Press / to search

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.

On this page

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.

Contact us

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

1

What the section does

Section 76 requires the Commission to consider suitability for the particular consumer dispute when nominating a mediator from its panel.

2

Operational response

If specialised product, service or language issues matter, give the Commission concise, relevant facts about the dispute before nomination.

3

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.

  1. Identify the statutory trigger

    Section 76 requires the Commission to consider suitability for the particular consumer dispute when nominating a mediator from its panel.

  2. Preserve the key record

    Tell the Commission about subject-matter or language needs with a concise factual basis.

  3. 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 Bizeneed

Last updated 10 October 2026