me and Mr. Alexander are
the partners of the firm, established on 25/11/2010; we used to take technical
assistance from other firms and it use to affect our finance. So we both decided that
one of us will have to learn about this and it was also decided that I will be going
to attend a course on technical development and construction once in a year. So as
part of it I was away for 6 months from 01/02/2019 to 03/09/2019.I only came to
know about this contract with the B&C Fabrication Company for Rupees one
crore and firm got a profit of Rupees thirty lakhs. Mr. Alexander purposely hid this
from me .When I insisted on the dissolution of the firm, he offered me rupees six
lakhs. When I am lawfully entitled to rupees fifteen lakhs. It is clearly mentioned
in the partnership deed ma’am please refer
(Mrs. Helen Mathew produces the partnership deed and the arbitrators goes
through it).
So I am of the opinion that I should get either rupees fifteen lakhs or the
dissolution of the firm .
Arbitrator: Alexander, have you heard the facts ?
Alexander: yes ma’am.
Arbitrator: Is there anything you want add to your defence against allegation made
by Mrs.Helen?
Alexander: I accept whatever she has said till she left for England, but going
abroad even if it’s for the business doesn’t mean she should be away from the
proceeding s of the firm . I tried to contact her, but there was absolutely no way to
reach her. As there was a loss earlier in a contract with Francis&Sons Company
which I myself bore the burden of rupees ten lakhs. Mrs Helen didn’t contribute
the five lakhs then so this contract was essential for the firm and considering this as
a matter of emergency I enter into the contract for the benefit of firm and because
of this the firm earned a profit of rupees thirty lakhs. When Mrs. Helen enquired, I
gave her all the details and also offered her rupees six by balancing the loss from
the previous contract and the profit from this contract. I can’t understand the logic
behind her argument; the profit and loss is for the firm and not for me.
Helen: Then why are you taking Rupees twenty four lakhs all by yourself if it is of
the firm?
Alexander: Because I’m the firm , You are not even involved in the firm. I worked
and put in a lot effort for the firm while you were having a gala of time abroad.
Helen: How dare you say that I was enjoying abroad when I was actually having a
tough time studying.
Alexander: Is that so? You never bothered to contact me or the manager. You were
not even bothered about the proceedings in the firm.
Helen: Why on earth did you hide this from me? As far as I am concerned I never
got the information about the contract.
Alexander: This is what I have been saying all along, I tried my level best to
contact you but there was no way.
Helen: Oh please! Stop giving such lame excuses Mr.Alexander
(Mr. Alexander and Mrs. Helen get into an argument and the Arbitrators interfere
and ask them to maintain the decorum)
Arbitrator: You both please stop fighting ,We are here to sort things out through
Arbitration .I think we should move on to the second session of this proceedings
and I need to examine certain witnesses to check the correctness of the facts
provided by the both of you.

SCENE – 2
(The representative of the B&C Company Mr.Varma is called in by the arbitral
Tribunal)
Arbitrator: Are you the representative of the B&C fabrication company with whom
A&H construction firm entered into contract and made a profit of rupees thirty
lakhs , which is in fact the subject matter of the dispute.
Varma: Unfortunately YES!
Arbitrator : What’s your name?
Varma: Varma…..Deva Raja Pratapa Varma
Arbitrato : Whether you were aware that A&H construction firm had two
partners?
Varma: Well aware.
Arbitrator : Then why didn’t you raise your objection while entering the contract
that only one of the partners signed?
Varma: The managing partner was Alexander Thomas at that time and also the
manager told me about the position of the other partner so the sign of the other
partner is not relevant. So why should I waste my time , when all the legal
requisites are there.
Arbitrator: Are you acquainted with Mrs. Helen Mathew?
Varma: No.I have limited knowledge which was conveyed by the partner and the
manager of the firm. They told me that she was in London and they were trying
hard to contact her.
Arbitrator: What was the contract and also the amount?
Varma: The contract was for the construction of my regional office at Kakkanad.
And the contract amount was one crore.
Arbitrator: Do you have any trust issues regarding the contract you entered into
with A&H construction firm?
Varma: No. why would I be having trust issues? In business everything is based on
trust as far as I concerned. I am fully satisfied with A&H firms work and my
clients are also satisfied with us, that’s what I need .
Arbitrator: Thank you Mr. Varma for cooperating with us.
Varma: With pleasure.

