REPORT ON

LOK ADALAT

SUBMITTED BY,
SREEDURGA MU
ROLL NO: 68
9TH SEM B.A.LL.B
 TABLE OF CONTENTS
PART 1 – GENERAL PART ………………………………………2

INTRODUCTION…………………………………………………………….……...3

ARBITRATION…………………………………………………………………..…..4

MEDIATION…………………………………………………………………………6

CONCILIATION…………………………………………………………………….7

NEGOTIATION..........................................................................................................8

PART 2 – LOK ADALAT…………………………………………..9

ORGANISATION AND STRUCTURE OF LOK ADALATS…………………...10

PROCEDURE FOLLOWED IN A LOK ADALAT……………………………………...12

ADVANTAGES OF LOK ADALAT………………………………………………………14

ADVANTAGES OF ADR…………………………………………………………………..14

DISADVANTAGES OF ADR……………………………………………………………...16

PART 3- REPORT ON LECTURE SERIES…………………….17

CONCLUSION…………………………………………………….25

1
 PART - 1
GENERAL PART

2
 INTRODUCTION
The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a
substitute to the conventional methods of resolving disputes. ADR offers to resolve all type of
matters including civil, commercial, industrial and family etc., where people are not being able to
start any type of negotiation and reach the settlement. Generally, ADR uses neutral third party
who helps the parties to communicate, discuss the differences and resolve the dispute. It is a

method which enables individuals and group to maintain co-operation, social order and provides
opportunity to reduce hostility.

Importance of ADR in India

To deal with the situation of pendency of cases in courts of India, ADR plays a significant role in
India by its diverse techniques. Alternative Dispute Resolution mechanism provides scientifically
developed techniques to Indian judiciary which helps in reducing the burden on the courts. ADR
provides various modes of settlement including, arbitration, conciliation, mediation, negotiation
and lok Adalat. Here, negotiation means self-counseling between the parties to resolve their
dispute but it doesn‘t have any statutory recognition in India.
ADR is also founded on such fundamental rights, article 14 and 21 which deals with equality
before law and right to life and personal liberty respectively. ADR‘s motive is to provide
socialeconomic and political justice and maintain integrity in the society enshrined in the
preamble. ADR also strive to achieve equal justice and free legal aid provided under article 39-A
relating to Directive Principle of State Policy(DPSP).

Few important provisions related to ADR

Section 89 of the Civil Procedure Code, 1908 provides that opportunity to the people, if it appears
to court there exist elements of settlement outside the court then court formulate the terms of the
possible settlement and refer the same for: Arbitration, Conciliation, Mediation or Lok Adalat.
The Acts which deals with Alternative Dispute Resolution are Arbitration and Conciliation Act,
1996 and, The Legal Services Authority Act, 1987.

3
 ARBITRATION

Arbitration is a form of dispute resolution. Arbitration is the private determination of a dispute

by an independent third party. An arbitration hearing may involve the use of an individual
arbitrator or a tribunal. A tribunal may consist of any number of arbitrators though some legal
systems insist on an odd number for obvious reasons of wishing to avoid a tie. One and three
are the most common numbers of arbitrators. The disputing parties hand over their power to
decide the dispute to the arbitrator(s). Arbitration is an alternative to court action (litigation),
and generally, just as final and binding (unlike mediation, negotiation and conciliation which
are non-binding).General principles of arbitration are as follows:
The object of arbitration is to obtain a fair resolution of disputes by an impartial third party
without unnecessary expense or delay.
Parties should be free to agree how their disputes are resolved, subject only to such safeguards
as are necessary in the public interest.
Courts should not interfere.
Arbitrators, or Tribunal members, are commonly appointed by one of three means:
1. Directly by the disputing parties (by mutual agreement, or by each party
appointingone arbitrator)
2. By existing tribunal members (For example, each side appoints one arbitrator and
thearbitrators appoint a third)
3. By an external party (For example, the court or an individual or institution
nominatedby the parties)
Arbitration, while being nicknamed the ‗businessman‘s method of resolving disputes‘, is
governed by state and federal law. Most states have provisions in their civil practice rules for
arbitration. These provide a basic template for the arbitration as well as procedures for
confirmation of an arbitrator‘s award (the document that gives and explains the decision of an
arbitrator), a procedure that gives an award the force and effect of a judgment after a trial in a
court. Many states have adopted the Uniform Arbitration Act, although some states have
specific and individual rules for arbitration.
Classifications Of Arbitration.
1. Commercial Arbitration is the most common of disputes. Just as it sounds, it is
adispute between two commercial enterprises.
2. Consumer Arbitration surrounds disputes between a consumer and a supplier ofgoods
or services.

