Consumer Protection Act Section 37 — Reference to mediation

CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION

Civil

Summary

Sub-section (1) allows the District Commission, at the first hearing of a complaint after it has been admitted, or at any later stage, to suggest that the parties try to settle their dispute through mediation. This can only happen if the Commission believes there are elements of a settlement that both parties might accept, and it does not apply in cases that are specifically excluded by rules. If the Commission makes this suggestion, it can direct the parties to give their written consent within five days to have the dispute settled by mediation under Chapter V.

Sub-section (2) states that if the parties do agree to mediation and give their written consent, the District Commission must refer the matter for mediation within five days of receiving that consent. Once the matter is referred, the provisions of Chapter V, which deal with mediation, will apply to the process.

Official Text

(1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V.

(2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of Chapter V, relating to mediation, shall apply.