SCENE -3
(The manager of A&H company)
Arbitrator: You are the manager of A&H Construction Firm, right ?
Manager: Yes, I am Arundhathi Prabhakar
Arbitrator: How long have you been working as the Manager of this Firm?
Manager: For the past 5 years, Since 2014.
Arbitrator: Is the contract with B&C fabrication Company is of the first time that
A&H firm is entering into a contract without the express consent of Mrs. Helen
Mathew?
Manager: Yes
Arbitrator: Why do you say so ?
Manager: Because, even after trying hard to communicate the contract details with
Mrs. Helen Mathew, we failed.
Arbitrator: How can it be possible to enter into a contract in the absence of the
other partner and say casually that you failed to communicate her?
Manager: During the time of entering into the contract Mrs. Helen was in London
and the contract was a great opportunity for the growth of the firm. As per the
provision of partnership deed it has been made specific. So it is possible.
Arbitrator: Don’t you think Mr. Alexander Thomas knowingly avoided her from
such a big contract?
Manager: No, why should he?
Manager: May be due to any personal enmity ?
Manager: I don’t think so, the relationship between Mr. Alexander Thomas and
Mrs. Helen Mathew was strictly professional and also at times he indemnified her
from loss due to previous contracts.
Arbitrator: Is that so?
Manger: Yes, a contract preceding the contract with Mr Varma was a total loss and
at that time also Mrs. Helen was abroad .So Mr. Alexander balanced the debt.
Arbitrator: What do you think of dissolution of the firm as raised by Mr. Helen?
Manager: It will be a tough decision to dissolve the company right now,
considering the contracts already engaged in and its impact on the employees. It
will be a utter disaster.
Arbitrator: Thank you for coming.
Manager: You are welcome.

SCENE – 4
(The Legal Advisor of the firm)
Arbitrator: So you are the legal advisor of A&H construction firm ?
Advisor: Yes and I am Akshitha Padmanabhan.
Arbitrator: How long have you been working in this Firm?
Advisor: For about 9 years since the firm started functioning in 2010.
Arbitrator: Can you admit that all the contracts entered by this firm so far are in
strict compliance with the rules and provisions of the Partnership deed.
Advisor: Of course, each and every contract was in strict compliance with legal
provisions.
Arbitrator: Are you the one who prepares the contract documents of the firm?
Advisor: Yes , sometimes under my supervision
Arbitrator: So this means that you are well acquainted with the documents of
contract with B &C Company and why don’t you think that the signature of
Mrs.Helen as a Partner is irrelevant?

Advisor: I don’t think Mrs. Helen’s signature is irrelevant with respect to the
contract entered by the firm but, by considering the situation and for the growth of
the firm it was not a contract to miss; under the provisions of partnership deed for
the growth of the firm it can be done.
Arbitrator: Don’t you think it is a wilful negligence to avoid sharing profits with
Mrs. Helen?
Advisor: How can we determine whether a contract is profitable or if it will be a
loss before entering into a contract and I don’t think even though Mrs. Helen did
not sign the contract , she is left with nothing. As per partnership, profit or loss she
is entitled to equal share.
Arbitrator: What about dissolution of the Firm?
Advisor: It is clearly provided that either of the parties can initiate the dissolution
process but one condition is to be satisfied, that is the partner should provide one
months notice in writing to other partner.
Arbitrator: Do you think this contract is violative of any legal provision?
Advisor: I would say no.
Arbitrator: Thank you for your time.
Advisor : My pleasure .

SCENE 5
(The concluding scene –the final sitting)
Arbitrator: I had a talk with your firm’s manager, legal Advisor and Mr. Varma of
B&C Company with whom the contract was entered and was the subject matter.
now I need to clarify certain things with both of you.
Helen: Okay
Alexander: Okay
Arbitrator: Mrs. Helen, I accept your claim partially, not fully as hiding the
contract is only a matter of accusation and Mr. Alexander tried to contact you
based on your all available information.
Helen: Like I said I never got the information, isn’t that true? So it clearly shows
that Mr. Alexander was hiding the facts intentionally.
Alexander: You might have never got it. But I tried my maximum even if I want to
hide and take the profit alone by myself , why should I ever give rupees six lakhs
to you even when you didn’t put any effort in it.