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3. Labor Arbitration involves the settlement of employment related disputes. This formor
arbitration can be divided into two main categories: Rights Arbitration and Interest
Arbitration.
4. Rights Arbitration (a.k.a. Grievance Arbitration) deals with the allegation that
anexisting collective agreement has been violated or misinterpreted. Various
legislatures require that the parties who enter into a collective agreement set out a
procedure for the handling of disputes and differences. The idea is that parties should
be obliged to meet at different steps in their own specific grievance procedure to
review and discuss the grievance. However, the fact is that the parties themselves
cannot resolve many disputes and for this reason arbitration is necessary so that the
matter may be determined. Typical arbitration awards deal with a complaint that a
specific item in collective agreement has been violated.
5. Interest Arbitration (a.k.a. Contract Arbitration) is normally imposed by a statute, and
involvesadjudication on the terms and conditions of employment to be contained in a
resulting collective agreement. Since statutes, usually prohibit a legal strike, or lock
out, these contract disputes must be resolved somehow; in this case by interest
arbitration. For example, collective bargaining in a new collective agreement covering
a fire force or a hospital may break down into an irresolvable deadlock. The
contractual matters still in dispute between the parties would be put to an interest
arbitrator or tribunal for a ruling and determination, which would then form the
relevant provisions of the collective agreement between the two parties. The kinds of
labor disputes taken to an arbitrator are as many and as different as the wide range of
decisions and actions that effect employers, employees and trade unions. Liability can
span from cents to millions, and there can be a solitary griever or a union of grievers.
It is also worthy to note that some labor disputes employ ‗med/arb‘ to resolve their
differences as opposed to straight arbitration. Med/arb takes place when disputants
agree from the start that if mediation fails to result in agreement the mediator, or
another neutral third party, will act as arbitrator and be empowered to reach a binding
decision for disputants.

5
 MEDIATION

Mediation is one of the alternative dispute resolutions which are voluntary and informal process
for resolution of disputes. Mediation is a process which is under the control of the parties. The
mediator acts as a middle person who helps to come on a negotiated common point of their
dispute. They are trained professionals or sometimes attorneys who assist the parties in dispute
to meet at a common place where they can discuss their issues and can try to negotiate to reach
at a common output. A mediator uses special kind of conversation and communication to
resolve the parties dispute.
The parties can appoint the mediators themselves with mutual consent or the court may appoint
the arbitrators in pending litigation. In Mediation, the parties are the decision makers.
Mediators don‘t decide what is right or wrong or what is fair or unfair. Mediator can‘t impose
his opinion upon the parties but he can suggest and help the parties to reach a mutual accepted
agreement. Mediators may hold joint meetings or can meet with the disputed parties together or
separately and can suggest some possible solutions, provide options to compromise, or provide
advice and guidance but they cannot impose their opinion or try to solve the dispute forcefully.
In mediation, both parties are responsible for reaching the outcome. The role of the parties in
mediation is not to convince the mediator but to come up with a common solution which is
acceptable by both the parties. Mediation is an informal method of settling disputes, while it
consists of basic rules or procedures.

The decision of the mediation is nonbinding upon the parties. If the disputed parties have
agreed for the process of
mediation then it is not binding upon them to agree upon the proposed opinion of the Mediator.
The mediator can suggest, give opinions and can tell what to do or what not but he can‘t force
the parties to attend the mediation if they are not interested to continue. Mediation can be
divided into two categories which is commonly followed in India: Court referred mediation
The court may refer the pending case to a mediator for mediation if they think there is
possibility for the settlement of the case. The act of referring cases is given in Section 89 of the
civil procedure code, 1908. These kinds of mediation are used in matters like divorce cases or
cases which deals under Negotiable Instrument Act, 1881. Private mediation In this kind of
mediation, the professional and trained person works as Mediator. The general public,

6
government authorities, personnel from corporate sector or anyone from court can approach
them for settling their dispute through mediation.

