Section 79 of CPA : Section 79: Procedure For Mediation

Explanation using Example

Imagine that Mr. Sharma purchased a refrigerator from a local electronics store. After two months, the refrigerator stopped cooling effectively. Mr. Sharma filed a complaint with the store, but they refused to repair it under warranty, claiming that the issue was due to Mr. Sharma's misuse. Feeling aggrieved, Mr. Sharma approached the District Consumer Commission seeking redressal for his grievance.

The District Commission, after initial assessment of the case, decided that the matter could be resolved through mediation rather than a full-fledged legal proceeding. Accordingly, the Commission referred the dispute to the consumer mediation cell attached to it, in accordance with Section 79(1) of the Consumer Protection Act, 2019.

A mediator was nominated by the District Commission to facilitate the resolution of the dispute between Mr. Sharma and the electronics store. The mediator, as per Section 79(2), took into account the terms of the warranty, the usage instructions for the refrigerator, and the nature of the defect that caused the cooling issue. The mediator ensured that both parties were treated fairly, in line with the principles of natural justice.

The mediation process was conducted within the timeframe specified by the relevant regulations, adhering to Section 79(3). The mediator successfully helped both parties reach an amicable settlement, where the store agreed to repair the refrigerator at no extra cost to Mr. Sharma, thus resolving the consumer dispute efficiently and effectively.