Helen: What is the logic behind giving me rupees six lakhs while I am entitled to
rupees fifteen lakhs, this is total injustice and violation of our partnership deed,
then why should I stick on to this firm, dissolution is the only way.
Alexander: On what ground are you going to dissolve the firm?
Helen: I can’t explain, Go through the partnership deed once you will understand,
you are sitting for arbitration so please grow up .
Alexander: Why do you have to say such unnecessary things here , you are the one
who should grow up .Six lakh rupees is more than enough for you.
Helen: I want my complete share of profit as an equal partner.
Alexander: Equal partners are the ones who are involved in the firm you are not
even bothered about what’s going on.
Helen: Well then I will dissolve the firm.
Alexander: Are you threatening me?
(Arbitrators try to maintain the decorum)
Arbitrator: Both of you should maintain the decorum of this process and speak
only when we ask you to do so. We heard both of you and as part of evidence
collection went through important documents, and heard some other parties
involved directly in this matter so let us have discussion among ourselves , so that
we can reach at a common decision.

AWARD
Arbitrator 1: After hearing both parties, How do you think about an amicable
settlement?
Arbitrator 2: After taking into consideration, the partnership deed of this firm I
believe it is an undisputed fact, that both the parties share the profit and loss
equally. But we must also admit the fact that Mrs. Helen has failed to understand
the loss suffered by firm in the prior transaction. That is not a justifiable mistake.
But in the current case, I feel that Mr. Alexander had purposefully kept away the
details of the contract from Mrs. Helen . I think in these details of the contract from
Mrs.Helen. I think in this age of advanced technology it is an absurdity to say that
one party failed to contact the other. So I strongly believe that Mrs.Helen must be
given an equal footing and profit must be shared equally after taking into
consideration the earlier loss, that means an amount of 10 lakhs to Mrs.Helen and
20 to Mr.Alexander.
Arbitrator 1: so what is your opinion..?
Arbitrator 3: I am afraid that I cannot agree with what my fellow arbitrator has
said. How can we compare the effort taken by Mr.Alexander and Mrs. Helen, when
Mrs. Helen from the beginning has shown a lukewarm response to the firm’s
administration. I don’t know how one can justify the inability of a partner to know
the loss suffered by the firm. That experience itself is clear evidence to the
negligent behaviour of Mrs. Helen. Here in this particular case also, she should
have kept in touch with the partner to know the proceedings, at least she must have
appointed a managing partner in case of her absence. Even that has not taken place.
I don’t believe it is a pardonable silly mistake. Mrs. Helen deserves nothing more
than 6 lakhs, that will be the perfect performance of the natural justice.
Arbitrator 2: so both of you have expressed your opinion logically. Any how we
must derive at an amicable solution to do complete justice. Though my fellow
arbitrators have came up with dissenting opinion, I believe there is more substance
and justice is what she (Arbitrator 1) has said.
FOLLOWED BY THE AWARD

ARBITRAL AWARD
Award pronounced on 9 Dec 2019 by the arbitrator in the matter of the
arbitration between Mr.Alexander Thomas and Mrs Helen Mathew, Directors of A
and H firm. After examining all the available evidence, witness and
documents, this arbitration has come to the following conclusions.

Mrs Helen and Mr.Alexander are entitled to get equal profit and loss as per
the articles of association. But Mrs Helen from the beginning had shown some
kind of lackadaisical approach in firm administration. Her claim that she went
London for educational purpose is well accepted by this arbitration, but her general
lethargy in firm administration has caused inconvenience to the co partner.

After discussing with all the concerned parties, this tribunal has come to the
conclusion that winding up of the company is not the solution and perfect justice
must be done to both the parties

In consideration of the earlier loss suffered by the company in the earlier

contract with francis and sons company which was met by the first party alone
,second party is liable to first party for an amount of 5 lakhs.

So the first party is entitled for an amount of 20 lakhs and second party is
entitled for an amount of 10 lakhs from the total profit accrued from the contract
with B&C Company
LOK ADALAT

CERTIFICATE
This is to certify that this is a bona fide record of the work carried out by Aneesa
M Thaha (Reg. No: 47417550013) under my supervision towards the partial
fulfillment of the practical training requirements pertaining to Lok Adalat for the
Unitary LL.B Degree Course in Law during the year 2019.

