Вы находитесь на странице: 1из 50

N

a
t
i
o
n
a
l
L
e
g
al Litera
c
y

M
i
s
s
i
o
n
j
k
"
V
h
;

d
ku
w uh lk{kj
r
k

f
e
'
k
u









Sr. No. Particular Page No.
1. IDEA OF SETTING UP OF PLA (PUS) 3
2. Who can file case in PLA-PUS? 3
3. What type of Disputes can be entertained in
PLA-PUS?
4
4. Advantages of PLA (PUS) 4
5. Definition of Public Utility Services as per
Section 22A (b)
5
6. Transport Service By Air, Road or Water 7-9
7. Postal, Telegraph or Telephone Service 11-13
8. Supply of Power, Light or Water to the
public
15-17
9. System of Public Conservancy or Sanitation 19-21
10. Service in Hospital or Dispensary 23-25
11. Insurance Service 27-28
12. Housing and Estates 29-31
13. Banking and Finance 33-35
14. Other Services 36
15. Criminal Matters before PLA (PUS) 36
16. Procedure in PLA (PUS) 37
17. Powers of PLA (PUS) 38
18. Whether the Award passed by PLA-PUS is
final or appealable?
38
19. Execution of Award made by PLA-Public
Utility Services
39
20. How to file application with PLA-PUS? 39
21. Composition of PLA-Public Utility Services 39
22. 11 Permanent Lok Adalat (Public Utility
Services) have jurisdiction over all the 21
Districts
40
23. Important Rulings 41-44








HARYANA STATE LEGAL SERVICES
AUTHORITY (HALSA)








____________________________________
Permanent Lok Adalat for
Public Utility Services

(Established by Haryana State Legal Services Authority)
2
3
IDEA OF SETTING UP OF PLA (PUS)
To reduce the work load of the regular courts
To overcome the drawbacks of existing Lok Adalats
To deal with pre-litigation, conciliation and settlement
of disputes relating to Public Utility Services
[Chapter VIA introduced in the Legal Services Authorities Act,
1987 w.e.f. 11th June 2002 for this purpose]


WHO CAN FILE CASE IN PLA (PUS)?
Any Individual,
Group of individuals,
Company,
Firm, corporation or any other entity.
[In person or through authorized representative].

4
WHAT TYPE OF DISPUTES CAN BE
ENTERTAINED IN PLA (PUS)?
Various Public Utility
Services covered u/s 22A (b)
of the Legal Services
Authorities Act, 1987
For Disputes of Services
There is no cap- Disputes of
lack of services of any value
can be entertained in these
Adalats.
Disputes at pre litigation
stage i.e. before the dispute is
brought before a regular
court.
For Financial Disputes-
Only disputes up to Rs. 25
Lacs will be entertained in
these Adalats.
ADVANTAGES OF PLA (PUS)
Simple mechanism: Any aggrieved party can appear
in person.
Amicable settlement or on merits.
Not bound by the rigors of procedural laws.
Cost saving: Not required to pay any court fee or to
engage an advocate.
Finality attached: No appeal
5
Definition of Public Utility Services
as per Section 22A (b), Legal Services
Authorities Act, 1987
1. Transport Service for the carriage of passengers or
goods by Air, Road or Water; or
2. Postal, Telegraph or Telephone Service; or
3. Supply of Power, Light or Water to the public by
any Establishment; or
4. System of Public Conservancy or Sanitation; or
5. Service in Hospital or Dispensary; or
6. Insurance Service; or
7. Housing and Estates; or
8. Banking and Finance;
[Any other service as may be declared by the Central or the
State Government, in the public interest, by way of notification]
6
7
TRANSPORT SERVICE
BY AIR, ROAD OR WATER
8
Transport Service By Air, Road or
Water
Departments, which may be covered:
All airlines private as well as government
Government and Private Passenger Roadways
All transporters
All shipping companies private as well as government
Travel Agents
Disputes or Issues, which may be covered under this
category of Service:-
(Airlines)
Deficiency in services
Delivery of goods not as per agreed terms at the time
of contract or payment
Loss to the customer due to negligence by service
provider
Payment disputes
Cancellation/re-scheduling of flights/delays
9
Denying boarding to the passengers having valid
tickets and reported at proper check-in time at the last
moment due to over booking or some unknown
reasons.
(Roadways)
Transport facilities arriving late.
Failure of attendants to arrange for an alternative
transport for passengers in case of any mishap.
Complaints against Drivers/Conductors flouting rules.
Refusal to refund money payable to passengers.
Dingy conditions of the transport facilities.
Accepting fare without giving any ticket to a traveler.
Delivery of goods not as agreed at the time of booking/
payment.
Loss to the customer due to negligence of service
provider.
10
11
POSTAL, TELEGRAPH OR
TELEPHONE SERVICE

