Strengthening Consumer Justice Through Mediation: Legal And Institutional Challenges In India
- IJLLR Journal
- Jun 21
- 2 min read
D. Asenthamani, Assistant Professor, Chennai Dr. Ambedkar Government Law College, Pudupakkam.
ABSTRACT
The protection of consumer rights is a fundamental component of a fair and efficient marketplace. However, the growing volume of consumer disputes in India has placed significant pressure on traditional adjudicatory mechanisms, resulting in delays, increased costs and procedural complexities. In response to these challenges, mediation has emerged as a promising alternative dispute resolution mechanism aimed at facilitating amicable settlements and enhancing access to consumer justice. The mediation under the Consumer Protection Act, 2019 represents a significant shift towards a more participatory, cost-effective and time-efficient model of dispute resolution within the consumer protection framework. The role of mediation in strengthening consumer justice in India by analysing the legal and institutional framework governing consumer dispute resolution. The statutory provisions relating to consumer mediation, the establishment and functioning of Consumer Mediation Cells and the potential of mediation to reduce case backlogs while promoting mutually acceptable outcomes. The practical challenges that hinder the effective implementation of consumer mediation, including inadequate infrastructure, lack of trained mediators, limited public awareness, procedural inconsistencies and concerns regarding enforceability and accountability. The paper adopts a doctrinal research methodology based on an analysis of statutory provisions, policy documents, judicial pronouncements and scholarly literature. While mediation possesses considerable potential to transform consumer dispute resolution, its effectiveness depends upon robust institutional support, capacity building, public awareness initiatives and greater procedural uniformity. The study concludes that strengthening the mediation framework can significantly contribute to consumer empowerment, speedy justice and the overall effectiveness of the consumer protection regime in India. It further offers recommendations for improving the legal and institutional mechanisms necessary for the successful integration of mediation into the consumer justice system.
Keywords: Consumer Justice, Mediation, Consumer Protection Act, Alternative Dispute Resolution, Consumer Dispute Resolution.
