Consumer Protection Act Section 79 — Procedure for mediation

CHAPTER V MEDIATION

Civil

Summary

Sub-section (1) states that mediation must take place in the consumer mediation cell attached to the District Commission, the State Commission, or the National Commission, depending on which one is handling the case.

Sub-section (2) provides that when a consumer dispute is sent for mediation by one of these Commissions, the mediator chosen by that Commission must consider the rights and obligations of both parties, any trade customs that apply, the circumstances that led to the dispute, and any other relevant factors the mediator thinks necessary. The mediator must also follow the principles of natural justice while conducting the mediation.

Sub-section (3) says that the appointed mediator must complete the mediation within the time frame and in the manner set out in the regulations.

Official Text

(1) The mediation shall be held in the consumer mediation cell attached to the District Commission, the State Commission or the National Commission, as the case may be.

(2) Where a consumer dispute is referred for mediation by the District Commission or the State Commission or the National Commission, as the case may be, the mediator nominated by such Commission shall have regard to the rights and obligations of the parties, the usages of trade, if any, the circumstances giving rise to the consumer dispute and such other relevant factors, as he may deem necessary and shall be guided by the principles of natural justice while carrying out mediation.

(3) The mediator so nominated shall conduct mediation within such time and in such manner as may be specified by regulations.