12
Postal, Telegraph or Telephone
Service
Departments, which may be Covered:-
Indian Postal & Telegraph Departments
Private Courier Concerns/ Companies
BSNL/MTNL/ Private Cell Operators
Internet service provider by telephone lines.

Disputes or Issues, which may be covered under this
category of Service:-
(Postal/Telegraph/ Courier services)
Wrong delivery by couriers
Late or non-delivery of packages.
Delivery of telephone bills at wrong address
Loss to a customer by delayed delivery of postal
articles.
Loss to the customer by non-timely delivery


13
(Telephone services)
Undue delay in providing telephone connection by a
phone company.
Overcharging by internet and phone companies in
monthly bills.
Deficiency/ malpractices in telephone services.
Billing for a service, which the customer has not signed
up for.
Being left on hold for extended periods of time by the
Help Centers of the Companies
Health threat on account of proximity of a telephone
tower in a residential area, schools or other such
places.
Customers default in payment of telephone/internet
bills.
14
15
SUPPLY OF POWER, LIGHT OR
WATER TO THE PUBLIC
16
Supply of Power, Light or Water to
the public
Departments, which may be covered:-
State Electricity Boards
Public Health Department
MCF/ HUDA
Municipal Committees/ Municipal Corporations
Private Contractors engaged in providing these utility
services.
Thermal Plants (Government owned or private)
Central Board of Irrigation and Power.
Water Supply Departments.
Disputes or Issues, which may be covered under this
category of Service:-

Delay in Power Connection &/ or Water Connection
Wrong water bills or improper billing by electricity
boards.
Unlawful disconnection of power connections/water
connections
17
Improper penalties and cess charged by electricity
boards
Delay in transfer of power connection/water
connection
Issues like erratic supply of power/ water.
Delay in refund of power securities
Issues like non-availability of power/water
Issues of street lights
Unauthorized digging of Wells
Unhealthy and dirty drinking water.
Misuse by a consumer of water in excess of the
permissible limit.
Damage caused by a consumer to water supply lines
Electrocution of human beings/animals caused by the
power transmission lines hanging from electricity
poles.
Non-payment of electricity bills by a consumer.
Fiddling by a consumer with the electricity meter and
power supply lines
Damage caused by a consumer to the departmental
equipments/ poles/power transmission lines etc.
Wrong reading by a meter-reader of electricity meter
units.
18

19
SYSTEM OF PUBLIC CONSERVANCY
OR SANITATION

20
System of Public Conservancy or
Sanitation
Departments, which may be covered:
MCF/ HUDA/ HSIDC
Health Department
Private Dust Collecting Companies/ Contractors
Municipal Committee/ Council/ Corporation
Private builders/colonizers
Any Govt. Deptt or other agency, responsible to
maintain public conservancy system/ sanitary
conditions.
Department of Environment/ Forest & Wild Life
Factory owners/individuals causing sanitary
problems
Disputes or Issues, which may be covered under this
category of Service:-
Water logging /Sewerage problems in streets
Improper dumping and collection of garbage in
unauthorized/ prohibited areas
General Sanitation or Health linked issues (chemical
21
spray of medicine for avoiding/ killing insects e.g.
mosquitoes)
Illegal manholes / digging of roads
No installation of garbage cans and boxes
Poor sanitation of roads and drainage system
Reckless breaking of forest land and felling of trees
causing environmental disturbance.
Illegal mining.
Throwing by an individual of garbage etc. in public
places causing health hazard.
Road Blockages

