Chapter V - Mediation
Section 76
Section 76: Nomination of mediators from panel
Section 76 requires the Commission to consider suitability for the particular consumer dispute when nominating a mediator from its panel.
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Need advice on Section 76?
This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The District Commission, the State Commission or the National Commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involved.
Introduction
If specialised product, service or language issues matter, give the Commission concise, relevant facts about the dispute before nomination.
Key takeaways
What the section does
Section 76 requires the Commission to consider suitability for the particular consumer dispute when nominating a mediator from its panel.
Operational response
If specialised product, service or language issues matter, give the Commission concise, relevant facts about the dispute before nomination.
Important boundary
Panel membership alone is not the full test. Suitability is assessed for the dispute involved, and later conflict disclosure is dealt with separately in section 77.
When the provision matters
Section 76 requires the Commission to consider suitability for the particular consumer dispute when nominating a mediator from its panel.
Panel membership alone is not the full test. Suitability is assessed for the dispute involved, and later conflict disclosure is dealt with separately in section 77.
Practical response
If specialised product, service or language issues matter, give the Commission concise, relevant facts about the dispute before nomination.
Decision points and records
Tell the Commission about subject-matter or language needs with a concise factual basis.
Do not turn a preference for one individual into an unsupported challenge to every other nominee.
Example
A case concerns complex digital payments. The Commission considers a panel mediator with relevant experience rather than simply the next name on a list.
Official sources
Practical checklist
Do
- Identify any case-specific expertise or language needs.
- Tell the Commission about subject-matter or language needs with a concise factual basis.
Avoid
- Do not assume parties have an absolute right to select a particular panel mediator.
- Do not turn a preference for one individual into an unsupported challenge to every other nominee.
Illustrative example
Section 76 in practice
A case concerns complex digital payments. The Commission considers a panel mediator with relevant experience rather than simply the next name on a list.
Identify the statutory trigger
Section 76 requires the Commission to consider suitability for the particular consumer dispute when nominating a mediator from its panel.
Preserve the key record
Tell the Commission about subject-matter or language needs with a concise factual basis.
Apply the limit
Panel membership alone is not the full test. Suitability is assessed for the dispute involved, and later conflict disclosure is dealt with separately in section 77.
Outcome
- If specialised product, service or language issues matter, give the Commission concise, relevant facts about the dispute before nomination.
Glossary
- Consumer mediation cell
- The cell attached to a consumer Commission for the statutory mediation process.
- Suitability
- The fit of a panel mediator for resolving the issues in the particular consumer dispute.
Frequently asked questions
Does the Commission have to nominate any available panel member?
No. It must consider the person’s suitability for resolving the particular consumer dispute.
Is suitability a general qualification only?
No. The Commission must consider suitability for the dispute involved when nominating from the panel.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026