TAMIL NADU STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CHENNAI
Hon’ble Thiru Justice M.S. Janarthanam,
President & Tmt. Banumathi Baskaran, Member
TEKNARC ELECTRODES PVT. LTD.—Complainant
versus
UNITED INDIA INSURANCE CO. LTD. & ANR.—Opposite Parties
O.P. No. 195 of 1995—Decided on 28.8.2000
Lok Adalat - Amicable Settlement - The court discussed the amicable settlement reached between the parties in a Lok Adalat, highlighting the finality and binding nature of the award passed under the Legal Services Authority Act, 1987 and its executability under the Consumer Protection Act, 1986.
Fact of the Case:
The O.P. was referred to the High Court Legal Services Committee for an amicable settlement in the Lok Adalat. The parties reached an amicable settlement and filed a joint memo, leading to the passing of an award by the Lok Adalat.
Finding of the Court:
The court found that the award passed by the Lok Adalat shall be deemed to be final and binding on all parties, and no appeal shall lie against it. It was also concluded that no further order or award need be passed by the Commission, and the award is executable under the Consumer Protection Act, 1986.
Issues: Amicable settlement in Lok Adalat, finality and binding nature of the award, executability under the Consumer Protection Act, 1986.
Ratio Decidendi: The key legal principle established is the finality and binding nature of the award passed by the Lok Adalat under the Legal Services Authority Act, 1987, and its executability under the Consumer Protection Act, 1986.
Final Decision: The court ordered that no further order or award need be passed by the Commission, and the award passed by the Lok Adalat is deemed to be final and executable under the Consumer Protection Act, 1986.
Thiru Justice M.S. Janarthanam, President—This O.P. had been referred to the High Court Legal Services Committee on 24.4.2000 for an amicable settlement in the Lok Adalat to be convened by the said Committee. On 11.5.2000, in the Lok Adalat convened by the said Committee, the complaint had been amicably settled between the parties on a joint memo filed by them.
“Parties to the above O.P. agree to amicably settle the dispute. Consequently complainant is ready to record full satisfaction of their claim on receiving a sum of Rs. 1,08,395/- and the opposite parties agree to pay the said amount against the claim of the complainant. Thus the parties to the above O.P. hereby file this joint memo and pray for appropriate orders and thus render justice.
The above payment shall be made within a week.”
Sd/- Sd/-
Plaintiff/Petitioner Defendant/Respondent
Claimant/Appellant
2. Pursuant to the joint memo so filed, the Lok Adalat convened by the said Committee passed an award on the terms and tenor of the joint memo filed by the parties on the same day.
3. The award so passed shall be deemed to be a decree of a Civil Court or as the case may be as order of any other Court and it shall be final and binding on all the parties to the dispute and no appeal shall lie to any Court against the award so passed under the salient provisions adumbrated under Section 21 of the Legal Services Authority Act, 1987.
4. Such being the case, no further order or award need be passed by this Commission in terms of the joint memo filed by the parties in the said Lok Adalat convened by the High Court Legal Services Committee and the award so passed is an award executable under the salient provisions of Section 25 or 27 of the Consumer Protection Act, 1986.
Order passed.
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