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.
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
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.
Operational response
A party seeking replacement should submit the concrete conflict or suitability information to the Commission; the mediator must be heard before replacement.
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.
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.
Preserve the key record
Submit specific, verifiable facts and allow the Commission to conduct its hearing.
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 BizeneedLast updated 10 October 2026