CONCILIATION

It is an informal process in which conciliator i.e. third party tries to bring the disputants to
agreement. He overcomes the disputable issues by lowering the tension, improvement in
communication, interpreting issues, providing technical assistance, exploring potential
solutions and bringing the negotiated settlement before the parties. Conciliator adopts his own
method to resolve the dispute and the steps taken by him are not strict and legal. There is no
need of agreement like arbitration agreement. The acceptance of settlement is needed by both
of the parties.
Kinds of Conciliation.Voluntary Conciliation- In this method parties can voluntarily participate
in the process of conciliation for resolving their dispute.Compulsory Conciliation- If parties do
not want to take the opportunity of
voluntary conciliation then they can go for compulsory conciliation. In this method, if the
parties do not want to meet the other party to resolve the dispute then the process is said to be
compulsory. This method is commonly used in labour cases.
Procedure of Conciliation. The objective of the conciliation proceedings is to reach upon
mutual terms, speedy and cost-effective settlement of the dispute. Section 62 discuss the
initiative of conciliation will start when one party will send Written Invitation to conciliate
upon the matter to the other party. There will be the commencement of procedure if the other
party accepts the invitation in writing to conciliate. If the other party rejects the invitation or the
party who is willing for the conciliation does not get a reply from the other party within Thirty
days then it will be treated as a Rejection of the Invitation. Section 65 explains the submission
of the statements of both the parties to the conciliators. Each party should submit a brief written
statement regarding dispute as requested by the conciliator. The statement should describe the
general nature of the dispute and the points of issue. Each party should send a copy of their
statement to the other party. The conciliator can also ask for the submission of written
statements which includes issues of the parties, grounds of settlement etc. These statements
must be supplemented by evidence, documents or visual representation. The copy of the same
statement must be sent to the other party. Conciliator can also request for additional documents
whenever he needs them. According to Section 67(3) and 69(1), the conciliator can set up

7
meetings for the parties or he can meet parties together or separately. The place of meeting can
be decided by parties or conciliators. He can also communicate with the parties orally or in
written form. He must also consider the party‘s expressed wishes like quick settlement of the
case which also depends upon the circumstances of the case.
Conciliator is the third party who is involved in settling the dispute of the parties. Generally,
there is one conciliator for the settlement but there can be more than one conciliator, if the
parties have requested for the same. If there is more than one conciliator then they will act
jointly in the matter. Section 64 deals with the appointment of conciliator which states that if
there is more than one conciliator then the third conciliator will act as the Presiding Conciliator.

NEGOTIATION

A negotiation is a strategic discussion that resolves an issue in a way that both parties
find acceptable. In a negotiation, each party tries to persuade the other to agree with his or her
point of view. By negotiating, all involved parties try to avoid arguing but agree to reach some
form of compromise.
Negotiations involve some give and take, which means one party will always come out on top
of the negotiation. The other, though, must concede—even if that concession is nominal.
Parties involved in negotiations can vary. They can include talks between buyers and sellers, an
employer and prospective employee, or governments of two or more countries.

8
 PART – 2

LOK ADALAT

9
 LOK ADALAT

A Lok Adalat, which translates to a "People's Court", is a means of settling a dispute by a

process conducted by a State Authority. It is regulated by the Legal Service Authorities Act,
1987. The advantage of a Lok Adalat is that no court fees have to be paid and there are no strict
procedural requirements that have to be followed. This makes proceedings cost effective and
allows for a quick settlement of the dispute at hand. The proceedings are usually presided over
by retired judges or lawyer who will give their decision in the matter. The object of a Lok
Adalat is to reach a settlement between the parties based on a compromise. No appeal shall lie
to any court of law against such a settlement.

Legal Services Authorities Act, 1987

Article 39-A of our Indian Constitution in the 42nd Amendment on the basis of the 14th Report
of the Law Commission 1958, provides ―Free Legal Aid‖ and ―Equal Justice‖ to all irrespective
of socio economic barriers. The Legal Services Authorities Act1987 was enacted primarily for
providing the ―easy access‖ to the weaker sections for the ―Equal Justice‖ and ―rapid Justice‖.
The Apex court held clearly in the decision in Hussainara Khatoon v. The State of Bihar that
―the Right to free Legal Service is implicit in Article 21 of our Constitution.‖

The Legal Services Authorities Act, 1987, was enacted to give a statutory base to legal aid
programmes throughout the country on a uniform pattern. The Act was brought into force with
effect from Ninth September one thousand nine hundred ninety five, almost eight years after its
enactment, after certain amendments were introduced therein by the Amendment Act of 1994.
Hon. Mr. Justice R.N. Mishra (the then Chief Justice of India) played a key role in the
enforcement of the Act.

