The Food, Civil Supplies and Consumer Affairs Department, Gujarat on March 21, 2022 has issued the Gujarat Consumer Protection (Mediation) Rules, 2022.
The foremost provisions of the rules are as followed:
• Mediation Cell. -
(1) Every Mediation Cell set up in a Commission, shall have a panel of mediators on the recommendation of a selection committee consisting of the President
and a member of that Commission.
(2) The Mediation Cell shall have such support staff as may be decided by the President of that Commission in consultation with the State Government and the State Government shall provide all administrative assistance and infrastructure facilities required by the Commission.
• Disqualifications for empanelment. -
1) The following persons shall be disqualified for being empanelled as a Mediator, namely :-
(a) a person who has been adjudged as insolvent;
(b) person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending;
(c) a person who has been convicted by a criminal court for any offence involving moral turpitude;
(d) a person against whom disciplinary proceedings have been initiated by the appropriate disciplinary authority and are pending or have resulted in a punishment.
2) A person who is or has been interested in or connected with the subject matter of the consumer dispute or is related to or has been associated or connected in any manner, including in a professional capacity, with any of the parties to the consumer disputes or any of their associates, affiliates, promoters, holding companies, subsidiaries companies, partners, directors or employees, shall be disqualified for being nominated as a mediator in that case.
• Removal of mediator. - If a mediator is discovered to be disqualified or he in any manner misconducts himself as a mediator or he is otherwise found unsuitable to continue as a mediator, the Mediation Cell may remove his name from the panel of mediators after giving an opportunity of hearing to him.
• Re-empanelment of mediator. - Only such mediators shall be eligible for re-empanelment who, in the opinion of the Mediation Cell, have successfully and efficiently discharged their functions as empanelled mediators and such re- empanelment is made on the basis of the recommendation of the Selection Committee.
• Role of mediator. -
(1) The mediator shall attempt to facilitate a voluntary resolution of the disputes between the parties, assist them in removing the misunderstandings, if any, and generating options to resolve their disputes, but shall not impose any term or any settlement upon the parties.
(2) The mediator shall explain the terms of the agreement, to the parties, before obtaining their respective signatures on it.
• Confidentiality. -
(1) The parties and the mediator shall maintain confidentiality in respect of the events that transpire during the mediation proceedings and shall not use or rely upon any information, document etc. produced, the proposals and admissions made or the views expressed during the mediation proceedings.
(2)There shall be no audio or video recording of the mediation proceedings.
• Immunity. -
(I)No mediator shall be liable for any civil or criminal proceedings, for any act done or omitted to be done bonafidely by him, in his capacity as a mediator.
(2) The mediator shall not be summoned by a party to appear in a Court or other forum, to testify in regard to any information received or the action taken by him during the mediation proceedings.
• Refund of fee. - Where the Commission refers the parties to mediation, the complainant shall be entitled to receive full amount of application fee paid in respect of such complaint, if a settlement is reached between such parties.
• Matters not to be referred to mediation. - The following matters shall not be referred to mediation, namely:
(a) the matters relating to proceedings in respect of medical negligence resulting in grievous injury or death;
(b) matters which relate to defaults or offences for which applications for compounding of offences have been made by one or more parties;
(c) cases involving serious and specific allegations of fraud, fabrication of documents, forgery, impersonation, coercion;
(d) cases relating to prosecution for criminal and non-compoundable offences;
(e) cases which involve public interest or the interest of numerous persons who are not parties before the commission:
Provided that, in any case other than those mentioned in this rule, the Commission before which the Case is pending may choose not to refer it to appears to the Commission that no elements of a settlement exist which may be acceptable to the parties or that mediation otherwise not appropriate having regard to the circumstances of the case and the respective positions of the parties.
• Settlement agreement not to be discharged by death of party thereto. -
(1) A settlement agreement shall not be discharged by the death of any party thereto and shall be enforceable by or against the legal representative of the deceased party.
(2) Nothing in this rule shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.
[Notification No. - GTH/2022/08/CPAlI020211146f48/D]