22
23
SERVICE IN HOSPITAL OR
DISPENSARY
24
Service in Hospital or Dispensary
Departments, which may be covered:
All Government Hospitals / Dispensaries
ESI Hospitals and Dispensaries
Private Nursing Homes/Hospitals (whether Allopathic,
Ayurvedic, Homeopathic or any other pathy)
Hospitals/Dispensaries run by MCF
Disputes or Issues, which may be covered under this
category of Service:-
Medical negligence
Over charging by hospitals
Denial of medical services by hospitals / dispensaries
Denial of claims of employees by ESI
Hospitals/Dispensaries
Denial of services, which are reserved for weaker
sections of society
Inefficient staff and inexperienced doctors engaged in
providing health services.
Life threatening cases given in the hands of interns.
25
Providing patients with wrong vaccinations/
medicines.
Leaving patients in extreme fragile conditions
unattended.
Defective surgeries.
Faulty machines resulting in improper results.
Denial of medicines by hospital pharmacy.
Removal of organs without prior approval by the
family of the deceased.
Refusal to treat a patient, whether involved in a
criminal case or not.

26
27
INSURANCE SERVICE
28
Insurance Service
Departments, which may be covered:
All private as well as PSU insurance companies
(Life and General Insurance Companies)
Insurance Advisers providing insurance services
Intermediaries between Insurance Company and
Hospitals for Medi-claim Insurance
Insurance sales agents/brokers /customer guides.
Disputes or Issues, which may be covered under this
category of Service:-
Partial or total repudiation of claims by an insurer.
Improper charging of insurance premiums
Dispute as to the legal construction of the policies in so
far as such disputes relate to claims.
Delay in settlement of claims.
Non-issue of any insurance documents to customers
after receipt of premium.
Wrong guidance/cheating by insurance
advisors/agents/brokers Passing of wrong claims.
29
HOUSING AND ESTATES
30
Housing and Estates
Departments, which may be covered:
MCF/ HUDA/ HSIDC/ HSIIDC
State Housing Board/ Corporation
All private builders / colonizers
Group Housing Societies
Estate Agents
Disputes or Issues, which may be covered under this
category of Service:-
Improper allotment of plots/flats
Property Transfer related issues between HSIDC/
HUDA / MCF and allottee/ heirs.
Illegal charging by private developers like Holding
Charges, non-construction charges, unreasonable
interest on delayed payments etc.
Loss to customer by non-timely possession by
developers
Failure to develop area.
Use of substandard materials in the construction of
houses/flats/ roads/ water supply system, sewerage,
electricity poles etc.
31
Unreasonable charges for power back-up during
power cuts.
Delay in construction of a house that has been booked
and paid for.
(Estate Agents)
Discrimination against a buyer who does not want to
take any services from an agent, for example,
arranging a mortgage or insurance cover.
Making a false or misleading description of a property.
32
33
BANKING AND FINANCE
34
Banking and Finance
Departments, which may be covered:
Nationalized/ Scheduled / Multi National Banks
Non Banking Finance Companies
Chit Fund and other mutual fund companies
Private Financiers
Co-operative banks
Co-operative Societies engaged in the business of
banking and providing credit facilities to their
members/customers.
Disputes or Issues, which may be covered under this
category of Service:-
Deficiency in banking services.
Charging of interest in excess of the agreed rate of
interest.
Lack of provision for insurance of lockers etc.
Faulty ATM services
Lifting of a vehicle by a Finance Company through its
musclemen upon the borrowers default in payment of
installments in respect of vehicle.
35
Obtainment of blank cheques before sanction of loan.
Obtainment of post-dated cheques without there being
any balance in the borrowers account as on the date
of obtainment of post-dated cheques.
Failure of the banks to keep their customers informed
of the increase or decrease of the rate of interest as
also the charges as to the various services provided.
Change of terms and conditions in relation to the
various services without proper notice to the
customers.
36
OTHER SERVICES
Above list of possible disputes falling in public utility
services is not exhaustive.
Any other service, which may fall in the above
category of services provided by any private or state
run or central government departments, may be
covered under this Act.
This includes any other service, which the Central or
State Government, as the case may be, in the public
interest, by notification, declare to be Public Utility
Services for the purpose of this Act.
Criminal Matters before PLA (PUS)
Only Compoundable Offences in respect of matters
relating to any of the public utility services, viz.
Section 138 of Negotiable Instrument Act
Compoundable offences under The
Municipal Act
Compoundable offences under Indian
Electricity Act
NOTE:-
If conciliation move fails in such matter, PLA (PUS) can
not decide the same on merits.
37
PROCEDURE IN PLA (PUS)
After receiving stand of both sides:-
Conciliation proceedings between parties
PLA (PUS) assists parties to reach amicable settlement
Parties to co-operate in good faith
On finding elements of settlement, PLA (PUS) to
formulate terms of settlement for observance of
parties & their signatures
Award to be passed on basis of that settlement
If parties fail to reach an agreement, PLA (PUS) to
decide the dispute on merits.
PLA (PUS) not bound by procedural Laws: such as
Indian Evidence Act Or Code of Civil Procedure
To be guided by the Principles of Natural Justice,
objectivity, fair play, equity & other principles of
natural justice
Important
Once application is moved before PLA (PUS), no party
to the application can invoke jurisdiction of civil court
Award to be passed by Majority.
38
POWERS OF PLA (PUS)
May specify its own procedure for determination of
any dispute
Same as that of Civil Court in respect of:-
Summoning & enforcing attendance of any witness
and to examine him on Oath
Discovery & production of any document
Reception of evidence on merits
Requisitioning of any public record or document or
copy thereof, from any court or office

