Before 1987, people in India had no option but to approach civil courts to solve their consumer problems. Since civil courts were extremely slow and also expensive, most people with problems did not bother to go to courts. But in 1987, the Consumer Protection Act came into effect and the citizens had a fast and inexpensive means of solving their consumer problems. In 1988, the Directorate of Public Grievances was set up and the public could approach it to solve all types of problems with central government departments as well as nationalized banks and insurance companies.
The Legal Services Authorities Act, 1987 is another weapon for citizen problems, which is not that well-known. The basic purpose of the Act is to set up Lok Adalats which are intended to settle cases (filed in the regular courts) through arbitration and settlement. Lok Adalats provide fast and inexpensive justice. But in 2002 and 2006, the Act was amended to set up permanent Lok Adalats to handle disputes (deficiency in service, claim for compensation, recovery of money, etc.) related to the following services:
(i) transport (passengers or goods) by air, road or water
(ii) post, telegraph, telephone
(iii) electricity, water
(iv) system of public conservancy or sanitation
(v) hospital, dispensary
(vi) insurance
(vii) banking and other financial institutions.
(It is strange that in the above list of services, public conservancy finds a place. The list could have included municipal services instead. It would have been even better if Mysore City Corporation and Mysore Urban Development Authority had their own Lok Adalats as has been done in Delhi.)
Permanent Lok Adalats are a powerful weapon for the citizens to get redressal for their grievances related to the above services. Anyone who has any problems connected with these services can file a case with the permanent Lok Adalat. The advantages of filing a case before the permanent Lok Adalat are
1. It is inexpensive. There are no court fees. You need not hire a lawyer. You can present the case yourself.
2. It is fast. The permanent Lok Adalat is not bound by the Civil Procedure Code or the Indian Evidence Act. So hearings are very informal and the case is decided within one or two hearings.
The order of the permanent Lok Adalat is final and it can not be challenged in other courts.
The permanent Lok Adalat is somewhat like a consumer court. It is even cheaper than the consumer court since there is no court fee. Consumer Courts do not admit cases against government hospitals when the service is free. But such cases can be filed before the permanent Lok Adalats. Similarly, consumer courts are reluctant to admit cases against municipal corporations, but cases against municipal corporations related to garbage clearance, UGD, pigs, etc. can be filed before the permanent Lok Adalats. The only restriction in Lok Adalats is that the value of the suit be less than Rs. 10 lakhs.
Here is a recent example in which the permanent Lok Adalat was used effectively. N.P. Bhat (noted consumer activist, former Chief Commissioner of Income Tax and former Director General of Monopolies and Restrictive Trade Practices Commission) filed a case before the Permanent Lok Adalat in Dharwad saying that overflowing garbage bin of a community hall near his house had made the whole area very dirty and the stink of the garbage had ill effects on the health of his family. He also complained that overflowing sewage nearby was posing a danger to public health. He further complained that the public toilets at the city bus stand were not cleaned regularly leading to unbearable stench. Even though he and other civic groups had complained often to the Municipal Corporation, no action had been taken on these problems.
Notice were issued to the Commissioner of Hubli-Dharwad City Corporation and two other officials of HDCC and they denied all the allegations made by Bhat. In support of his allegations, Bhat produced affidavits from six citizens. The Lok Adalat said there was no reason to doubt the truth of these affidavits. It also said that photographs produced by Bhat and not disputed by the HDCC officials proved that HDCC failed in their duty to maintain cleanliness in Dharwad. In its award dated 22-6-2011, it ordered that HDCC should rectify these deficiencies and pay Bhat Rs 8,000 as compensation for the suffering of his family and Rs. 100 as costs.
The permanent Lok Adalat for Mysore District is located at the city court complex near 2nd JMFC and 3rd JMFC courts. Its contact number is 233 0130.
Dr. T.N. Manjunath, Mysore Grahakara Parishat