Mediation in Consumer Court cases

I have filed a complaint at the District Consumer Commission against a transportation service provider and now, the service provider who wronged me has suggested that we take it up for mediation. I'm fine with that too. But can all consumer cases be referred to mediation? Are there exceptions?

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Yes, you can take it up to mediation. But remember that all cases can not be referred to mediation. The Consumer Protection (Mediation) Rules, 2020 prohibit certain matters from being submitted or referred to mediation under Regulation 4. This includes matters of medical negligence which has resulted in grievous injury or death, cases where serious allegations of fraud, fabrication of documents, forgery, impersonation or coercion are involved, cases involving PILs and cases relating to criminal prosecution and non-compoundable offenses. Offences relating to committing of defaults for which at least one party has filed an application of compounding of offences are also excluded from being referred to mediation. Apart from the aforementioned matters, if the Commission chooses not to refer a dispute before it for mediation, then the parties will be prohibited from doing so. Reasons for the commission doing so could include if it feels that there is no scope for an acceptable settlement that can be arrived at by mediation or if it feels that mediation might not be effective and appropriate.

Answered on June 21, 2021.
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