ORGANISATION AND STRUCTURE OF LOK ADALATS

Lok Adalats may be organized at such intervals and places and for exercising such jurisdiction
and for such areas as State Authority or District Authority or the Supreme Court Legal Services
Committee or every High Court Legal Services Committee or, as the case may require.

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COMPOSITION:

Every Lok Adalat constituted for an area shall consist of such number of serving or retired
judicial officers; and any other person.

JURISDICTION:

Lok Adalat has the jurisdiction to determine and to arrive at a compromise or settlement
between the parties to a dispute in respect of any case pending before; or any matter which is
falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat
is organized.

(a)Any case pending before any court

(b)Any case not brought before any court. Permanent Lok Adalat

In 2002, Parliament brought about certain amendments to the Legal Services Authorities Act,
1987. The said amendment introduced Chapter VI-A. According to the amendment, the Central
or State Authorities may establish by notification, Permanent Lok Adalats for determining
issues in connection to Public Utility Services.

Public Utility Services include:

 Transport service,
 Postal, telegraph or telephone services,
 Supply of power, light and water to public,
 System of public conservancy or sanitation,
 Insurance services and such other services as notified by the Central or State
Governments.

PERMANENT LOK ADALAT‘s have the same powers that are vested on the Lok-Adalats,
mentioned under Section 22(1) of the Act.

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PROCEDURE FOLLOWED IN A LOK ADALAT

The Lok Adalat is usually presided over by a sitting or retired judicial official as the chairman
with two other members, a lawyer and a social worker. It has been observed through experience
that cases involving monetary disputes are easily settled through Lok Adalats. Therefore, most
motor road accident disputes are brought to Lok Adalats. The primary condition of the Lok
Adalat is that both parties in dispute should consent to the settlement. It is necessary that the
parties involved in the dispute are wholeheartedly involved in the justice dispensing system and
do abide by the decision given by the Lok Adalat.

There is no court fee. If the case is already filed in the regular court, the fee paid will be
refunded if the dispute is settled at the Lok Adalat. The procedural laws and the Evidence Act
are not strictly followed while assessing the merits of the claim presented to the Lok Adalat.
The decision of the court is binding on the parties to the dispute and its order is capable of
execution through legal process. No appeal lies against the decision of the court. Lok Adalat is
very effective in the settlement of money claims. Disputes like partition suits, damages and
matrimonial cases can also be easily settled before Lok Adalat as the scope for compromise
through an approach of give and take is high in these cases. Lok Adalat is indeed a boon to the
litigant public, where they can get their disputes settled fast and free of cost.

CASES SUITED FOR LOK ADALAT

Lok Adalats have the competence to deal with the following cases:

 Compoundable civil, revenue and criminal cases.

 Motor accident cases
 Partition Claims
 Matrimonial and family disputes • Bonded Labour disputes
 Land acquisition disputes
 Bank‘s unpaid loan cases
 Arrears of retirement benefits cases
 Cases which are not under the jurisdiction of any Court.

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 POWERS OF THE LOK ADALATS

The Powers bestowed on Lok Adalats are as follows:

1. It has the power of the Civil Court, under the Code of Civil Procedure, 1908, while
trying a suit, in respect of the following matters:-

a. Power to summon and enforce the attendance of any witness and to

examine him/her on oath.
b. Power to enforce the discovery and production of any document.
c. Power to receive evidence on affidavits, d. Power for requisitioning of
any public record or document or copy thereof or from any court.
d. Such other matters as may be prescribed.

2. Every Lok Adalat shall have the power to specify its own procedure for the
determination of any dispute coming before it.
3. All proceedings before a Lok Adalat shall be deemed to be judicial proceedings
within the meaning of Sections 193, 219 and 228 of IPC.
4. Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and
Chapter XXVI of Cr.P.C.

