Chapter V - Mediation
Section 79
Section 79: Procedure for mediation
Section 79 locates mediation in the attached consumer mediation cell and sets the principles the nominated mediator must consider.
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Need advice on Section 79?
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
(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.
Introduction
Prepare the factual chronology, contract, remedy options and relevant trade practice before sessions; the mediator may consider rights, obligations, usages of trade and circumstances.
Key takeaways
What the section does
Section 79 locates mediation in the attached consumer mediation cell and sets the principles the nominated mediator must consider.
Operational response
Prepare the factual chronology, contract, remedy options and relevant trade practice before sessions; the mediator may consider rights, obligations, usages of trade and circumstances.
Important boundary
The mediator is guided by natural justice, while timing and manner are specified by regulations. Mediation is a structured settlement process, not a merits judgment by the mediator.
When the provision matters
Section 79 locates mediation in the attached consumer mediation cell and sets the principles the nominated mediator must consider.
The mediator is guided by natural justice, while timing and manner are specified by regulations. Mediation is a structured settlement process, not a merits judgment by the mediator.
Practical response
Prepare the factual chronology, contract, remedy options and relevant trade practice before sessions; the mediator may consider rights, obligations, usages of trade and circumstances.
Decision points and records
Prepare the applicable contract, transaction timeline and any relevant trade-practice evidence.
Do not assume mediation waives natural-justice considerations stated in subsection (2).
Example
A travel service dispute turns on cancellation terms and industry usage. Both sides give the mediator their booking records and realistic settlement options.
Official sources
Practical checklist
Do
- Bring decision-makers with authority and a documented settlement range.
- Prepare the applicable contract, transaction timeline and any relevant trade-practice evidence.
Avoid
- Do not treat a mediator’s view as a binding Commission order.
- Do not assume mediation waives natural-justice considerations stated in subsection (2).
Illustrative example
Section 79 in practice
A travel service dispute turns on cancellation terms and industry usage. Both sides give the mediator their booking records and realistic settlement options.
Identify the statutory trigger
Section 79 locates mediation in the attached consumer mediation cell and sets the principles the nominated mediator must consider.
Preserve the key record
Prepare the applicable contract, transaction timeline and any relevant trade-practice evidence.
Apply the limit
The mediator is guided by natural justice, while timing and manner are specified by regulations. Mediation is a structured settlement process, not a merits judgment by the mediator.
Outcome
- Prepare the factual chronology, contract, remedy options and relevant trade practice before sessions; the mediator may consider rights, obligations, usages of trade and circumstances.
Glossary
- Consumer mediation cell
- The cell attached to a consumer Commission for the statutory mediation process.
- Usages of trade
- Relevant practices in the trade that the mediator may consider along with party rights and the dispute’s circumstances.
Frequently asked questions
What factors may the mediator consider?
Rights and obligations, trade usages, the dispute’s circumstances and other relevant factors, while being guided by natural justice.
Who sets the mediation timetable and manner?
The nominated mediator conducts mediation within the time and manner specified by regulations.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026