Mediation As An Effective Mode Of Consumer Disputes Resolution: A Comprehensive Assessment In The Context Of The Consumer Protection Act Of 2019

Eeti Garg

ABSTRACT

As the saying goes, ‘Consumer is the King’, and rightfully so, the empowerment and protection of consumers are at the core of a robust and just economic landscape. In 2019, the Indian legislature took a significant step towards fortifying consumer rights by enacting the Consumer Protection Act of 2019. Within this groundbreaking legislation, ‘Mediation’ was introduced as an alternative mechanism to address consumer grievances. This heralded a new era of dispute resolution, promising a fair and efficient path to justice. Yet, despite the great promise of mediation, its full potential in resolving consumer disputes remains untapped. The mediation process is not without complexities, hindering its ability to deliver truly equitable outcomes. Prevailing preferences for litigation among Indian consumers, coupled with accessibility barriers and power imbalances within mediation, continue to favour traditional litigation route.

The present paper delves into the intricate realm of mediation in consumer disputes, exploring the factors that influence its effectiveness and proposing strategies to enhance the same. Emphasizing the advantages of mediation, this paper strives to raise consumer awareness and foster a greater acceptance of this transformative approach. Furthermore, it advocates for a comprehensive mediator training to ensure skilled guidance to consumers towards constructive resolutions. In order to democratize access to justice, it suggests implementing online dispute resolution, making mediation easily accessible to all. Moreover, vigilant monitoring of the legal framework’s implementation will foster transparency and bolster consumer confidence. By embracing strategic measures and collaborative efforts, this paper aspires to unleash the true potential of mediation and establish it as a preferred and effective mechanism for resolving consumer grievances, thereby strengthening consumer rights and fortifying the pillars of a fair and equitable society.