FINALITY OF THE LOK ADALAT AWARD

During the Lok Adalat, the parties agree to abide by the decision of the judge at the LokAdalat.
However, it has been seen that the same order is challenged on several grounds. In one of the
recent cases, the Supreme Court of India has once again laid to rest all such doubts. In
unequivocal terms, the Court held that the award of the Lok Adalat is as good as the decree of
the Court. The award passed by the Lok Adalat is the decision of the Court itself though arrived
at by the simpler method of conciliation instead of the process of arguments in court.

CONSENT OF PARTIES

The most important factor to be considered while deciding the cases at the Lok Adalat is the
consent of both the parties. It cannot be forced on any party that the matter has to be decided by
the Lok Adalat. However, once the parties agree that the matter has to be decided by the Lok
Adalat, then any party cannot walk away from the decision of the Lok Adalat. In several

13
 instances, the Supreme Court has held that if there was no consent, the award of the Lok Adalat
is not executable and also if the parties fail to agree to get the dispute resolved through Lok
Adalat, the regular litigation process remains open for the contesting parties. The Supreme
Court has also held that compromise is always bilateral and means mutual adjustment.
Settlement is termination of legal proceedings by mutual consent. If no compromise can be
arrived at, then no order can be passed by the Lok Adalat.

ADVANTAGES OF LOK ADALAT :

1. Lok Adalats are extremely important and popular ADR forum enabling the parties to
resolve their disputes by way of amicable settlements once and for all
2. The final award in a Lok Adalat is based on a mutually acceptable solution and thus it
results in a winwin situation for the parties and therefore in Lok Adalat proceedings there
are no victors and vanquished and, thus, no rancor.
3. The process of dispute resolution through Lok Adalats is a purely voluntary process.
4. The award passed by the Lok Adalat is final and binding on the parties and it has the status
of a decree of a civil court and can thus be executed as such through a civil court.
5. Lok Adalats is speedy resolution of disputes. The procedure followed at a Lok Adalat is
very simple and less complicated.

ADVANTAGES OF ADR

1. More flexibility. In the case of arbitration, the parties have far more flexibility to select what
procedural and discovery rules will apply to their dispute (they can choose to apply relevant
industry standards, domestic law, the law of a foreign country, etc.).
2. Select your own Arbitrator or Mediator. The parties can often select the arbitrator or
mediator that will hear their case, typically selecting someone with expertise in the substantive
field involved in the dispute. The arbitrator (or panel members) need not even be an attorney.
In this way the focus can be on the substantive issues involved rather than on technical
procedural rules. In normal litigation, the parties cannot select the judge, and the judge and/or
jury may often need expert witnesses to explain extremely complex issues. The greater the
expertise of the arbitrator, the less time that needs to be spent bringing him up to speed.
3. A jury is not involved. Juries are unpredictable and often damage awards are based solely on
whether they like the parties or are upset at one party because of some piece of evidence such
as a photo that inflames the passion of the jury. Juries have awarded claimants damages that

14
 are well above what they would have received through alternative dispute resolution; and they
have also done the opposite.
4. Expenses are reduced. Attorneys and expert witnesses are very expensive. Litigating a case
can easily run into the tens of thousands of dollars. Alternative dispute resolution offers the
benefit of getting the issue resolved quicker than would occur at trial – and that means less fees
incurred by all parties.
5. ADR is speedy. Trials are lengthy, and in many states and counties it could take years to have
a case heard by a judge or jury. Appeals can then last months or years after that. In a matter of
hours, an arbitrator often can often hear a case that otherwise may take a week in court to try
with live witnesses. With arbitration, the evidence can be submitted by documents rather than
by testimony presented through witnesses. ADR can be scheduled by the parties and the
panellist as soon as they are all able to meet together.
6. The results can be kept confidential. The parties can agree that information disclosed during
negotiations or arbitration hearings cannot be used later even if litigation ensues. The final
outcome can also be made private if the parties so stipulate and agree. On the other hand, most
trials and related proceedings are open to the public and the press.
7. Party participation. ADR permits more participation by the litigants. ADR allows the parties
the opportunity to tell their side of the story and have more control over the outcome than
normal trials overseen by a judge. Many parties desire the opportunity to speak their piece and
tell their side of the story in their own words rather than just through counsel.
8. Fosters cooperation. ADR allows the parties to work together with the neutral arbitrator or
mediator to resolve the dispute and come to a mutually acceptable remedy.
9. Less stress. ADR is often less stressful than expensive and lengthy litigation. Most people
have reported a high degree of satisfaction with ADR.
10. Conclusion. Because of these advantages, many parties choose ADR (either mediation or
arbitration) to resolve disputes instead of filing or even proceeding with a lawsuit after it has
been filed. It is not uncommon after a lawsuit has been filed for the court to refer the dispute to
a neutral before the lawsuit becomes too costly. ADR has also been used to resolve disputes
even after trial, while an appeal is pending.

