Sections 75 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 75 to 78 deal with the people who mediate: how the panel is prepared, how long it lasts, how a mediator is chosen for a case, what the mediator must disclose, and when a mediator is replaced. The details of qualifications, fees and conduct are left to regulations, which are not in the text this article is based on. Our legal dispute resolution team can help you prepare when a mediator has been nominated in your matter.
The Commission prepares a panel of mediators, maintained by its consumer mediation cell, on the recommendation of a selection committee of the President and a member (75(1)). The panel is valid for five years, with eligibility for re-empanelment (75(3)). When nominating, the Commission considers the mediator's suitability for the dispute (s.76). A mediator must disclose any interest in the outcome, circumstances raising justifiable doubt about independence or impartiality, and other facts specified by regulations (s.77). The Commission shall replace a mediator in the cases described in section 78.
The four sections at a glance
| Section | Subject | Key point |
|---|---|---|
| 75 | Empanelment | Panel by the Commission on a selection committee's recommendation; five-year validity; details by regulations |
| 76 | Nomination | Commission considers suitability for the dispute |
| 77 | Duty to disclose | Interest, doubts on independence or impartiality, other facts by regulations |
| 78 | Replacement | Commission replaces the mediator on information received, after hearing the mediator |
Section 75(1): who prepares the panel
"For the purpose of mediation, the National Commission or the State Commission or the District Commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the President and a member of that Commission."
- Each Commission prepares its own panel.
- The panel is "maintained by the consumer mediation cell attached to it". The cell itself is created under section 74; see section 74 on the consumer mediation cell.
- The selection committee is the President and a member of that Commission. The text says "a member", so one member, and does not say which one or how the member is chosen.
- The committee recommends. The Commission prepares the panel on that recommendation.
Section 75(2): matters left to regulations
The qualifications and experience for empanelment, the procedure for empanelment, the manner of training, the fee payable, the terms and conditions, the code of conduct, the grounds and manner of removal or cancellation "and other matters relating thereto, shall be such as may be specified by regulations".
| Matter | Fixed by |
|---|---|
| Qualifications and experience | Regulations |
| Procedure for empanelment | Regulations |
| Manner of training | Regulations |
| Fee payable to the mediator | Regulations |
| Terms and conditions; code of conduct | Regulations |
| Removal or cancellation of empanelment | Regulations |
The regulations are made by the National Commission with the previous approval of the Central Government under section 103. They are not in the source text. This article states no qualification, fee or code.
Section 75(3): five years and re-empanelment
"The panel of mediators prepared under sub-section (1) shall be valid for a period of five years, and the empanelled mediators shall be eligible to be considered for re-empanelment for another term, subject to such conditions as may be specified by regulations."
- Five years is the life of a panel.
- Re-empanelment is a possibility, not a right: a mediator is "eligible to be considered". The conditions come from regulations.
- The section does not say whether a mediator can be dropped before five years; sub-section (2) leaves removal and cancellation to regulations.
Section 76: nomination by suitability
"The District Commission, the State Commission or the National Commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involved."
Two things stand out. The nomination is by the Commission, not by the parties. And the test is suitability for the dispute involved, so a mediator's background can be matched to the subject. The Act does not give criteria for suitability, does not require the parties' consent to the choice and does not say whether a party can object.
Section 77: duty to disclose
"It shall be the duty of the mediator to disclose—"
| Clause | What must be disclosed |
|---|---|
| (a) | Any personal, professional or financial interest in the outcome of the consumer dispute |
| (b) | The circumstances which may give rise to a justifiable doubt as to his independence or impartiality |
| (c) | Such other facts as may be specified by regulations |
Disclosure is a duty, not a power. The section does not say to whom the mediator discloses, or when. The natural reading is the Commission and the parties, but the text is silent on it. It also does not say what follows if the mediator fails to disclose; section 78 deals with replacement.
Example. Ms Kapoor, an empanelled mediator, is nominated in a dispute between a buyer and a developer. She holds shares in the developer's group. Section 77(a) requires her to disclose that financial interest in the outcome. Once disclosed, the Commission can consider replacement under section 78.
Section 78: replacement of a mediator
"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."
Reading it step by step:
- Source of information. The mediator may furnish it, or any other person, "including parties to the complaint".
- Satisfaction. The Commission must be satisfied. The section does not say satisfied about what. It sits beside section 77, so the matters in that section are the natural subject, but the text does not limit it to them.
- Hearing. The Commission must hear the mediator first.
- Result. The Commission "shall replace" the mediator by another. The word is shall, not may.
The text does not say how the new mediator is chosen. By reading section 76 with it, the Commission would again consider suitability, but the text does not expressly say so.
What the text leaves out
- It does not say whether the parties can propose a mediator.
- It does not give a time within which a mediator must be replaced.
- It does not say who pays the mediator; that is a matter for regulations under 75(2).
- It does not say whether a replaced mediator's earlier work carries over.
For the stage after nomination, read sections 79–81 on mediation procedure and settlement.
Need help with the mediator stage?
If a mediator has been nominated in your case, check whether there is anything that should be disclosed and be ready to inform the Commission under section 78. Our team can help you prepare for mediation and review the position before you sign anything. Start with a legal dispute resolution consultation and bring the reference order and the mediator's details.
Key takeaways
- Each Commission prepares a panel of mediators on the recommendation of a selection committee of the President and a member.
- The panel is valid for five years; re-empanelment is possible subject to regulations.
- Qualifications, training, fees, code of conduct and removal are for regulations.
- The Commission nominates a mediator by considering suitability for the dispute.
- Mediators must disclose interests and doubts on independence; the Commission shall replace a mediator on being satisfied.
Read next
- Section 74: consumer mediation cell
- Sections 79–81: mediation procedure, settlement and recording
- Sections 103–105: regulations by the National Commission and the CCPA
- Consumer Dispute Redressal Commissions: District, State, National
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.