Faculty-in-charge:

DEEPTHI SOMAN Dr. RINI. M. V VEENA. A. K

Assistant Professor Assistant Professor Assistant Professor

Date:
Thiruvananthapuram

INTRODUCTION

The Constitution of India is the fundamental law of the land. Part IV Articles 36 to
51 of the constitution deals with Directive Principles of state policy, which are the
ideas which the Union and State Governments must keep in mind while they
formulate policy or pass a law. By virtue of Article 39A, the State is under positive
duty to secure that the operation of legal system promotes justice on the basis of
equal opportunity. The State should also provide true legal aid to ensure that
opportunity for securing justice is not denied to any citizen by reason of economic
or other disabilities.

In order to ensure these rights more effectively, the parliament has enacted the
Legal Service Authorities Act, 1987. One of the main objectives of this Act is to
organize Lok Adalats in order to ensure that the operation of legal system promotes
justice on the basis of equal opportunity and also to ensure free and speedy trial of
a suit with a settlement which satisfies both the parties.

Relevance of Lok Adalat

The Lok Adalat is a forum in which dispute between individual can be settled
amicably. Though this activity takes place outside the court, the settlement arrived
at the Adalat has the sanctity of the verdict of a court. The importance of such out
of court settlements have been underlined by the honourable Supreme Court on a
number of occasions as courts are overburdened by the arrears appearing to be
insoluble in near future and most of the cases to become infructuous. The
important fact is that most of these cases can be settled without much fuss outside
the court. Hence, Lok Adalats has received good welcome in every field of life
inlitigation. It also has procedural flexibility in order to save time and money
avoiding the long and cumbersome legal proceedings for the underprivileged
community.

In order to enlighten the student on the noble profession of lawyering before the
students are let into the real world, there is need to explore the possibilities of
litigations, dispute, resolution etc. Hence it has been included in the practical
training portion of the curriculum. LokAdalat is the important competent in the
practical training since it has tremendous impact on the society and Judiciary.

CHARACTERISTICS OF LOK ADALAT

The expression "Lok Adalat” refers to a summary procedure for disposal of cases
pending in various courts through this process of arbitration and settlement
between parties at the instance of the institution called Lok Adalat. Thus it is an
alternate dispute settlement mechanism. Thought it can be called a court, it does
not however follow all the proceedings prescribed by the Code of Civil Procedure
or the Code of Criminal Procedure.

The Award made by the Adalat is not a judgement, but it is a record or statement
or settlement arrived at by the parties. Even then an award of Lok Adalat shall be
deemed 'to a decree of civil court and is therefore in their way executable as many
other decree of a Civil Court or an order of a criminal court.

Every award made by a Lok Adalat shall be final and binding on all parties to the
disputes and no appeal shall be to any court against this awards. However, it can be
modified on agreement between the parties, at a subsequent date, by Lok Adalat
itself if requested.

Organization and Composition

By virtue of section 19 of the Legal Services Authorities Act, 1987, every State
Authority, District Authority, Supreme Court Legal Services Committee or the
Taluk Legal Services Committee may organize Lok Adalat for settlement of cases
pending in courts.

The Secretary of the High Court Legal Services Committee organizing the Lok
Adalat shall constitute Benches of the Adalat. Each shall comprise of two or three
of the following members:

A sitting or retired judicial officer

A serving or retired judicial officer
 A member of the legal profession
A Social Worker

The Chairman of the Taluk Legal Services Committee Organizing the Adalat shall
Constitute Benches of Adalat and it comprises of two or three of the following
members:

A Sitting or retired judicial officer

A Member of the Legal Profession
A Social Worker.

These authorities are charged with two functions. The first is to formulate schemes
for rendering the Act practical and execute them and the second function is to
organize Lok Adalat for the Supreme Court, High Court and to the District and
Taluk level courts.

Jurisdiction of Lok Adalat

The jurisdiction of Lok Adalat is not restricted to any parameters of law and
procedure. It controls a procedure of its own and is guided by principles of justice,
equity and fair play and other legal principles in disposing of matters brought
before it.

The territorial jurisdiction of the Lok Adalat is same as that of the court in relation
to which the Adalat is organized. Similarly, subject matters over which the Lok
Adalat exercise jurisdiction are also the same as those of the court in relation to
which the whole Adalat is organised.
Both the civil and criminal cases which are pending before the courts can be
brought before the Lok Adalat for settlement and award. However, the whole
Adalat shall have no jurisdiction in respect of any case or matter relating to an
offence not compoundable under any law.

