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Section 76: Nomination of mediators from panel

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019
Section 75 All 107 Sections of Consumer Protection Act Section 77

Legal Commentary & Landmark Judgments: Section 76

Section 76 governs the nomination of mediators from the empanelled roster, balancing party autonomy in mutual selection with the Commission's power to allocate mediators in the absence of consensus.

  • Party Autonomy in Mediator Selection: Enables disputing parties to mutually agree upon a specific mediator from the empanelled roster maintained by the Consumer Mediation Cell.
  • Default Commission Nomination: Where parties fail to reach consensus on a specific mediator within the time stipulated, the Commission nominates an appropriate mediator from the panel.
  • Sectoral Alignment and Allocation: Empowers the Commission to match the technical or financial complexity of the dispute with the mediator's domain expertise.
Key Landmark Precedents:
  • Afcons Infrastructure Ltd. v. Cherian Vakkachan (2010) 8 SCC 24: The Supreme Court held that consensual agreement between litigating parties regarding the identity of the mediator is the cornerstone of successful alternative dispute resolution.
  • Bar Council of India v. Union of India (2012) 8 SCC 243: The Supreme Court recognized the supervisory authority of statutory bodies and courts in nominating neutral facilitators to ensure impartial dispute resolution.
Courtroom Practice & Strategic Litigation Guidance:

File a joint memo of parties nominating a preferred mediator from the empanelled list whose profile matches the technical nature of the dispute, ensuring that the Commission acts under Section 76 to confirm the consensual choice.

Section 75 All 107 Sections of Consumer Protection Act Section 77