DISADVANTAGES OF ADR

1. There is no guaranteed resolution. With the exception of arbitration, alternative dispute

resolution processes do not always lead to a resolution. That means it is possible that you could
invest the time and money in trying to resolve the dispute out-of-court and still end up having

15
 to proceed with litigation and trial before a judge or jury. However, you will certainly better
understand the other side's position.
2. Arbitration decisions are final. With very few exceptions, the decision of a neutral arbitrator
cannot be appealed, with fraud being an obvious exception. Additionally, some states will not
enforce decisions of arbitrators that are patently unfair, a high standard to meet. Another
ground or setting aside an award is if the arbitrator's decision exceeded the scope of the
arbitration clause or agreement. Some arbitration clauses are broad, others are narrowly limited
to specific disputes. Decisions of a court, on the other hand, usually can be appealed to an
appellate court for a variety of legal grounds and for numerous alleged procedural errors.
3. Limits on Arbitration Awards. Arbitrators can only resolve disputes that involve money.
They cannot issue orders compelling one party to do something, or refrain from doing
something (also known as injunctions). For example, Arbitrators generally cannot change title
to real property. Of course this is subject to the specific language of the arbitration clause. 4.
Discovery limitations. Some of the procedural safeguards designed to protect parties in court
may not be present in ADR, such as the liberal discovery rules used in U.S. courts, which make
it relatively easy to obtain evidence from the other party in a lawsuit.
4. Fee for the Neutral. The neutral mediator or arbitrator charges a fee for his or her services.
Depending on the arbitrator or mediator selected, the fees can be substantial (of course the
parties typically agree to divide the fees between themselves). Depending on the contract
language and state law, a prevailing party can be awarded fees and costs. A judge on the other
hand, charges no fees for his services.
5. May have no choice. Often the contract in dispute contains a broadly worded mandatory
arbitration clause. Many lease agreements and employment contracts, for example, contain
mandatory arbitration provisions, as do operating agreements and other types of business
contracts. Unless both parties waive arbitration, most states will compel arbitration at the re-
quest of any party.
6. Non-binding arbitration. Sometimes the court may order nonbinding or Judicial Arbitration.
This means that if a party is not satisfied with the decision of the arbitrator, they can file a
request for trial with the court within a specified time period after the arbitration award. De-
pending on the process ordered, if that party does not receive a more favorable result at trial,
they may have to pay a penalty or fees to the other side.
7. Warning. The parties pursing ADR must be careful not to let a Statute of Limitation run while
a dispute is in any ADR process. Once the statute expires, judicial remedies may no longer be
available

16
 PART – 3

REPORT ON
LECTURE SERIES

17
 Day 1 (21/10/21)

Adv. Narayanan Radhakrishnan (Senior Advocate, consumer court)

Topic: Glimpses of consumer protection Act 2019

The subject was about consumer protection act 2019. He talked immensely about medical
negligence and shared his experiences. Once he said a boy was admitted to the hospital for
curing the cough and he undergone treatment and he also under went for x-ray scanning.
But the diagnostics of the was not proper because of the fold in the X-ray which was made
the boy‘s parents and he failed in his case. This was an example and the question was
whether the justice served. He told most cases are based on emotions and the case should
be taken from the mind. Next example was of a thermal blanket as the patient under gone
an operation was burnt with thermal blanket which is used to maintain the temperature of
the patient, the case was filed against the hospital and they contended that it was a problem
in the thermal machine and the petitioner accepted it silently. If we have any problem with
the gadgets wehave to file the complaint against the parties who are mentioned below:

1. Company
2. Service Center
3. Shop
And the aggrieved consumer should submit his documents before the court which are
mentioned below:
1. Bill
2. Guarantee
3. Service Receipt
He then told, a homeo doctor who availed an insurance and the policy stated that particular
disesase can be treated. Firstly his claim was rejected by the insurance company and that
the disease cannot be claimed under the policy and afterwards he was attacked by cardiac
arrest and company availed him with all benefits of the policy and we all have to read the
terms and conditions before signing the policy.