WHETHER THE AWARD PASSED BY
PLA-PUS IS FINAL OR APPEALABLE?
Finality attached to the Award
No Appeal
(Only writ can be filed before Honble High Court)
Every award passed by PLA-PUS on merit or
settlement, is final and binding.
39
EXECUTION OF AWARD MADE BY
PLA (PUS)
Any Award made by the PLA (PUS) may be
transmitted to a Civil Court for Execution
Civil Court to execute the Award/Order as if it was a
decree made by that Court
HOW TO FILE APPLICATION BEFORE
PLA-PUS?
Application may be on a simple piece of paper with
supporting documents.
Application may be filed in person, or by an authorized
representative or by a Counsel during working hours.
No Court fees
COMPOSITION OF PLA-PUS
Chairman District Judge or Additional District Judge or
Judicial Officer higher in rank than that of a District Judge.
Members (2) Having adequate experience in any Public
Utility Services.
40
JURISDICTION OF 11 PERMANENT LOK
ADALATS (PUBLIC UTILITY SERVICES) IN
HARYANA
SR.
NO.
DISTRICT CAMP COURT
1 Ambala Kaithal
2 Bhiwani Jind
3 Faridabad Palwal
4 Gurgaon Nuh (Mewat)
5 Hissar
6 Karnal Kurukshetra
7 Panchkula Yamuna Nagar
8 Rewari Narnaul
9 Rohtak Jhajjar
10 Sonipat Panipat
11 Sirsa Fatehabad

41
IMPORTANT RULINGS
Supreme Court of India & Punjab and Haryana High Court

Sr
N:
Title Petitions
Number
Date of
Decision
Decided by
1. Bar Council of
India Vs.
Union of India
WP (C) NO.
666 OF
2002

3
rd
August,
2012
Supreme
Court of
India
2 K.N. Govindan
Kutty Menon V/s
C.D. Shaji

Civil appeal
No.10209
of 2011
28
th

November,
2011
Supreme
Court of
India
3 Iqbal Singh
Narang and
Others V/s Veeran
Narang
Criminal
appeal
No.2225 of
2011
30
th

November,
2011
Supreme
Court of
India
4 United India
Insurance
Company Limited
V/s Ajay Sinha
and Another
Civil appeal
No.3537 of
2008
13
th
May,
2008
Supreme
Court of
India
5 Chandigarh
Housing Board vs.
Permanent Lok
Adalat And
Another
Civil Writ
Petition
No.15727
of 2009
13
th