A case pending in a court may be referred to Lok Adalat on an agreement between

the parties or an application made by one of the parties to the Court for referring
the case to Lok Adalat for settlement. So also, the courts can suo moto refer a
pending case to Lok Adalat.

PURPOSE OF LOK ADALAT

The main purpose of .Lok Adalat is to bring the parties to a settlement in cases
whenever there are such possibilities. When cases are referred to a Lok Adalat it
shall make sincere efforts to bring about a conciliatory settlement in every case put
before it without bringing any kind of coercion, threat or undue influence. Every
Lok Adalat shall while determining any reference before it, act with at most
expectation to arrive at a compromise of settlement between the parties and shall
be guided by principles of justice, equity and fair play and other legal principles.

The Code of Civil Procedure places on the presiding officers of the court a duty to
encourage the parties in dispute for settlement of matters amicably, such effort may
not be possible always for, any effort to bring the parties together by the trial by
the trial court itself may be misconstrued as step favouring one or the other in order
to get one such objectives, Lok Adalat is conceived as an enlightened and
competent high level third party alternative mechanism to help litigants in solving
their problems.

ADVANTAGES

The institution of Lok Adalat has caught minds of the people and is becoming
popular. A reference to this subject dealt by Lok Adalat has been great help to a
large number of litigants. Matters which could have been settled in one sitting, but
getting prolonged in courts find on instant solution at Lok Adalat dispute relating
to municipal taxes, insurance claims, compensation for land acquisition are the
cases when the amount due are paid or received as the case may be in satisfaction
in Adalat itself
Cases involving mutual relations and compoundable crimes are finding easy access
to the Lok Adalat in certainly and few do not survive even after the judgement of
the courts find revival of conciliating and friendship. Here in lies the purpose of
Lok Adalat.

It is a matter of common knowledge that cases of civil or criminal are normally

direct in a manner so as to secure a favourable judgement and also to silent the
precedents already available. Drafting of defences also follows the same course.
This makes the proof of allegations risky, difficult and dangerous. If there is an
institution which can describe the reality of law involved of the parties, a
settlement or compromise can be easily achieved and Lok Adalat can be
summarized as:

It reduces the burden of work in regular courts. It makes justice guided.

It avoids regular procedure in court and help to arrive at a decision in argued terms.

Since there is no provision for appeal against the award, it becomes final and
binding from the date of award.

REPORT OF LOK ADALAT

The adalat was held on 24 January 2010 from 10 AM onwards at Alternative

Dispute Redressal Forum, Vanchiyoor Court Complex.The Adalat was chaired by
sri.M.Thaha and .35 cases were taken up to be heard in the
adalat.Among them we attended 18 issues that were taken up in the morning
session that lasted till 1.30 PM.The following are the list and details of the cases
that we have attended.
PL273348/19- Mr. Sreedharan was the plaintiff and KSEB was the defendant.since
KSEB representative was not present, the judge directed to sent a notice again to
the KSEB.The matter was postponed for 28.2.2020

PL27353/19-A lady named Sumati was the petitioner. her husband was the
defendant. she claimed that her husband is trying to kill her. since the husband
was not present the court directed the SHO Sreekaryam to produce the husband
before adalat and case was postponed.

PL 27536/19 -Vijayan was the plaintiff and pubilc relations Department was the
respondent. The issue was a promotion dispute and both the parties were not
willing for settlement. therefore the adalat asked the plaintiff to approach the
administtrative tribunal or the High Court of Kerala.

PL2783/19The petitioner was a lady named Smitha Gopinathan and the

defendant was HDFC Bank. Smita had taken loan from the bank but the builders
of the flat stopped the working so construction work got disrupted and she was
unable to make the payment back to the bank. Now there is the dispute regarding
completion of the work and repayment of loan. Since the representative of of
bank was not present the case was adjourned to 28 February 2020.

PL 31836/19Ms. Achamma was the plaintiff and Pattam Cooperative Bank was the
respondent. she had taken loan from the bank and is liable to pay back rupees 3
lacs. But now she has no means to make the repayment and the bank is willing to
make a settlement for rupees 240000 but the lady claims that she has no means
even to do the same. So the Adalat directed the the representatives of the bank
to discuss the issue India board meeting and take a decision inconsideration of
the pathetic condition of the woman. The bank for the same.

