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Chapter V - Mediation

Section 78

Section 78: Replacement of mediator in certain cases

Section 78 gives the Commission a process to replace a mediator based on information from the mediator or any other person, including parties.

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Need advice on Section 78?

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.

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Statutory text

Bare law

Where the District Commission or the State Commission or the National Commission, as the case may be, is satisfied, on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace such mediator by another mediator.

Introduction

A party seeking replacement should submit the concrete conflict or suitability information to the Commission; the mediator must be heard before replacement.

Key takeaways

1

What the section does

Section 78 gives the Commission a process to replace a mediator based on information from the mediator or any other person, including parties.

2

Operational response

A party seeking replacement should submit the concrete conflict or suitability information to the Commission; the mediator must be heard before replacement.

3

Important boundary

The Commission must be satisfied after hearing the mediator. A party allegation alone does not automatically remove the mediator.

When the provision matters

Section 78 gives the Commission a process to replace a mediator based on information from the mediator or any other person, including parties.

The Commission must be satisfied after hearing the mediator. A party allegation alone does not automatically remove the mediator.

Practical response

A party seeking replacement should submit the concrete conflict or suitability information to the Commission; the mediator must be heard before replacement.

Decision points and records

Submit specific, verifiable facts and allow the Commission to conduct its hearing.

Do not privately announce a replacement before the Commission makes its decision.

Example

A consumer discovers that the mediator owns shares in the respondent company and informs the Commission, which hears the mediator and appoints a replacement if satisfied.

Official sources

Practical checklist

Do

  • Raise a documented concern as soon as it is known.
  • Submit specific, verifiable facts and allow the Commission to conduct its hearing.

Avoid

  • Do not treat a private objection as an effective removal without a Commission decision.
  • Do not privately announce a replacement before the Commission makes its decision.

Illustrative example

Section 78 in practice

A consumer discovers that the mediator owns shares in the respondent company and informs the Commission, which hears the mediator and appoints a replacement if satisfied.

  1. Identify the statutory trigger

    Section 78 gives the Commission a process to replace a mediator based on information from the mediator or any other person, including parties.

  2. Preserve the key record

    Submit specific, verifiable facts and allow the Commission to conduct its hearing.

  3. Apply the limit

    The Commission must be satisfied after hearing the mediator. A party allegation alone does not automatically remove the mediator.

Outcome

  • A party seeking replacement should submit the concrete conflict or suitability information to the Commission; the mediator must be heard before replacement.

Glossary

Consumer mediation cell
The cell attached to a consumer Commission for the statutory mediation process.
Hearing the mediator
The procedural step required before the Commission replaces a mediator under section 78.

Frequently asked questions

Can a party’s information lead to replacement?

Yes. The Commission may act on information from a party or another person, after hearing the mediator and being satisfied replacement is warranted.

May information come from someone other than a party?

Yes. The Commission may consider information from the mediator or any other person, including complaint parties.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026