18
 Day 2 (22/10/21)

Adv. K P Kylasanadhan Pillai (Senior advocate, supreme court)

Topic: Discussion on maintenance and welfare of parents andsenior citizens

Act 2007

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007. An
Act to provide for more effective provisions for the maintenance and welfare of parents and senior
citizens guaranteed and recognised under the Constitution and for matters connected therewith or
incidental thereto. Sixty percent of the population are unaware of this Act.The chief guest
predominantly applause this Act. According to him suffering of parents are very high. So, attitude
towards parents should be changed. Attitude of children towards senior citizens should be initiated
from homes. The act provides efficient provisions for the maintenance and welfare of the senior
citizen. These right are guaranteed and recognised under the Indian constitution and are now further
reaffirmed by this legislature. The Act establishes the Maintenance Tribunal to provide speedy and
effective relief to elderly persons. The Act provides Conciliation and Mediation and also enforcement
of punishment.Old age homes are established and rules are framed for this. Section 19 of the act also
mandates the establishment of an old age home in every district and provides for the protection of life
and property of the elderly..Old age homes are considered as home away from home.

19
 Day 3 (23/10/2021)

His Lordship. Mr. Sheshadri Nadhan (Judge MACT)2019

Topic: Bird eye view on the motor vehicle (amendment) Act

The new Motor Vehicle Act 2019 or the Motor Vehicle (Amendment) Act 2019 was
implemented in September last year. With the introduction of the new act, several traffic
fines have increased substantially and it is believed that the stricter penalties will no help the
authorities curb the menace of road accidents caused due to negligent driving.Accidents of
people who are between eighteen and thirty are very high.Number of less experience riders
on roads are increasing day by day.Acident compensation can‘t be claimed as if the riders
doesn‘t have any health.Under the Act every vehicle should be insured. The troubles relating
to insurance companies and third party insurance, was highlighted in the meeting.One of the
disadvantage of the Act is the limitation clause in claiming the compensation but the legal
hires or injured person need not to prove negligence. . Section 163 A provides for the right of
the injured party to claim compensation. The injured needs to prove that the damage was
caused as a result of an accident involving motor vehicles. This section was repealed in the
2019 Amendment, and section 164 was broadened to include such matters as no fault
liability. Every state should maintain a Motor Vehicle accident fund for treat the poor who
get injured in the accident‘s. For claim petitions settlement provisions are introduced in new
amendment.Pollution is yet another issue on roads. Necessary steps must be taken to control
this pollution.

20
 Day 4 (25/10/2021)

His Lordship.Mr. Shibu Daniel (Principal Judge, Trivandrum)

Topic: an overview of the protection of the children from sexual offences

(POCSO) Act 2012

The Protection of Children from Sexual Offences (POCSO) Act, 2012 came into force with
effect from 14 November, 2012. along with the Rules framed thereunder. The POCSO Act,
2012 is a comprehensive law to provide for the protection of children from the offences of
sexual assault, sexual harassment and pornography while safeguarding the interests of the
child at every stage of the judicial process by incorporating child-friendly mechanisms for
reporting, recording of evidence, investigation and speedy trial of offences through
designated special courts.This Act is introduced to prevent children from sexual exploitation ,
prostitution and prevent children from pornographic activities or their promoters.Using
children for pornographic purpose ,storage of child pornography ,abetment etc are punished
under this Act. For crackdown on child pornography, any person who has received any
pornographic material involving a child or any information regarding such pornographic
material shall report the contents to the Special Juvenile Police Unit (SJPU) or police, or the
cybercrime portal. Under the rules, the state governments will have to formulate a child
protection policy. If the official who is bound to report failed to do so then he also be
punished.The statement of the victim should be comfortable for the victim and according to
the choice of the victim.