PL 31837/19KV Iyyappan Achari is the plaintiff and KSFE is the respondent. He has
to to make the repayment of the loan. In the meanwhile he has submitted
request to the government for relaxation of loan amount. Mr Ayyappan wants
KSFE to put in hold any further action till the government order comes. The Adalat
observe that such a demand is not within the purview of Adalat. Anyhow it asked
KSFE to grant sometime and they agreed for a time period of 3 months. The issue
was settled.

PL31841 Mr Madhusudhan was the plaintiff and panchayat secretary, Vanchiyoor,

was the defendant. The dispute was regarding Canal construction. The Adalat
asked secretary to raise the issue in the panchayat committee. Secretary agreed
to the same. The Adalat asked both parties to come after the panchayat
committee meeting and to make a final settlement.

PL 31842 Sushila is the plaintiff and Satish is the defendant. Sushila is the wife of
Satish and their marital relationship is strained. The present case was for
maintenance. The maintenance issue was settled and the Adalat referred the
couple for the counselling offered by legal services authority.

PL 31845 Mr Satish was the plaintiff and there was a cheque case .Since the
defendant was not present the case was adjourned to 28 February 2020.

PL 31846 Vanajakshi Amma was the plaintiff and Ashoka Kumari is the defendant.
The defendant is the daughter of the plaintiff. The case was regarding
maintenance of mother. The issue was settled after an amicable discussion.

PL 31847 Mr Paramasivan Nair is the plaintiff and Holy financiers is the

respondents. The dispute was regarding repayment debt. Mr Paramasivan
needed 45 days time period and the financiers agreed to the same and the issue
was settled.

PL 31848 Mr Rejimon was the plaintiff and Retail Management was the
defendant. Dispute was regarding non repayment of money to the supplier. Since
the defendants were absent Adalat directed to serve the notice again and
adjourned the case to 28 February 2020.

PL 31849 The plaintiff was Rani and defendant Mr. Joseph. Both the parties were
absent.
PL 31888 Binimol was the plaintiff and Star Health insurance is the
defendant.though the plaintiff has joined the insurance the amount was not given
when the plaintiff had a disease. The insurance company says that there was a
mistake in the form. Finally the dispute was settled where the company asked the
plaintiff to submit a new form.

This Adalat has shown how amicable settlement could be reached when both the
parties come to a consensus. But the willingness for consensus is not shown by
many of the parties that further leads to litigation in the court. The limitations in
the power of the Adalat is a issue. Likewise high amount of absenteeism is a
hindrance in dispute settlement. However the Adalat enabled parties who are
really willing to put an end to cases arrive an amicable settlement in the presence
of mediator

CRITICAL ANALYSIS

Due to tremendous and progressive development of justice it is becoming rather

difficult for the Courts to cope up with the ever-increasing cases with the present
infrastructure and manpower. There is serious problem of overcrowding of
dockets. Therefore, if there was at the threshold a permanent mechanism or
machinery to settle the matters at a pre-trial stage, many matters would not find
their way to the Courts. .In order to reduce the heavy demand on Court time, cases
must be resolved by resorting to 'Alternative Dispute Resolution' Methods before
they enter the portals of Court. Here comes the significance of Lok Adalat which
has showed its significance by settling huge number of Third Party claims referred
by Motor Accident Claim Tribunal (MACT). Except matters relating to offences,
which are not compoundable, a LokAdalat has jurisdiction to deal with all matters.

When the dispute is at a pre-trial stage and not before a Court of Law it can be
referred to LokAdalat. Parliament enacted the Legal Services Authorities Act
1987, and one of the aims for the enactment of this Act was to organize LokAdalat
to secure that the operation of legal system promotes justice on the basis of an
equal opportunity. The Act gives statutory recognition to the resolution of disputes
by compromise and settlement by the LokAdalats. There is a need for
decentralization of justice.

LokAdalat now is playing sole role in solving disputes and settling MACT cases. It
has become a Dispute Management Institution. It is an informal system of dispute
resolution. It is the best provisions by the effort of judiciary. According to Legal
Services Authorities (Amendment) Act 1994 effective from 09-11-1995 has since
been passed, LokAdalat settlement is no longer a voluntary concept. By this Act
LokAdalat has got statutory character and has been legally recognized.

