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FIELD VISIT REPORT

National Lok Adalat

Court Visited: Saket Courts Complex, New Delhi.

Date of Visit: 12 -Nov- 2016.

Submitted by: Ayush Ghai

Class Roll No: 432

Course/Term: LL.B / V Term

College: Law Center II, University of Delhi


INDEX

Sl. Topic Page


No. No.

1 Introduction I 02

2. Field visit report of Court Room No. 208, Court of 03


Ms. Bhavna Kalia, Ld. Metropolitan Magistrate
(South District).

3. Field visit report of Court Room No. 210, Court of


Sh. Sushant Changotra, Ld. Metropolitan Magistrate
(South District). 04

a. Sh. Jaswant Singh versus Allahabad Bank

b. Sh. Nafe Singh versus State Bank of India 05

01
INTRODUCTION

Types of cases referred to LOK ADALAT

Motor accident compensation claims cases

Partition Claims Damages Cases

Matrimonial and family disputes

Mutation of lands case

Land Patta cases Bonded Labour cases

Land acquisition disputes

Banks unpaid loan cases

Arrears of retirement benefits cases

Family Court cases ( Not Sub Judice)

Advantages of Lok Adalat

Speedy Justice and Saving from the legendary court procedures


Solving problems of Backlog Cases

Faster and inexpensive remedy with legal status

There is no strict application of the procedural laws and the EvidenceAct while assessing the
merits of the claim by the Lok Adalat.

Disputes can be brought before the LokAdalat directly instead of going to a regular court first
and then to the LokAdalat.
02

Court of : Ms. Bhavna Kalia, Ld. Metropolitan Magistrate (South District).

Type of Cases Heard by Ld. Presiding Officer : Violation of Traffic Rules.

Report

a There were many people present in the court room with traffic challans issued in their names

for the violation of Traffic Rules.

b As it was a National Lok Adalat, Ld. Presiding Officer settled the challans with low amount

compared to the actual liability of the offence to expedite the process and curtail the pendency

of challan courts.

c The challans for driving the commercial vehicles without permit were settled to a minimum

amount of Rupees two thousand and for driving without seat belt, helmet and red light jump

etc. were settled in Rupees twenty only.

d Many Challans were settled in a very speedy manner and the Ld. Presiding officer seem to be

fast in decision making and made hassle free settlements.


03

Court of: Sh. Sushant Changotra, Ld. Metropolitan Magistrate, South District.
Type of Cases Heard by Ld. Presiding Office: Failure/Default in repayment of Banks'Loan.

Case I
Jaswant Singh versus Allahabad Bank

Facts :

Recovery of a sum of Rs. 195539/ by Allahabad Bank from Sh. Jaswant Singh in lieu of
personal loan taken by him from the bank.
Salary of Sh. Jaswant Singh made stopped by his department.
Sh. Jaswant Singh submitted that the EMI (Easy Monthly Installments) towards aforesaid loan
has regularly been deducted from his salaried bank account

Issue
Whether the instalments towards personal loan are being deducted from the salaried saving
account of Mr Jaswant Singh

If the EMIs are being deducted from the saving account of Mr Jaswant Singh, whether they
are credited to the account of Allahbad Bank.

Report :

At prelitigative stage Ld. Presiding Officer asked to both the parties to produce the relevant
documents i.e. bank statements etc. to adduce their claim but both the parties i.e. Sh. Jaswant
Singh and Allahabad Bank failed to produce the same.

It is, therefore, Ld. Presiding Officer asked to both the parties to come again with relevant
documents in support of their submissions.
04
Case II

Nafe Singh versus State Bank of India

Facts :

Recovery of a sum of Rs. 3,59,900/ by State Bank of India from the legal heirs of

deceased loanee (who took the loan from the Bank).

Deceased took a Car loan of around Rs. 5 lakh from the State Bank of India.

Sh. Nafe Singh, father of deceased were looking for some waive in the payment of

outstanding and was ready for one time settlement with reduced amount of loan.

Issue :

Can a bank waive off a loan amount upto some limit and the issue by way of one time

settlement.

Report :

Ld. Presiding Officer talked to both the parties simultaneously and separately too.

Ld. Presiding Officer tried to convince the bank representative to reduce the balance

loan amount.

Ld. Presiding Officer also tried to make Sh. Nafe Singh understand that if he make the

full & final payment of the balance loan amount then he can make himself safe from

the agony, wastage of time, energy and money which will be involved in the litigation

process.

Bank representative said that he would have to pay the same amount to the State Bank

and refused to waive/settle the amount

Matter was not settled at that stage as both the parties were adamant to their demands.

05
CONCLUSION

Lok Adalats can be functional at larger levels only if people are willing and aware of its

advantages and if the drawbacks are done away with. More provisions and amendments

that could empower permanent lok adalats is needed if they are to be made

supplementary form of litigation for people who cannot or should not resort to courts.

As PM has suggested involvement of law students and research on this system could go

a long way in encouraging people to get justice the easier and faster way without having

to spend any money. However, we must also keep the drawbacks in mind and people

must be informed that when the situation calls for an appeal in court to get the culprit

punished, people must not hesitate and settle for compensations.