October,
2009
Punjab and
Haryana
High Court
6 Dakshin Haryana
Bijli Vitran ... vs.
Permanent Lok
Adalat And
Another
Civil Writ
Petition
No.11383
of 2009
31.07.2009 Punjab and
Haryana
High Court
7 Iffco Tokio CWP March 11, Punjab and
42
General Insurance
V/s Chairman,
Permanent Lok
Adalat
No.4279 of
2010
2010 Haryana
High Court
8 Iffco Tokio
General Insurance
... vs. M/S Golden
Ikon And Another
Civil Writ
Petition
No.12565
of 2009
19.08.2009 Punjab and
Haryana
High Court
9 Life Insurance
Corporation of ...
vs. Indrawati And
Another
C.W.P. No.
11346 of
2008
July 4, 2008 Punjab and
Haryana
High Court
10 Municipal
Corporation, ... vs.
Permanent Lok
Adalat
Civil Writ
Petition
No.12568
of 2009
19.08.2009 Punjab and
Haryana
High Court
11 National
Insurance Co. Ltd
vs. Presiding
Officer, PLA And
Others
C.W.P NO.
2252 OF
2009
12.02.2009 Punjab and
Haryana
High Court
12 National
Insurance
Company ... vs.
Angoori Devi And
Others
Civil Writ
Petition
No.8107 of
2009
16.07.2009 Punjab and
Haryana
High Court
13 Reliance General
Insurance ... vs.
Tarun Jain And
Another
Civil Writ
Petition
No.16868
of 2009
5th
November,
2009
Punjab and
Haryana
High Court
14 Reliance General
Insurance Co. ... vs.
Umed Singh And
Others
Civil Writ
Petition
No.11476
of
14.09.2009 Punjab and
Haryana
High Court
43
2009(O&M)
15 SDO, Chandigarh
vs. H. K. Sethi And
Another
C.W.P NO.
1166 OF
2009
27.01.2009 Punjab and
Haryana
High Court
16 The Estate Office,
Union ... vs.
Sanjeev Verma
And Another
Civil Writ
Petition
No.15352
of 2009
08.10.2009 Punjab and
Haryana
High Court
17 Union Territory Of
Chandigarh vs.
Permanent Lok
Adalat (For Public
CWP
No.16249
of 2009
9.12.2009
December,
2009
Punjab and
Haryana
High Court
18 Union Territory Of
Chandigarh vs.
The Permanent
Lok Adalat
CWP
No.20270
of 2008
1.12.2008 Punjab and
Haryana
High Court
19 Birla Sun Life
Insurance Co. vs.
Keshav Lal and
Ors.
CR 1486 of
2008
6.5.2008 Punjab and
Haryana
High Court
20 Chandigarh
Electricity vs.
Permanent Lok
Adalat
CWP 10249
of 2007
20.2.2008 Punjab and
Haryana
High Court
21 Hind Motors India
Limited vs.
Permanent Lok
Adalat
(2008) 2
PLR 91
12.2.2008 Punjab and
Haryana
High Court
22 National
Insurance
Company Ltd. vs.
B.D. Lalit And Ors.
(2008) 149
PLR 700
14.12.2007 Punjab and
Haryana
High Court
23 New India
Assurance
CR-2318 of
2008
22.4.2008 Punjab and
Haryana
44
Company vs. Usha
Yadav And Ors.
High Court
24 New India
Assurance
Company Limited
vs. Neelam Devi
and others
CWP 15313
of 2009
6.10.2009 Punjab and
Haryana
High Court
25 New India
Assurance
Company Limited
vs. Smt. Kavita
Yadav and others
CWP
No.9671 of
2009
6.7.2009 Punjab and
Haryana
High Court
26 SDO Electricity Op
Sub-Division vs.
Union of India and
Ors
AIR 2008 P
H 141
4.2.2008 Punjab and
Haryana
High Court


* * *

Вам также может понравиться