CONCLUSION
Alternative Dispute Resolution, since its introduction in the Indian Judicial system,
has come a long way. Mediation centers all over the country have opened up for
fast and effective resolution of disputes. Delhi is one of the cities whose Mediation
center has seen a lot of success stories in the last decade. Delhi has become one of
the first cities in India to “effectively” reduce its pendency of cases through
mediation. The mediation centers in Delhi’s six district courts have settled over 1
lakh cases in the past ten years and have contributed significantly in bringing down
the pendency in city courts. A variety of cases such as matrimonial disputes,
property rows, minor criminal cases, civil cases and accident cases, besides old
ones and pre-litigation matters, too, have been settled by the six mediation centers.

Apart from Delhi, some other states where mediation is gaining ground are
Karnataka, Kerala and Tamil Nadu.

Thus, we can undoubtedly say that ADR as a dispute resolution process has
come a long way and is seeing more and more success stories day by day. It is a
boon to the judicial system. It is expected that in the near future mediation and
other ADR systems will play a big role in fixing the justice delivery system and
making it more efficient by solving the arrears of pending cases which the
judiciary is overburdened with at present.
 FIELD SURVEY

CERTIFICATE

This is to certify that this is a bona fide record of the work carried out by
FATHIMATH SAHLA SALIHUDEEN (Reg. No: 47417550035) under my
supervision towards the partial fulfillment of the practical training requirements
pertaining to Field Survey for the Unitary LL.B Degree Course in Law during the
year 2019.

Faculty-in-charge:

DEEPTHI SOMAN Dr. RINI. M. V VEENA. A. K

Assistant Professor Assistant Professor Assistant Professor

Date:
Thiruvananthapuram
 CERTIFICATE

This is to certify that this report on Legal Survey and Lok

Adalat is a bonafide work carried out by the candidate Fathimath

Sahla Salihudeen, Reg. No: 47417550035, at Pullampara

GramaPanchayat from 22 December 2019 to 27 December 2019

by the NSS unit of Government Law College,

Thirunananthapuram as part of 7-day Special Camp. It is also

certified that she has participated in the Lok Adalat held on 28th

December 2019 at Janatha Higher Secondary School,

Thempammood under the auspices of Taluk Legal Service

Authority, Nedumangad.

Date: Dr. Anju Rajan

Thiruvananthapuram N.S.S. Program Officer

Government Law College

 Thiruvananthapuram

FIELD SURVEY

As part of the syllabus of Alternate Dispute Redressal Systems in the Unitary LL.B
Course, the students conducted field survey on the 25 th and 26th day of December
2019 in different parts of Pullampara Grama Panchayath, Nedumangad Taluk,
Thiruvananthapuram.

Methodology
• At 9.30 a.m. after morning assembly and breakfast, the volunteers and final
year Unitary LLB students assembled at the Janatha Higher Secondary School
which was the center for the Adalat scheduled. The students were divided into
several groups and each group were assigned different wards within the
Panchayat for survey.
• The group members visited the houses in the allotted ward for collecting the
cases for the Adalat. Upon visiting the houses within the ward, the students
informed the residents about the Adalat that was to be held at Janatha Higher
Secondary School, Thempammood on 28th December, 2019. Those who
wished to address their disputes through the Adalat were given the information
regarding it.
• They were also given legal awareness on the purpose of Lok Adalat, the type of
cases that can be settled in a Lok Adalat (cases related to the service of various
Government Departments such as Panchayat, KSEB, and Water Authority etc.
along with other civil and inter individual legal issues on waste disposal,
Sewage Pipe Outflow, Boundary disputes).
• The complaints were noted down in questionnaire form for the survey.
• The Procedure followed at the Adalat and details of the Presiding officers of the
scheduled Adalat were intimated to the residents.
• Various complaints were received related to pollution, right-of-way issues,
property disputes, and problems with government schemes. Only a few families
responded that there were no legal issues for them.
• The survey came to an end at around 2 pm in the noon, and all the details
received from the area were handed over to the authority in-charge. All the
information we received are first-hand information.
The method we had used to conduct the survey was by making an enquiry based on
the facts and details received by Taluk Legal Service Authority. We had conducted
personal interviews with the concerned persons on the authenticity of the
information received. Before, going into the procedural formalities of the survey,
we had introduced to them about the actual purpose for which the survey was
conducted and the benefits they can get through revealing their issues which needs
to be redressed legally. This in-depth the method of survey was conducted in the
form of an informal conversation so that we could get the real description of their
problems from all the dimensions. Further, through using this methodology we are
able to probe into the most complex issues, which cannot be extracted through a
rigid questionnaire as well as to extract clear and precise answers with extended
co-operation and support. Another convenience of using the technique is that it is
more flexible and we are able to put up questions based on the responses given by
the persons, which on most occasions had ended up with receiving of exact and
unbiased responses that completely revealed the intensity of the issues they are
experiencing for a long time.