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 Day 5 (26/10/2021)

His lordship Mr.K. Biju Menon (Judge Family Court, Thiruvanathapuram)

It is not only the bright students who manage to become good lawyers. India is a source of
untapped potential for lawyers. The lawyers have to try to educate the public about laws. A
person who comes before the LSA, should have to be able to see through his case with
relative ease. Judges do not live in ivory towers. Legal profession is a scared and free
profession and well all stand for justice and don‘t favour anyone for the personal benefits.
The Hindu Marriage Act of 2013. The grounds for divorce are somewhat similar to all the
grounds specified under the several religions, and under their respective personal laws.
There are, however, several grounds for divorce that cannot be brought before the court under
any of the sections provided under personal laws. In India, there is no ‗No Fault Divorce‘, as
is available in countries such as the US. However, at the same time, the Supreme Court has
given a wide interpretation of the term ‗cruelty‘ as grounds for divorce. Sammer Gosh v.
Jaya Goshi is just one such case law that resulted in further enhancement of the
interpretation of the word ‗cruelty‘, as specified under personal laws such as the Hindu
Marriage Act of 2013.In the olden days the man was the supreme power in the house and
ladies are subordinate and they don‘t have rights to speak their miseries in the public and they
were suppressed.In the modern society women empowerment is greater and developed and
people are more educated and ladies got more opportunity to merry go round and felt
freedom in the 21st century but the attacks against the women are also increased.

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 Day 6 (27/10/21)

Adv.Bhuvanendran Nair (Advocate, mediator, DLSA)

Topic: Role of legal aid clinic in promoting ADR

It is very pertinent to note that ADR plays very sacrament role in reducing burden and
time on judiciary.it is very successful from 1987 onwards one of the benchmarks
of quality legal aid is the availability of choice between multiple justice dispensing
systems to the litigants. ADR provides various made of settlement including arbitration
conciliation, mediation, negotiation and lok adalath. ADR also strive to archive equal
justice and free legal aid provided under article 39A relating to directive principles
of state policy.it is very strenuous for the people to seek justice and the answer for the
strenuous is ADR. 40 hour‘s worth of training is given to mediators by a Supreme Court-
monitored committee. 40% of cases are settled by means of mediation. Self-determination
is the most crucial part of mediation. The mediator should have the skill to make the
parties come to a settlement. The parties have to come to a conclusion with the help of the
ambience set by the mediator. The draft settlement is made initially, with conditions being
set by the parties to the mediated dispute itself. The parties are also bound by the
settlement, once the settlement is given to the Supreme Court as the final part of the
procedure. From the above lecture series conducted
we came to understand the different modes of ADR which is vivid and thrilling.the courts
are over burdened with many civil and criminal cases and the ADR is a boom on
these overloaded courts in our country.ADR often saves money and speeds settlement. In
mediation, parties play an important role in resolving their own disputes. This often
results in creative solutions, longer-lasting outcomes, greater satisfaction, and improved
relationships.

The term alternative dispute resolution (ADR) means any procedure, agreed to by the
parties of a dispute, in which they use the services of a neutral party to assist them
in reaching agreement and avoiding litigation.

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• ADR is also founded on such fundamental rights, article 14 and 21 which deals with
equality before law and right to life and personal liberty respectively.

• ADR‘s motive is to provide social-economic and political justice and maintain integrity
in the society enshrined in the preamble.

• ADR also strive to achieve equal justice and free legal aid provided under Article 39-A
relating to Directive Principle of State Policy (DPSP).

• ADR has proven successful in clearing the backlog of cases in various levels of the
judiciary –

• Lok Adalats alone have disposed more than 50 lakh cases every year on average in the last
three years.

• But there seems to be a lack of awareness about the availability of these

mechanisms.

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 CONCLUSION

NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is
one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases
pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok
Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree
of a civil court and is final and binding on all parties and no appeal against such an award lies
before any court of law. If the parties are not satisfied with the award of the Lok Adalat
though there is no provision for an appeal against such an award, but they are free to initiate
litigation by approaching the court of appropriate jurisdiction by filing a case by following
the required procedure, in exercise of their right to litigate.

To increase the efficiency of the system of Lok Adalats, it is crucial for the public, the
lawyers, the executive and the Judiciary to work in harmony and coordination. The people
should be made aware of the advantages of the Lok Adalats. The main challenge that lies in
the path of the success of Judiciary is the involvement of the masses. In the existing situation,
the resort to Lok Adalats has enabled amicable dispute settlement. The success of Lok
Adalats should indeed be measured by the overall atmosphere generated in the country, not by
the number and nature of Lok Adalat held, cases settled or compensation awarded.

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