Acting Chief Justice of the Telangana High Court, P Sam Koshy, has emphasised that the true measure of success in consumer protection is not merely a favourable verdict, but the ability of a consumer to secure a fair remedy without enduring years of litigation. Addressing an awareness programme titled 'Mediation in Practical and Functional Perspective in Consumer Disputes', organised by the Telangana State Consumer Disputes Redressal Commission and its bar association, the Acting Chief Justice urged stakeholders to adopt the principle of 'first mediate instead of litigate'.
He clarified that this approach should not be viewed as a retreat from adjudication or established court procedures. Rather, it is an effort to reserve adjudication for disputes that strictly require authoritative determination. The event, held in Hyderabad on Saturday, also featured addresses by the Chairman of the Commission, Justice (Retired) G Radha Rani, and the Vice-Chancellor of NALSAR University of Law, Professor Srikrishna Deva Rao.
Justice Bhattacharya calls for statutory coordination
Justice Moushumi Bhattacharya of the Telangana High Court echoed the call for effective utilisation of mediation to resolve consumer disputes quickly and at minimal cost. She stressed that the Consumer Protection Act and the Mediation Act, 2023, must function as a coordinated system to curb delays plaguing consumer fora.
Justice Bhattacharya identified specific categories of disputes—including those arising from flight delays, cab services, and the purchase of goods—as prime candidates for early mediation. She suggested that consumers approaching e-grievance portals or helplines should be proactively asked whether they are willing to explore mediation at the complaint stage itself. She further emphasised the need to create an environment where consumers can freely articulate their grievances in their own words before a mediator.
What categories of consumer disputes did the judges identify as suitable for early mediation?
Justice Moushumi Bhattacharya identified disputes arising from flight delays, cab services, and the purchase of goods as suitable for faster resolution through mediation at the complaint stage itself.
To enhance public awareness, Justice Bhattacharya proposed organising legal literacy camps and awareness programmes on December 24, observed as National Consumer Day, to explain the benefits of the mediation process. The judges' collective push signals a judicial policy shift towards integrating Alternative Dispute Resolution mechanisms into the mainstream consumer justice delivery framework, aiming to make the system more accessible and cost-effective for the litigant public.
Speaker | Key Observation | Proposed Mechanism |
|---|---|---|
Acting Chief Justice P Sam Koshy | Success lies in securing fair remedy without years of litigation; adjudication reserved for disputes needing authoritative determination. | Adopt 'first mediate instead of litigate' approach. |
Justice Moushumi Bhattacharya | Consumer Protection Act and Mediation Act, 2023 must work as coordinated system. | Offer mediation at e-grievance portal/helpline stage; legal literacy camps on National Consumer Day. |
The observations from the bench underscore a growing judicial consensus that procedural efficiency in consumer justice requires a structural shift towards pre-litigation settlement. By advocating for mediation at the entry point of a dispute—specifically through digital grievance portals—the court aims to prevent the docket explosion that typically delays adjudication. The reference to the Mediation Act, 2023, as a statutory partner to the Consumer Protection Act provides the necessary legislative backbone for this procedural reform. The emphasis on consumer articulation 'in their own words' highlights a procedural justice dimension, ensuring the process remains party-centric rather than lawyer-driven. This judicial initiative aligns with the broader policy objective of reducing the burden on Consumer Commissions while ensuring timely relief for aggrieved consumers.