While conducting the survey, we got an opportunity to talk with families belonging
to the lower class and middle class groups and also collect all possible information
even by taking photographs of the matter in issue. We came to know about an
array of legal issues they are facing in that locality. We covered about fifteen to
twenty houses in the area. We had taken the details of their cases in the prescribed
form given from the authorities and also we took their address, name and phone
numbers and told them that they will be contacted with the other details once
everything was finalized.
Objectives of the Survey

The objective of conducting this field study or survey is very wide. At times people
get involved in disputes, which becomes a source of concern for all those who are
involved. Though there are traditional court systems to handle such disputes
through litigation, there are many other alternate dispute redressal mediums
available. These ADR mechanisms include Arbitration, Conciliation, Negotiation,
Mediation and Lok Adalat. By making use of these techniques the disputing parties
can resolve their problems more easily and cost-effectively compared to that of the
procedure oriented and expensive court systems. However, most of the common
people are not aware of these ADR mechanisms and hence they are continuing
with the traditional system of litigation through courts. Therefore, the primary
objective of our study is to create awareness among the local public about the
alternate facilities that are available for their dispute redressal, how far they are
effective to resolve their unique problems, as well as the various remedies they are
entitled through these alternate litigation procedures. The following are the
objectives of this particular study:

• To create an awareness among the ordinary people about the importance of

settling disputes outside the scenario of the regular court rooms and that too
without infringing the harmonious relationships between the parties.
• To make them aware of the benefits of the ADR facilities such as the Lok
Adalat and its flexibility, speed, responsiveness and cost-efficiency to suit their
requirements.
• The importance of getting involved in the entire dispute resolutions process and
the amount of commitment it would render in generating a better outcome.
• To educate the people about the compliance of ADR procedures, that is, about
those aspects such as the parties getting an opportunity to tell their part of the
 dispute more elaborately in their own words rather than through the words of
the counsel and much more.

Benefits of Survey

In the comprehensive scenario of legal study, conducting field surveys are

extremely beneficial in understanding about the different issues that are being
faced by the ordinary persons in our society. No other methods would be more
effective than carrying out field surveys in certain areas. When compared to other
research techniques, the method of implementing field surveys as part of legal
study could ensure a more accurate and genuine output which would help to
provide effective legal services and legal aid to the common man that helps to
settle their disputes and grievances in an amicable manner. The common man gets
a chance to have knowledge about the various new alternate dispute redressal
mechanisms which are now available in our legal system and their benefits.

The other benefits that we had experienced while conducting this field survey to
find and sort out the various legal issues include the following:

• Provides an effective opportunity to interact with different sects of people.

• Enables to collect volume data from an increased number of respondents.
• Helps understand their thoughts about our current legal system and procedures
followed in the courts during litigation.
• Allows the respondents to provide answers that are more precise and perfect.
• Enables to extract from the respondents the real legal issues they are facing in
their daily life and ensures more honest and accurate responses as there is
confidentiality.
Apart from this wide array of benefits, conducting field surveys help the
researchers to collect the required data rather easily. Further, whenever confusion
arises about any matter discussed, we get an opportunity to clarify as to what
exactly was meant by the respondent. However, one should not forget the fact that
the success of any field survey largely depends on the methods that are being
utilized by the person who is conducting the survey. Therefore, to get benefitted
with the real output expected from the survey we need to make use of simple,
effective and user-friendly field survey techniques.

Conclusion

Conducting field survey as part of the legal education is an effective means to

reach out to the majority of the ordinary public. These surveys would help the
students to get acquainted with the variety of legal issues existing in and around
the residential areas in the outskirts of the city as well as in villages and coastal
areas. Further, such surveys are highly beneficial in the sense that the ordinary
people who are only aware of the normal litigation procedures will get first-hand
information about the recent changes in the dispute settlement methods. Through
these surveys such people can be made aware of the easy and cost effective
procedure that helps to solve their particular disputes available in the present day
legal system. So in our opinion these surveys are really beneficial. However, the
Government and officials should take more steps to initiate educating the public
about the different legal aids that are available around us other than the court
system.